If I am legally married to a same-sex partner, can we file a joint bankruptcy petition together?

Yes, a same sex couple that is legally married can file a joint bankruptcy petition.

This is true as of June 26, 2013, the date of the U.S. Supreme Court’s decision in Windsor v. United States, which struck down Section 3 of the Defense of Marriage Act (DOMA).

However, you must be legally married. If you are not, you cannot file a joint bankruptcy petition.

J Thomas Black
Board Certified, Consumer Bankruptcy Law- Texas Board of Legal Specialization