“I am married and considering filing for bankruptcy due to overwhelming credit card debt. I rent an apartment and have no mortgage or car student loans etc. My question is can I file only for myself if all cards and debts are in my name and not involve my wife’s cards and debts and credit, or is the only way a joint filing?”

I am not a bankruptcy lawyer, and you should consult with a bankruptcy attorney near you (you should be able to get a free consultation). That said, my understanding of bankruptcy law is that, well, it depends. You can file just on your own, without including your wife on the bankruptcy. But that can also mean that your creditors will go after her for any joint debts. In addition, the bankruptcy may still be noted on your wife’s credit record.

Again, you need to consult a bankruptcy attorney who can best advise you as to what your options are.

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Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.