She says we don't have anything in common or share the same interests...the reality, I have 2 Teens I've been raising alone since they were 3 & 6, to get to the point, she now hates my kids and our dog and she brought a lot of personal debt into our relationship which I tried to help her with! Can she try to STICK me with half of her debt? I really need everyone's help here. I have lived with less $$$, reduced tax returns,... and I just found out that she's been GIVING large sums of money to her 2 Kids! Am I being played and do I have any legal avenues to prevent being "stuck" w/o having to pay large Attorney fees???
2007-03-25 10:45:46 · 20 answers · asked by Any givin Sunday 1 in Family & Relationships ➔ Marriage & Divorce
If they are old debts in her maiden name no she can't make you help with them, only the ones you and her made together. Seems like you weren't watching where the money was going at times. The legal fees will be according to what has to be done in the divorce, if no one contested it or you two can come to some kind of agreement about property and so forth it shouldn't cost you more than $1000.00. Best thing to do is get divorced because she can rack up bills right now that you will also be responsible for. So if your positive there will be a divorce get you a lawyer and put an ad into your local paper stating your not responsible for her debts.
2007-03-25 10:53:51 · answer #1 · answered by Krinta 7 · 1⤊ 0⤋
You could get srewed here. First once you married her,her debts bacame marital debt unless there is a pre-nup and in divorce court it becomes equally divided among both. Hopefully you can be able to prove her large sums to her 2 kids which I take it are not the same as your two. You say alot of things that could be used against her in court but you will have to be able to prove any accusation and not by hearsay. You may be able to get along just fine with a Paralegal instead of an attorney to save you some money and theyre just as good as an atty. Theres always a chance you could get stuck with her attys fees. If there is a chance Id advise working out a settlement outside the court if you two can get alongwith each other. Good luck
2007-03-25 11:07:19 · answer #2 · answered by Arthur W 7 · 0⤊ 1⤋
Even though attorneys never helped me, I would say get an attorney in your case. So much of divorce law depends on the State. You need an attorney to show what debt she had before you were married. I hope "her" kids are not adopted or from you. I would make sure you do not owe child support for them as well. If you haven't already, post a notice in the paper that you are not responsible for her debts, move all your bank accounts to another bank, and write to any and all creditors as to your situation.
Good luck!! Below are a few resources, but remember it is by State law. Your best bet would be to do as much research and gathering of documentation before getting a lawyer to keep fees down, or find one who works on a sliding scale. Get references, and use the Free First visit provided by local referral assistance programs.
2007-03-25 11:00:12 · answer #3 · answered by nanlwart 5 · 0⤊ 0⤋
She can stick you with half of any debts that were assumed after your marriage to each other. All debts before your marriage should not be your responsibility, but you need a good lawyer to fight it. In a divorce, you're gonna have large attorney fees regardless. Unless she's willing to settle matters out of court.
2007-03-25 11:06:36 · answer #4 · answered by Mon 1 · 0⤊ 0⤋
I would hire an attorney. You will be liable for anything that has your name on it. Not just half they can come after you for the whole thing. :You need to get your name off it now!!! If they say they can not take your name off tell them to close the account and she will have to open her own. That will save you from future debt. There is just way to much to go over with you here. but make sure that everythings is seperate and if you have the house show you are makeing the payments save all paper work and get an attorney.
2007-03-25 10:54:16 · answer #5 · answered by Shelly t 6 · 1⤊ 0⤋
If it the debt was hers before the marraige, then it is hers. You tthe 2 of you accrued any debt together, you will be responsible for half. As for the kids, if you don't have kids TOGETHER, there will be no support issues. Her giving large sums of money to her kids may show that she is trying to hide it in someone elses name. She will have to show bank statements, so no worries there.
You DO need an attorney.
2007-03-25 10:53:16 · answer #6 · answered by Ginamcdee 3 · 1⤊ 0⤋
General rule is if that debt was incurred before the marriage.. NO its hers.. f it was incurred during the marriage.. its both of yours... Declare chapter 7 bankruptcy is thats the case and its a large debt.. (but dont put her on the chap 7... just do it for you.. that will force her to do her own Chap 7 or be responsible for said debt.. no sense in being nice about this eh?)
2007-03-25 11:04:02 · answer #7 · answered by darchangel_3 5 · 0⤊ 0⤋
She can "stick" you with all her debt, and there isn't anything you can do about it. Only after you file for divorce can her new debts (if drawn on your account or credit card without your permission) be "stuck" on just her. And if you have previously let her use the credit card or accounts (or she has used them previously and you have not filed a protest), you're still stuck. Cancel all accounts and re-issue them in your name only. Likewise, credit cards. You're still screwed, but only the government will keep on screwing a dead man. (You can't get out of paying your taxes, even if you go bankrupt; the government will only excuse your debts to OTHER people.)
2007-03-25 10:52:47 · answer #8 · answered by Yesugi 5 · 0⤊ 0⤋
If the debts were her's BEFORE the relationship,then NO. If she accumulated them AFTER the relationship,then YES. I would consult an Attorney IMMEDIATELY,and if she has taken YOUR money to give to HER kids,and it can be proven,SHE may have to PAY you BACK.......Good luck Also be sure she can NOT touch your money any longer,go talk to the Bank or whoever handles your Finances,but get her name OFF everything ASAP like last week.
2007-03-25 10:50:59 · answer #9 · answered by grbarnaba 4 · 0⤊ 0⤋
Depends on if you live in a community property state, or how the judge decides to divvy up the assests and debt...if you make substantially more than she does, you might get tagged with some of it.
Get you a good attorney and make sure s/he knows what debt of hers was incurred prior to your marriage...
2007-03-25 10:50:14 · answer #10 · answered by . 7 · 1⤊ 0⤋