Domestic violence was a part of my family's life for years. When I made the decision to leave with my children, I had to rely on the law to provide the protection we needed. Sometimes, the system does not work as fast as we want. I soon learned that going at it alone without any guidance caused significant delays. I created this blog to help others who are seeking legal means to deal with an abusive ex. By making the right moves, it is possible to get the necessary protections in place so that you can also live a happier and healthier life.
When it comes to the divorce process, many people know that the shared marital assets are going to have to be divided, leading to arguments about who gets what. However, you need to realize that debts need to be divided as well. Here are some ways to figure out who will be responsible for the debt.
Go Through Litigation
If you have debts that you do not want to be stuck with, it may be in your best interest to go to trial. This is best if your spouse is not going to willingly take on a debt that you feel is rightfully theirs and you feel like a judge or jury is going to rule in your favor. While the cost of litigation to handle debts can be expensive, it can easily be cheaper than taking on half of a debt you do not want.
Negotiate With Your Spouse
Don't want to go through litigation? Then the next best step is to try to negotiate with your spouse. Take a look at all of your debts as a whole and try to figure out what would be fair between the two of you. For example, if your spouse makes twice as much money as you and there is a shared marital debt of a credit card bill, you may try to negotiate a split where you take a third of the debt and they take two-thirds of it.
Ask For More Community Property
If you will be taking on a shared debt between you and your spouse, you could also negotiate by asking for more community property. This is often the case when dealing with a mortgage. One person may keep the house but agree to pay off the rest of the debt that is owed on the house.
Pay Off As Much Debt As Possible
You can always try to pay off the debts before getting divorced. Of course, this is not always possible, but it will simplify the divorce process by paying off the debts with money from a joint bank account before it is split between you and your spouse. If you do not have the cash on hand, you may want to consider selling assets to pay off the debt. If you are selling your home, part of the proceeds could be used to pay off the remaining debt and then split the cash that remains afterward.
Contact a divorce attorney to learn more.Share