You can file a Chapter 13 case if you are an “individual,” have regular income,” and don’t owe too much.
Almost all consumer bankruptcies are voluntary. Involuntary ones are mostly for businesses. Joint cases with your spouse save time and money.
You can file bankruptcy without your spouse, but the better question is whether it is wise to do so.
Although rare, sometimes it’s best for one of you to file a Chapter 7 case and the other a Chapter 13 one.
Here are the direct answers to some important threshold questions about bankruptcy involving divorce.