Bankruptcy Basics

Exploring Bankruptcy When Your Spouse Isn’t on Board

Posted by Craig Black | Feb 07, 2024 | 0 Comments

Debt can be a major strain on any marriage, and filing for bankruptcy can offer relief from the overwhelming debt burdens. The decision is especially complex when your spouse isn't even open to considering it.

Open Communication

First things first, you need to have an open and honest conversation with your spouse about the reasons why you're considering filing bankruptcy. Talk about the extent of your financial struggles, the potential benefits of bankruptcy, and any alternatives you've already considered.

Talk to a Bankruptcy Attorney

It's essential to consult with a knowledgeable bankruptcy attorney, even if your spouse is hesitant. At The Craig Black Law Firm, we can help you understand your situation, assess your financial situation, explain the implications of bankruptcy, and explore alternative debt relief and other options. Contact us today.

Consider Filing Solo

In some cases, it may be possible for one spouse to file for bankruptcy individually without the other's involvement. This can be beneficial if:

  • Your debts are primarily in your name.
  • You have an agreement protecting separate assets and debts.
  • Your spouse has good credit and wants to avoid the impact of bankruptcy.
  • You want to preserve your spouse's future bankruptcy eligibility.

However, opting for solo bankruptcy also comes with its own set of challenges:

  • Your spouse's income and assets will still be considered in determining your eligibility and exemptions.
  • Joint debts might still impact your spouse's credit score.
  • Certain assets owned jointly might be liquidated to pay off your debts.

You Don't Have to Go It Alone

An experienced bankruptcy attorney can provide invaluable guidance throughout this challenging process. The legal team at The Craig Black Law Firm will evaluate your specific financial situation and advise you on the best course of action. We will explain the legal implications of filing individually versus jointly, help you navigate the bankruptcy filing process and paperwork, and represent your interests in court to ensure a smooth filing experience.

Filing for bankruptcy is a significant legal decision. By understanding your options, communicating openly with your spouse, and seeking professional legal counsel, you can navigate this challenging situation with clarity and confidence.

If you have any questions or require further guidance, please don't hesitate to call (678) 888-1778 or contact us online today. We are here to help you make informed decisions and achieve financial stability.

About the Author

Craig Black

I had never thought much about bankruptcy law, but after graduating from law school, I moved to Chicago. My first job as an attorney was with a law firm that specialized in bankruptcy. Within a few years, I went from being the youngest attorney in the firm to a managing attorney. During my time t...


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