If you're married, your spouse does not always have to file with you. Typically, what I'm looking at when I'm representing a married couple and answering this question is, "How are the debts situated?" Meaning, are they joint debt? Does only one spouse have the debt? If it's joint debt, it may make sense to file jointly. If only one spouse has debt, then maybe only one spouse files. There are other considerations to take into account, so of course, it's a good idea to discuss that with a qualified attorney.