Hello, this is Brad Sadek of Sadek Bankruptcy Law Offices.
One of the questions that I get is can I file a bankruptcy without my spouse? And the answer is absolutely, yes. If one spouse has debt and the other spouse does not have any debt. I would never recommend the spouse that is not carrying (debt) to engage in a bankruptcy or any other type of debt relief plan. Also in some situations, it makes sense for spouses not to be within the same bankruptcy matter.
For example, a spouse can file a Chapter 7 and another spouse can file a Chapter 13. There are occasions where a spouse files a bankruptcy, and the other spouse does not need a bankruptcy, and maybe something like a debt consolidation or a simple debt negotiation works out best. So, the answer is a spouse can file a bankruptcy without the other spouse.