An issue that commonly arises in divorce cases is how the two spouses will split responsibility for debts accumulated during the marriage. Debt, like property, can be divided into separate debts and marital debts. The classification of a given debt will determine who is responsible for paying it.
In general, each spouse must pay off his or her separate debt, while both spouses will share some responsibility for shared debts. The amount of that responsibility is left to the discretion of the judge overseeing the division of assets and debts. It is important to understand that the order the divorce court issues only affects the spouses. This order has no impact on creditors, who may choose to come after one spouse for payment if the other fails to meet his or her responsibilities in repaying the debt. Therefore, if you end up forced to pay a debt for which your ex-spouse was responsible, you may to go back to court and ask to be reimbursed or seek a judgment against your former spouse. This may involve wage garnishment. If the spouse who was supposed to pay opts to declare bankruptcy, you could be forced to do the same, depending on your financial situation. Some Advantages of Settling Your Divorce through MediationAlthough mediation is not right for every divorcing couple, it does offer several advantages over traditional, adversarial divorces. The following are five benefits of settling your divorce through mediation:
Free Consultation with Divorce Lawyer in UtahIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.
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About MeIn 2009 I was creating marketing channels for barbie dolls in Nigeria. Spent a weekend implementing dogmas in Naples, FL. Won several awards for writing about toy trucks in Mexico. Spent 2001-2007 analyzing deodorant in Pensacola, FL. Spent 2001-2004 researching heroin in Miami, FL. Enthusiastic about writing about clip-on ties in Naples, FL. Archives
June 2019
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