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: Sam Hasler's Indiana Divorce & Family Law BlogUnpaid Marital Debts - After the Divorce
By now the only solution is citing the former spouse for contempt. Hopefully, you know the former spouse's location and that they are employed.
Always consider the other spouse's ability to pay the debts that you want them to pay. Just because the divorce decree says the other spouse is to pay the debt does not mean that they will or that the creditor will leave you alone.
Full post as published by Sam Hasler's Indiana Divorce & Family Law Blog on May 05, 2008 (boomark / email).
Mahoney: "The Equitable Distribution of Marital Debts"
Margaret Mahoney (Univ. of Pittsburgh School of Law) has posted "The Equitable Distribution of Marital Debts" (79 UMKC L. Rev. 445 (2010)) on SSRN. Here is the abstract: The settlement of a couple?s financial affairs at the time of divorce....
Debts Can Be Marital Even If Incurred After You Separate
Question: Can I be held responsible for debts incurred by my spouse after he moved out? He has been using an open line of credit, and I am concerned as to what problems could arise...
RI Pre-Marital Assets - Your Divorce, Your Assets . . . or Are they
In a Rhode Island Divorce proceeding, you do not have the luxury of claiming any asset is "pre-marital" and then doing whatever you want to with it. Until your RI Divorce Judge determines that an asset is "pre-marital", you must...
Will My Ex-Spouse Have to Pay the Debts Discharged in My Bankruptcy
If you file bankruptcy, you might be concerned about listing debts included in your divorce decree. Perhaps the divorce decree assigned certain debts to you, and you are worried that the creditors might ask your ex-spouse to pay the debts if you do not...
Allison v. Allison, Marital/Nonmarital Propert And Debts, Attorney Fees
ALLISON V. ALLISON DIVORCE: MARITAL/NONMARITAL CHARACTERIZATION OF PROPERTY AND DEBTS; ATTORNEY FEES 2006-CA-001967. PUBLISHED: AFFIRMING IN PART AND VACATING IN PART AND REMANDING PANEL: BUCKINGHAM, PRESIDING; THOMPSON AND HENRY CONCUR COUNTY: FAYETTE DATE RENDERED: 02/15/2008 Ex-Husband appealed from TC?s orders relating to marital/nonmarital nature of his family's business, the marital/nonmarital nature of a $66,714 debt allegedly owed by Ex-Wife to her mother, and the award of attorney and expert witness fees...
How Marital Debts Are Divided
Question: The mortgage for my home is listed in the names of both me and my wife. She has a job, and we are living apart and going to get divorced. Can I ask her to pay one-half of the debts and expenses on teh house now? Many of our expenses are a result of our separation and her previously losing her job? Answer: In an action for legal separation or divorce, the Court will divide the marital assets and debts between the two of you in an equitable manner...
Planning and Preparing for One Spouses Buyout of the Other Spouses Net Equity Interest in a Marital Home
Own a marital home and going through a divorce? Then what will happen to that marital home has to be resolved in the divorce. One outcome is for the parent with whom the children reside most of the time to remain in the marital home...
Rhode Island Divorce Attorney - Dealing with Credit Card Debts
Credit cards are often one of the most consistent types of debts that is dealt with in Rhode Island Divorce case. Credit cards can pose their own divorce difficulties. Some years back, at the beginning of my divorce practice, I thought that credit cards would create the same issues as any other debts...
Premarital Assets in a Rhode Island Divorce
How does my Rhode Island Divorce Judge determine if something is a pre-marital asset and why is that important? It is perhaps easiest to answer your second question first. The nature or type of asset that is presented for the judge's consideration is important...
Rhode Island Divorce Attorney | Do you want to save yourself $800 to $3,000 on your Rhode Island divorce
I've previously written Rhode Island Divorce articles about civility and trying to work with your spouse to resolve your issues. What I didn't mention in those other divorce articles is that by remaining civil, holding your temper and keeping a cool head is that it can save you a hefty sum of money...
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