Legal Question in Family Law in California
My soon to be ex husband and I live in CA and have done so for the entirety of our 21 year marriage. There is currently 84K in dept. While some of that is to cover my medical procedure and the kids dental there is was a 54K charge put on the cards 2 years ago. This was a straight donation to the church which I had no knowledge about. He response when I asked him why I was not consulted was "I wish your were there, maybe you could have stopped me." He has 11 credit cards, only one that I am "allowed" to use and has his own business (2 of the cards are business credit cards). My question is am I really going to be required to pay half of all debt or is this negotionable?
1 Answer from Attorneys
That is a lot of credit card debt. Considering the amount of credit card debt, you and your husband should consult with a bankruptcy attorney to determine if bankruptcy would be appropriate to help you with your debt. Typically the parties share the debt in a divorce, unless the debt was solely for a seperate purchase. You would need to argue that the debt was used for his personal purchases and not for the both of you. Its likely though that the business debt is both of yours since the income from the business is also both of yours. You take the good and the bad in a marriage.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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