The easy answer if no, you do not have to file a joint petition even if you are married, however, before filing, make sure you speak with an experienced bankruptcy attorney who can advise you on the implications and consequences of joint versus separate filings. Generally, if you are in a joint property state, if both spouses are liable for a majority of the debts, or if you are contemplating a divorce, it is probably wise to file jointly so both individuals will be discharged of that debt. Conversely, if there is substantial debt in one party's name or if one party would significantly affect the eligibility of filing, you may want to investigate filing individually. One note, when a married individual files separately, both party's income is utilized for the purposes of the Chapter 7 Means Test.
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