A recent potential client contacted me and asked this very question. The short answer is yes, you aren't required to file a joint petition if you are married. One spouse can file while the other remain outside the proceedings. However, doing so may not be in the parties' best interests.
By filing without your spouse, any community debts will be discharged as to the filing spouse (if they qualify) but they will remain enforceable against the non-filing spouse. As a result, creditors can and often do come after the non-filing spouse to collect the debt owed.
Additionally, the income and expenses used to determine if you qualify for filing can be effected. If you are considering filing for bankruptcy without your spouse, it is strongly suggested that you contact an experience bankruptcy attorney regarding these and other issues before you file.
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