What is Breakups Divorce

Divorce or dissolution of marriage is the ending of a marriage before the death of either spouse. The main causes of divorce in 2004, according to a recent study, were extra-marita...

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My wife is cheating -we have reached the point that I am planning to file for divorce. We have a lot of credit card debt that is in both our names--what will happen to this? Will the court divide it? Since it is in both our names, what if she doesn't pay her part, will that affect my credit?
Posted on 07/21/08, 11:07 am
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Reply #1 - 07/21/08  11:11am
" Yes you can divide it. Once her half is in her name, it no longer becomes your responsibility.

Have you considered bankruptcy? "
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Reply #2 - 07/21/08  11:13am
" We are not behind and I am can pay my half. I doubt I could get a bankruptcy. "
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Reply #3 - 07/21/08  11:14am
" mine is suppose to take all our debt close to 50k, course he said that in the beginning and told my lawyer that..have in writing in his first stupid ass low offer..but since hes lawyered up so now i dont know if he still plans on it or not..
so i (do this if you can) went online and changed everything to his address and the whores phone number..if they dont pay they get the creditors calling them "
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Reply #4 - 07/21/08  11:18am
" This could depend on the State laws, but generally the debt is split 50/50. Whatever credit card debt she takes be sure to have your name removed from the account. Your lawyer should be able to help with that. Also, have her name removed from the accounts that you are paying off. That way she can't charge anything else to them. Good luck. "
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Reply #5 - 07/21/08  11:27am
" In my state you are given paperwork from the court that states the even though the court may have assigned debt to one spouse, if that spouse does not pay for it, the creditors can come after you. If that happens you will have to pay it and then take her back to court to be reimbursed. "
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Reply #6 - 07/21/08  11:28am
" Does that fact that she is cheating mean anything? Could that cause the debt to be divided differently?---say 60/40 or 75/25? "
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Reply #7 - 07/21/08  11:42am
" The court will decide who pays what portion. It is supposed to be based on income, but in my case it was based on the fact that he had accumulated over $120,000 in credit card debt about 15 years before, so he was told to pay it all. And yes, her not paying it will destroy your credit - just take a look at mine credit report. He pays what and when he wants and I suffer. "
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Reply #8 - 07/21/08  11:45am
" My stbx and I separated our debt and we don't have any joint cards. "
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Reply #9 - 07/21/08  12:11pm
" In my case, if he doesnt pay then I have to and then sue him personally for what he hasnt paid. They usually divide it right down the middle unless you can prove why it shouldnt. "
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Reply #10 - 07/21/08  12:59pm
" OMG you guys....multiples of thousands of debt???!!! I have 3K hanging over my head and I'm a basket case about it! How do you cope with so much? Rather how did you accumulate so much??!!!

Im in awe. "
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