Should Both Spouses File Bankruptcy in San Francisco?

Dedicated Debt Relief Law Firm

Struggling with debt can place a great deal of stress on a marriage. You should not have to deal with the extra worry of trying to decide whether you and your spouse should make a joint filing for bankruptcy, or file individually. At the law office of Patrick McMahon, our dedicated Bay Area bankruptcy attorneys can provide you with knowledgeable legal advice that can help you get much need relief from your debts.

Should both spouses file bankruptcy in San Francisco? We have the answers that you need. Contact our California debt relief lawyers online or call 415-543-9338 to arrange for a free initial consultation to discuss your situation.

Exploring Your Options

It is not necessary for married couples to file for bankruptcy jointly. However, whether a person should file individually or not depends on each couple's circumstances. For example, if one spouse had filed for bankruptcy prior to the marriage, he or she may not be eligible to file again, depending on how much time has passed. In this case, it would make sense for the other spouse to file individually.

If you are interested in filing for Chapter 7 relief as an individual, it is important to note that the total household income will be taken into account when determining eligibility. If the nonfiling spouse brings in significantly more income, a Chapter 13 filing may be a better route. In either case, our Oakland bankruptcy attorneys will review your situation to determine who should file and what type of filing will make the most sense.

Divorce and Bankruptcy

Another factor that must be taken into consideration when deciding whether to file jointly is the strength of the marriage. If only one spouse files, then that spouse can be left with the responsibility for all of the marriage's debts should a divorce occur. Again, a joint filing really depends on your unique circumstances. At the law office of Patrick McMahon, our lawyers have the skill and knowledge to help you make a determination that is in the best interests of your marriage.

Call for a Free Consultation With an Oakland Divorce and Bankruptcy Attorney

Whether both spouses should file bankruptcy is a decision that should be made with the advice and guidance of seasoned legal counsel. Contact our San Francisco Chapter 13 lawyers online or call 415-543-9338 for a free initial consultation.

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We are a debt relief agency, helping individuals and small businesses in California in filing for bankruptcy under the Bankruptcy Code.