10/07
Does my spouse have to file bankruptcy with me?
Absolutely not.
It is possible for your spouse to file with you but not required. A joint case is an administrative convenience but it is simply two cases filed together. (And you must both qualify to file the case in the first place.)
Your spouse may want to file a joint case with you, if there is joint debt, though. In Missouri, if you file bankruptcy and discharge a debt owed by you and your spouse, they will still owe that debt. It would likely cost nothing more to include your spouse in the case in such situations but it is definitely not required.
There can be some complicated situations in which it is advisable that your spouse not file a case at this point, too.
Further reading: Do I Have to File with My Spouse
It is possible for your spouse to file with you but not required. A joint case is an administrative convenience but it is simply two cases filed together. (And you must both qualify to file the case in the first place.)
Your spouse may want to file a joint case with you, if there is joint debt, though. In Missouri, if you file bankruptcy and discharge a debt owed by you and your spouse, they will still owe that debt. It would likely cost nothing more to include your spouse in the case in such situations but it is definitely not required.
There can be some complicated situations in which it is advisable that your spouse not file a case at this point, too.
Further reading: Do I Have to File with My Spouse
