No, you can absolutely file individually!

Whether you should or not depends on who is legally liable on the debts that you have:

~ If you have individual debts, then filing individually may make the most sense for your family.

~ If you have joint debts with your spouse, it may not be a good idea to file an individual bankruptcy.

~If only one joint debtor on a joint debt files bankruptcy, the other joint debtor who did not file bankruptcy is still liable for the debt.

One nice feature of bankruptcy is that if you both do have to file, a couple who is legally married can file a joint case for no additional cost. That’s like getting two bankruptcies for the price of one!