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  1. #1
    Join Date
    May 2011
    Posts
    7

    Angry Divorce and Debt

    My question involves a marriage in the state of: Maine

    I have been trying to divorce my partner for the past year. I know I can just file paperwork but I am trying to do it civil and easiest on the kids. So currently, yes we are still married and live together. I used to do all the bookkeeping for us but they decided they wanted to do it a few years ago so instead of causing a fight, I just let them do it. However, my partner just confessed last night that we owe $40,000 in credit card debt on cards I didn't even know about ... !!!! I have NEVER had debt before! I have worked very hard my whole life to build up good credit and now this? I'm P*SSED! Even more p*ssed that they "hid" this from me until it got THIS bad! Now I'm probably going to force the divorce - I want absolutely NOTHING to do with her and I can't even begin to think how to get rid of all this debt when they can't control their spending.

    What happens with all this debt? Does it get split evenly or does the debt that goes to cards in their name stay with them and my debt stays with me? I can't even describe how farking p*ssed I am.

    Another question, if they fight for child support (we both make good enough money that neither NEEDS child support to help with the kids), can I use this "hidden" debt factor?

  2. #2
    Join Date
    Sep 2005
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    98,846

    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.

  3. #3
    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!

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Divorce and Debt

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

  5. #5
    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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