Bankruptcy Forum

Bankruptcy while married

Sheenasmom2
11-09-2003, 07:15 AM
Does anyone happen to know if you can file a single Bankruptcy while you are married. I want to make this my absolute last option but I am in a bad marriage and my husband makes more money than I do. For some unknown dumb reason the 3 credit cards we have are all in my name and 2 are maxed. He has told me on more than one occasion, sure go ahead and leave but you aren't taking the kids. You can't afford to raise them even with child support with all of your bills to pay. Granted I know they say that the courts may make him liable for half anyway, but I don't know that for sure and I can't take a chance on not being able to keep my kids because of my finances.

I was wondering if I could file bankruptcy while I am married but only in my name and not in my husbands name in the state of Illinois? I have been told by friends that I can't then I have been told that I can but that they will investigate his finances first to see if he could handle the payments. Does anyone know anything about this type of situation? I was hoping that if I could I could do it without his knowing so he couldn't somehow stop me then I would be able to financially support my kids as well as he could.

Thanks for the help.

popoman49
12-06-2003, 02:03 PM
You can file by yourself as long as your spouses name is not jointly on the bills that you are drying to get discharged.