The age old question that gets put to any bankruptcy attorney. The reasons for this question are endless, but most of the time it is because one spouse does not want the other spouse to know they are filing bankruptcy, or they want to protect the other spouses credit rating. Whatever you reason for this question, the short answer is no, your spouse does not have to file bankruptcy if you are. There is nothing in the bankruptcy code that requires married couples to file jointly. Of course it may be a really bad idea to leave your spouse out.
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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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