Yes! You can file bankruptcy as an individual without your spouse.
This type of filing is considered an individual filing with a non-filing spouse rather than a joint filing. Wisconsin is a community property state. If you are residing with your spouse, the court will require information regarding your spouse’s income and assets. If you are separated from your spouse and do not operate as a single household, this information might not be needed.
This type of filing is usually not recommended but can be a good idea in certain circumstances. If the marriage is recent for instance there might only be substantial debt in one spouse’s name and there is not much community property yet. The spouse without the debt can avoid filing. This can be a good option if one spouse has already filed for a Chapter 7 bankruptcy in the past 8 years and they are not yet eligible to file again.
Both you and your non-filing spouse might have questions about income, houses, vehicles, credit and even their future. This is a perfect time to address these concerns during a free bankruptcy consultation. If you or your spouse is drowning in debt there is hope!
Attorney Shari Lynn Stevens has worked extensively with residents of Northeastern Wisconsin to secure their financial freedom through filing Chapter 7 and Chapter 13 bankruptcies. She also advocates and represents disabled clients in their Social Security disability claims.
