This is the wrong venue for this question. This is a question which initiates debate and discussion, and NOT one which can be answered with a definite response. Tens of thousands of hours of court argument have been expended on this question and, eut to the M-A-N-Y varying and differing relationships between husbands and wives, it will probably never be settled.
Whether you can eliminate a debt that resulted from a divorce decree will depend on the type of debt. If you owe child support or alimony from a divorce then you will not be able to eliminate the debt in bankruptcy. If the divorce assigned some debt to you as part of the divorce and it was not assigned as child support or alimony then you may be able to eliminate the debt in a Chapter 13 bankruptcy. Chapter 13 bankruptcy allows you to eliminate debt assigned to you that is in the nature of a property settlement and not child support or alimony.
You can file for divorce without a spouses signature. However, uncontested means that both parties have agreed on the terms of the property settlement and that the court does not need to make the award. For this, you will need a signed Settlement Agreement filed along with your Complaint for Divorce. You cannot do this without her signature.If she is missing, you may file for divorce, and if she is unable to be located within a certain amount of time, you may serve her by publication. After that, you would have a trial (without her) where the judge would order the divorce and distribute the assets and debt, and order custody/child support.If she is present and simply refuses to sign anything or agree to the terms you are offering, it is a standard contested divorce.Answeryes, but the wife has to be missing (or unable to be located) for a specific amount of time
If the debt was acquired during the divorce is could be taking into consideration.
Property and items would be sold off to pay for the debt almost all the time. Variation in income rarely has anything to do with it.
I am a military member. I got married to a South Korean citizen, in korea. She currently lives in Korea, she has a green card. We have no property, kids, or debt. What do i need to do in order to get a divorce.
Review the divorce decree. It typically specifies who is responsible for the debts of the couple. Their estate has to resolve the debt if it was assigned to them.
When you quitclaim a property you only change ownership of the property. You will still be responsible for the unpaid loan amount unless you went through a divorce and the courts order your ex repsonsible for the debt.
If the judgment lien was placed before the divorce and not paid or settled the property could not have been conveyed to another party regardless of the terms divorce decree. If the couple lived in a community property state the property lien is against both of them even though only one spouse incurred the debt and the awarding of the home in the divorce decree is irrelevant as to the validity of the judgment. Before the deed can be conveyed to the spouse who was awarded the property the judgment will have to be paid or settled according to the terms of the lien holder.
The responsibility for marital debt is determined in the divorce decree. Debt, property, maintenance, custody, disposition of assets -- all are open for discussion and negotiation, and should be resolved and included in the final paperwork.
No, but for the purposes of collecting on a specific debt, such a stipulation can be spelled out in the divorce decree. You will then have the legal empowerment to collect on the debt. It needs to be separate line item in the divorce. The type of debt needs to be indicated, alont with a specific dollar amount that needs to be collected. Your attorney can draft this into the divorce decree. == ==
You should be aware that a creditor is not generally bound by your divorce decree if the debt was incurred in your name. You should contact the attorney who represented you at the divorce if the creditor is pursuing you for payment.You should be aware that a creditor is not generally bound by your divorce decree if the debt was incurred in your name. You should contact the attorney who represented you at the divorce if the creditor is pursuing you for payment.You should be aware that a creditor is not generally bound by your divorce decree if the debt was incurred in your name. You should contact the attorney who represented you at the divorce if the creditor is pursuing you for payment.You should be aware that a creditor is not generally bound by your divorce decree if the debt was incurred in your name. You should contact the attorney who represented you at the divorce if the creditor is pursuing you for payment.
Yes, they do a great job on divorces that are mostly uncontested in terms of assets. In other words, if you don't want to blow a bunch of money on retaining an attorney to fight over a house or other property Family Solution's attorneys and divorce specialists can handle the family law and other aspects of your divorce and the necessary paperwork and save you lots of money. They did mine for $950 and I got physical custody of my kids and everything else worked out pretty much as I wanted. My ex and I figured out a way to split our belongings and debt on our own and Family Solution Centers handled the rest. I would definitely recommend them.