Married Filing Bankruptcy

If you and your spouse are considering filing bankruptcy, there may be barriers you didn’t know about. For instance, if you did not obtain a license and go through a ceremony, the federal government may not consider you married. For many couples, it may be beneficial to file as a married couple to save money on filing fees and not leaving the debt for the other spouse to pay.

Common-Law Marriage

Some states allow heterosexual couples to file “common law” marriages if they qualify.
Since states have different rules and some don’t allow it at all, be sure to check the state you live in to see if you meet the requirements to qualify.

∙ Live together for a specific period of time
∙ Use the same last name, refer to themselves as married
∙ Plan to be married

Same-Sex Marriage

The federal law states that marriage is defined as a union between a man and a woman. Depending on the state you were married in, there may be occasions in which a same sex couple could file jointly. Consult a bankruptcy attorney to find out if you will be able to file jointly for bankruptcy in your state.

Whether you file jointly or separately, the goal is to discharge most of your debt while keeping your property. Contact a Citrus Heights bankruptcy attorney that knows the law and can get you the financial relief you are looking for.