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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 19127
Experience:  B.A.; M.B.A.; J.D.
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I live in Maine. I am currently separated from my wife of

Customer Question

I live in Maine. I am currently separated from my wife of seven years, with a divorce looming. We have two children, joint property, and a mountain of joint debt. She has not filed our signed divorce papers yet, however she has sought out a lawyer and is filing Chapter 7 bankruptcy by herself, and won’t include me. Is that legal?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 7 years ago.
Hello,


Thank you for your question. I am happy to assist you.


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.


I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.
Expert:  Phillips Esq. replied 7 years ago.

 

I live in Maine. I am currently separated from my wife of seven years, with a divorce looming. We have two children, joint property, and a mountain of joint debt. She has not filed our signed divorce papers yet, however she has sought out a lawyer and is filing Chapter 7 bankruptcy by herself, and won't include me. Is that legal?

 

Response: Yes, it is legal for her to file for Chapter bankruptcy 7without including you. You should also find yourself a bankruptcy attorney and file for bankruptcy so that you would not be responsible for the joint debt after her bankruptcy.

 

Click here to find bankruptcy attorneys:

 

http://www.nacba.org/

 

http://www.naca.net/

 

http://www.justia.com/