Does my spouse have to file with me?

No. However, both spouses' income and expense information may be relevant to your case. In addition, because Wisconsin is a community property state, all of the debt incurred during the marriage is owed by both spouses equally. If only one spouse files, the other is not protected by the discharge, and the creditor may be able to go after the assets or property of the non-filing spouse. As such, filing jointly may offer certain advantages including protection for both spouses as well as the ability to claim a larger amount for the homestead exemption. At Muter Law Office, we can advise you on the best means to proceed. Contact us today.