If I’m legally married but we have been seperated for over a year, do we have to file together?
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If I’m legally married but we have been seperated for over a year, do we have to file together?
If I’m legally married but we have been separated for over a year, do we have to file together? My ex is dragging her feet getting me her financial information and this is folding me up from filing. All of the debt is joint and I’m now being garnished for this. I can’t afford an attorney and I’m going to file myself.
Asked on November 8, 2010 under Bankruptcy Law, Oregon
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
No, you do not have to file together. However, unless you are living apart legally separated, in a situation where only one spouse files, the income and expenses of the non-filing spouse is required so that the court, the trustee and creditors can evaluate the household's income.
Note: Filing together eliminates the separate debts of you and your spouse and all the jointly-held marital debts. Filing alone leaves the non-bankrupt spouse still liable for his or her share of joint debts, but wipes out the spouse's separate debts and his/her share of the joint debts.
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