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Do I have to file bankruptcy with my spouse?

No. You would only file bankruptcy with your spouse if both of you needed and wanted to. It is a business decision because, if only one of you files bankruptcy, then you need to make sure that the family can afford to pay the bills with which the non-filing spouse will be left. This includes co-signed debts that the filing spouse has discharged. In South Carolina, all married people are legally responsible for their spouse’s medical bills. It usually does not cost any more in attorneys fees to file bankruptcy as a married couple (or any less to file alone).

  • Learn More About Bankruptcy

    If its time to start considering a step toward bankruptcy we're here to help. I have been helping people through the process of filing bankruptcy in South Carolina for over 20 years. We are here for you if you have questions.
  • Download Bankruptcy Guide

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  • Can I go to Jail for not Paying my Bills?

    No, not unless you committed a crime in the creation of the debt (for example, fraud). Simply borrowing money and not being able to pay it back is not a crime. Many creditors representatives will tell you lies on the telephone and say that they will have you put in jail. Perhaps they are too ignorant to know they are wrong or that it is illegal for them even to say that. See More Bankruptcy Q&A