No. If you are married, you can choose whether to file jointly or singly, meaning with or without your spouse. However: the non-filing spouse IS affected by (or included, in a sense) in the bankruptcy. The non-filing spouse’s income generally factors into the filing spouse’s eligibility (for chapter 7) or payment amount (in chapter 13 bankruptcy). California is a community property state: earnings and acquisitions during marriage presumptively belong to both spouses. Thus, in bankruptcy, the non-filing spouse’s property IS the filing spouse’s property, except if there’s irrefutable proof it’s “separate property” (e.g., assets owned prior to marriage or property acquired from inheritance). You must be legally married to file bankruptcy together; domestic partners cannot file a joint case.