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Spouses and Bankruptcy

The decision to file for Bankruptcy involves many interrelated consideration. One of those decisions is who should file. Just because you are married does not mean your Spouse must file too. The analysis and decision of who to file takes significant legal experience and insight into when it is appropriate for your Spouse to file with you.

Your Spouse and Cincinnati Bankruptcy

Filing for bankruptcy involves several difficult decisions, including whether or not it is advisable for married people to file singly or jointly. Steiden Law Offices can analyze and explain the pros and cons of having your spouse file and how it would affect them. Call and schedule your confidential consultation and analysis to see which situation works best for your unique financial situation.

We serve clients throughout Southern Ohio and Northern Kentucky, with offices in Cincinnati,OH; Florence, KY; and Covington, KY.

Spouse Not Required to File

The Bankruptcy Code does not mandate that the Spouse of a Debtor file. A married couple may file in a joint filing. One may filing for bankruptcy while the other does not. Or, both spouses can file separately.

Since bankruptcy is a federal matter, the court recognizes same-sex marriages performed in a jurisdiction recognizing marriage equality.

The decision is a complicated one that takes a deep understanding of State law, finance and the Bankruptcy Code. The Steiden Law Offices has tremendous experience counseling couples who may not both need to file. There are advantages to having your spouse not file but there are also circumstances which suggest it would be beneficial.

Benefit to Non-Filing Spouse

Oftentimes, couples have separate and distinct finance accounts. If your spouse is not financially or contractually obligated on your troublesome debts, there may be no reason or benefit for them to damage their credit by joining with your Bankruptcy filing. However, every circumstance is different, and there may be a good reason to proceed with a joint filing.

In some situations, a Spouse will refuse to file. Sometimes, the accounts where your spouse is obligated can be reaffirmed and salvaged and even be used to rebuild your credit.

Should I File for a Joint Bankruptcy with My Spouse?

If you are married and seeking to file bankruptcy in Southern Ohio or Northern Kentucky, there are many decision you and your spouse must make. An experienced attorney can assist you in making the best decisions. Call Steiden Law Offices and see how your situation fits into this issue and let Steiden Law Offices get you on the road to your Fresh Start.