Should I divorce or separate from my husband to avoid debt? 6 Answers as of December 29, 2011
I am married and my husband has not worked in 5 years and just recently in April of 2011 he got a part-time job working only 2 to 3 days a week and earning $8.00 and have not provide with the household. I have cancelled all duplicate credit cards that was in my name approximately 5 years ago so that he would not be able to build up a debt. I just received a call from a credit card company and they claimed that my husband has a credit credit card with them in which I had no knowledge and now he owes $6,014.00. I am having a very hard time trying to figure out the best way to separate his stupidity so that I will not be responsible for his actions. We have a home in both our names and I am afraid if the credit card company decides to put a lien on the house, it would affect me tremendously. I have been contemplating for the last 5 years on a divorce, or separation. I do not want him to get my pension as I have worked so hard for the last 46 years. I was actually in for a big surprise after we were married as he had a student loan of $15,000 that I was not aware of. This debt has been paid and I do not want to go through another ordeal. Please let me know the best options to take divorce or separation?Free Case Evaluation by a Local Lawyer!
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Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If you want to be totally out of your marriage (i.e., to live your life separate and apart from your husband, and available to re-marry somebody else if and when that becomes an option), file for a dissolution of marriage (a divorce). A legal separation is the same as a divorce (i.e., community assets and debts are divided, support is ordered, etc.), except that you remain married to your husband. If you were to file for a legal separation, your husband could respond with a request that the Court dissolve the marriage. I see no reason for you to file for a legal separation unless you have a religious compunction against divorce.
Answer Applies to: California
Replied: 12/29/2011
Law Offices of Arlene D. Kock | Arlene D. Kock
A divorce terminates your marriage while a legal separation does not. Both legal actions will divide your assets and debts.
Answer Applies to: California
Replied: 12/27/2011
Diefer Law Group, P.C. | Abel Fernandez
A separation can help protect you from the debts of your spouse.
Answer Applies to: California
Replied: 12/27/2011
Law Office of L. Paul Zahn | Paul Zahn
You are, unfortunately, faced with several issues here. First, in California, all debt incurred during the marriage (with a few exceptions) is community property debt. As such, generally, you will be equally liable for all credit card debt, even if you didn't know about the card. The family law court can award it to him, but the credit card company doesn't have to honor that if you are both legally responsible for the debt. If you wish to avoid further financial entanglements, then a legal separation or divorce is the only way to do that. Your case may also warrant a bankruptcy filing to put you on more stable ground moving forward.
Answer Applies to: California
Replied: 12/27/2011
Peyton and Associates | Barbara Peyton
Each spouse is technically liable for the debts of the other for "necessaries" during the marriage. Necessaries include food, clothing, housing, medical care and sometimes transportation. A legal separation order has the effect on creditors to leave you still married. Best approach to avoid the other party's debt is dissolution of marriage
Answer Applies to: California
Replied: 12/27/2011
Law Offices of Christina Shaffer | Christina Shaffer
Filing for a legal separation or divorce with provide the date of separation. Debts he acquired post date of separation are presumably assigned to him. Most Debt acquired during marriage and before the date of separation is presumed community debt and divided equally.
Answer Applies to: California
Replied: 12/27/2011
