Same Sex Married Couples and Bankruptcy

The Defense of Marriage Act (DOMA) defines the word "spouse" in federal law to only include a person of the opposite sex. DOMA has been previously cited to preclude same sex married couples from jointly filing bankruptcy. Jointly filing for bankruptcy is less expensive and increases the chances that you will qualify for bankruptcy. A February 23, 2011 order from President Barack Obama prevents the Department of Justice from enforcing DOMA and may allow same sex married couples to jointly file for bankruptcy. If you and your same sex partner are legally married and otherwise qualify, you can most likely jointly file for bankruptcy in Minnesota. For more information, contact me for a free, no obligation consultation.