Yes, you can file for bankruptcy without your spouse in Georgia. Whether you should file without your spouse, or if the two of you would be better served filing a joint petition, depends on the specifics of your situation. Consult with an experienced bankruptcy attorney to explore both options!
If you file bankruptcy without your spouse, his or her name and social security number will not be listed in the bankruptcy petition. However, you are required to disclose all of your household income, including your spouse’s income. This is because household income is the determining factor in the means test, which helps determine bankruptcy eligibility. You may have to provide 6-months of your spouse’s pay stubs or other documentation of his or her income.
Joint Debts When Only One Spouse Files for Bankruptcy
When only one spouse files for bankruptcy, the non-filing spouse will still be liable to pay back any joint-debt that the couple has together.
For example, say you and your spouse took out a credit card in both of your names and charged $10,000 worth of debt. If you successfully file for bankruptcy without your spouse, then you will not be liable to pay back the $10,000. That debt will be discharged in the course of your bankruptcy. However, your spouse (who did not file for bankruptcy) will be liable to pay back the debt. If he or she fails to pay back the debt, the creditor will be able to take collection action against the non-filing spouse.
On the other hand, if you and your spouse file a joint bankruptcy petition and it is successful, then neither of you will be liable to pay back the debt. The Bankruptcy Discharge Order will apply to joint debts and individual debts of each spouse.
And of course, individual dischargeable debts of the filing spouse will be discharged in a successful bankruptcy.
If you or your spouse have questions about bankruptcy in Georgia, we invite you to come meet with us for a free consultation. We proudly serve the people of Savannah, Chatham County, Effingham County, Bulloch County, Bryan County, Liberty County, and Long County. Schedule your free consultation by calling us at (912) 351-9000 or by filling out this simple web form.
We are a debt relief agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code.