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A husband and wife are not required to file a bankruptcy jointly. One party can file without the other.
The effect on the non-filing spouse will be dependent upon whether there are joint debts and/or joint assets. If there are no joint debts and no joint assets, there may be little or no effect on the non-filing spouse. If there are joint debts and/or joint assets, the non-filing spouse would remain liable on the joint debt and the joint assets would need to be included in the filing.
A divorce during or within one year before the bankruptcy would have little effect.
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