Yes, it is possible to file for bankruptcy as an individual even if your spouse does not wish to participate in the process. The law permits an individual to file a bankruptcy petition without requiring the spouse to be included in the filing. However, it's important to note that when you file as an individual, you are still required to account for all income received, which includes disclosing the non-filing spouse's income.
It's crucial to be aware that if you have joint financial obligations, such as a joint credit card or joint accounts, and your spouse is not part of the bankruptcy case, the creditor can still pursue collections from the non-filing spouse for those joint debts.
The decision to file an individual bankruptcy petition or a joint one should be made carefully, as there are advantages and disadvantages to each approach, and the choice depends on the specifics of your situation. To make an informed decision, it is highly advisable to consult with an attorney who specializes in bankruptcy law in New Hampshire, as every case is unique and should be evaluated on an individual basis. An attorney can provide guidance tailored to your circumstances and help you understand the implications of your choice.