Can you file bankruptcy while your married but separated?

I want to file bankruptcy. My husband does not. We're separated, and I can't afford the bills. In NC you have to wait 1 year before you can legally divorce. Can I file anyway? We have joint debts. Since I can't pay for them, would that leave him responsible?Can you file bankruptcy while your married but separated?
Yes you can file without your husband and yes it will leave him responsible for any joint debts.Can you file bankruptcy while your married but separated?
Yes, you may file bankruptcy individually without your spouse.





Now, whether your spouse would be affected is another question. Some things that might affect your spouse include: if your spouse was a co-signer on any of your debts, if any of your debts are joint debts (such as mortgage, etc.).





Since you say that you have joint accounts, If you file BK then when discharged only your liability on the debt and not the debt owed by your husband. In most instances, the debt owed is owed on the basis of joint and several liability. Whatever was owed prior to filing remains owed by the non-filing co-debtor (your husband). This means that he will be responsible for 100% of the remaining debt.





You should speak to a Bankruptcy attorney, most will give you a free of charge consultation.
Yes you can file just for yourself then that will leave him responsible for his half. You might want to contact the creditor and let them know what you situation is they might be willing to do settlement with you and you might not have to file bankruptcy and them they can go after him for the rest best of luck.