Can my x-wife and I file bankruptcy jointly despite being legally separated?

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Anonymous Mar 2, 2015 Bankruptcy 3 views 4 answers

We did divorce outside the U.S., if that makes any difference. We have not registered the divorce or the marriage in the U.S., but have with the consulate's offices.

Attorney Answers

Waymon Harrell

Waymon Harrell · Jun 15, 2026

If you are not currently residing in the same household, you should not file a joint bankruptcy case. If you are presently residing in the same household, and remain legally married in the U.S., you can file a joint bankruptcy case, if the case is a Chapter 7 case. I would not file a joint Chapter 13 case, though, if you have plans to separate and divorce on down the road. A Chapter 13 case is designed to last 3 to 5 years, and your marital union probably will not last that long. You should discuss these issues with a local bankruptcy attorney.

0 upvotes

Dorothy Bunce

Dorothy Bunce · Jun 15, 2026

Your assumption that your divorce outside of the US doesn't count is frightening. You can only file a joint bankruptcy if you are legally married to each other. Why risk it if you have a divorce? Hope this perspective helps.

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Andrew Trexler

Andrew Trexler · Jun 15, 2026

Assuming it makes sense to file, you should just each file your own case unless for some reason that divorce isn't legally binding (I don't know why it wouldn't be). Far better to pay for two cases than to have a joint case dismissed for ineligibility. As well, as noted above, a chapter 13 is generally a terrible idea for a couple who is splitting up - you'll each be liable for the full payment, regardless of whether your ex is paying whatever you think their fair share is. Look at filing your own 7 or 13. Good luck!

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Brittany Cline

Brittany Cline · Jun 15, 2026

I've consulted with many couples in various states of separation and my answer is almost always to file separately, for a number of reasons. You should each find separate representation and just keep it clean and straight forward instead of trying to muddle through a joint filing that could potentially be dismissed.

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