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  1. #1
    Join Date
    Sep 2005
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    Default Re: Divorce and Debt

    The question of what happens with the debt depends in part upon whether its exclusively in your spouse's name or if it's joint debt (if your partner signed your name to loan applications, that raises some additional potential issues) and what the money was used for. If the money was used to support the household, even if you were not aware that it was borrowed you enjoyed the benefit of the money. If, on the other hand, your partner was secretly borrowing money to support a drug or gambling habit, you have a decent case for arguing that the loans were secret, did not help (and perhaps harmed) the family's ability to support itself, and that you should not be responsible for the debt.

    If these debts are in your name, you should explore removing your name from them. If your partner defaults on the debt you don't want the credit card companies to be able to pursue you.

    The question of child support is separate from the division of marital debts and assets. Most states require judges to follow the formula, absent the court's finding that the case fits a narrowly defined reason for departure.

  2. #2
    Join Date
    May 2011
    Posts
    7

    Default Re: Divorce and Debt

    Quote Quoting Mr. Knowitall
    View Post
    The question of what happens with the debt depends in part upon whether its exclusively in your spouse's name or if it's joint debt (if your partner signed your name to loan applications, that raises some additional potential issues) and what the money was used for.
    1 card in mine only, 1 card in theirs only, and 2 in both names. It seems like the most of the debt is in regards to the house. But this debt has now harmed our living in this house. If I had known about this before it because a huge debt then I could have done something about it. Now I feel like I'm up against a wall in all directions!

    Is there ANYTHING I can do? I have lost all hope of divorce now and am now more miserable than ever. There's no way I can afford this debt on-top of a new place to live (if we could even sell our current place, damn economy) and then if they hit me with child support? Absolutely forget it. I can't stand the fact of being stuck with them the rest of my life because of money!

  3. #3
    Join Date
    Sep 2005
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    Default Re: Divorce and Debt

    You should discuss the details of your situation with your divorce lawyer.

  4. #4
    Join Date
    May 2011
    Posts
    7

    Default Re: Divorce and Debt

    I haven't gone to a lawyer yet because if my partner found out I saw a lawyer they'd get nasty. Plus at this point I can't afford a lawyer unless they were close to free

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