Bankruptcy and Separated Spouses
1. You can file separately.
2. You can file together with your separated spouse.
The first choice is straightforward because you only have to deal with your situation. A joint filing on the other hand can be fraught with problems.
As your Baltimore bankruptcy lawyer I will be the first to tell you that filing with your separated spouse is attractive from a financial standpoint because the two of you get to share the costs. Both of you can pick up the tab on legal fees and filing fees. A chapter 13 bankruptcy will cost our Baltimore and Towson clients several thousands dollars. But what do the savings of sharing the cost really buy you?
Is it possible for you and yours spouse to disagree about what chapter to file down the road? Is your spouse terrible at keeping important records? Our Baltimore bankruptcy lawyers have dealt with both extremes in terms of impeccable record keeping and folks who can’t find an important document to save their lives. Does your spouse take his or her time when making major decisions? Do they tend to miss important appointments? Are they going to show up for required court dates? All these things and many more factor into a joint filing between separated spouses.
As your towson bankruptcy lawyer I have seen bankruptcy cases filed jointly with a separated spouse fall apart. As a result, one spouse is left to sever the case and proceed on their own.
Therefore, a joint filing should only be considered very carefully among separated spouses. Do not put your financial future in the hands of someone else when you don’t have to. Always remember to consult a knowledgeable bankruptcy attorney before taking any action.