Can Gay and Lesbian Couples File Bankruptcy in Georgia?

Gay and lesbian couples in committed relationships cannot file for bankruptcy in the state of Georgia in the same way that married, conventional couples can. In fact, regardless of sexual orientation, unmarried couples cannot file a joint bankruptcy petition.

However, gay and lesbian couples can file individual petitions for bankruptcy, which can be just as advantageous as long as the bankruptcy attorney keeps the filer’s partner in mind.

For example, the Means Test (which is used to determine eligibility for Chapter 7 bankruptcy) must be calculated for each partner individually, just as it would be for two people who simply live together and share expenses. However, even though one partner’s salary can not be included as income when calculating the other partner’s means, the amount each partner supplies to the household per month can be listed on the other filer’s individual petition as a regular monthly contribution.

If you are considering filing for bankruptcy in Atlanta, Georgia, please contact the Law Offices of Charles Clapp at (404) 585-0040 or for a free initial consultation.