Bankruptcy and marriage

What is the name of your state? Illinois

I was planning on filing bankruptcy. Now, my husband and I are having problems and he is moving out but I don't know if we'll be divorcing. Can I go ahead with the bankrutpcy without my husband?? Or do we need to file together while we're married?

[Ladynred]

You can file now with out him. However, be aware that if you do end up in divorce court before your bk goes thru, it could get stalled waiting for the property settlement piece of your divorce.

I had this problem as well....you can file without your spouse being included...however if Illinois is a community property state like mine is, I was informed that if my spouse (even if he is ex by the time we file) were not included on the papers and in the process, the bankruptcy only clears me from the debt and the creditors can go after him still for everything. So we are doing it together so that it is a clean slate for us both going forward since Im filing now anyways and it wont be a separate expense for him to do later on his own.

But that is up to you whether you care if he has that happen afterwards (depending on your circumstances).

If Illinois isnt a community property state....disregard!

[Ladynred]

IL is NOT a community property state.. you're safe !