There is no mandate that says you must file a joint case according to Gurnee bankruptcy attorney. In fact, if only one of you has debts, then only one of you needs to file. If, however, you have a lot of joint debts, then I would typically recommend that you both filed for bankruptcy protection. If you both filed for bankruptcy protection, then the creditor cannot pursue either one of you anymore on that particular debt. If only one of you files for bankruptcy and there is a joint debt, then the creditor can’t pursue the non-filing spouse.
It’s always best to get out of debt completely and if there is joint debt, it’s best for both parties to file together. Debts can cause a lot of stress on a marriage and on a family and if there is a way to wipe out the debts together in one fell swoop, then I definitely recommend a Chapter 7 bankruptcy case or a joint Chapter 13 bankruptcy case.
In the event that one spouse does not want to file, the other spouse can file if he or she wants to. You cannot force a spouse to file with you; however, your spouse cannot prevent you from filing individually if that’s what you desire to do.