Legal Question in Family Law in Utah

Help my husband is trying to make me responsible for his debts

I have been separated from my husband for 6 years and now he is filing for divorce. He tried sending them to an address I was at but I never recieved them. i finally called him after 6 years and he said it would be an easy divorce. I just recieved the petition for divorce today and in it he is trying to make me responsible for 2 of the debts he incurred. One is for a financial services the other is for his Uncle that helped him consolidate bills after I left my husband.

Also he is trying to get part of my 401 k Plan that I had from a previous job at the time I left him. I didnt even know I had a 401k plan still.

Also I noticed on the divorce papers that his brother- in law is the notarary!!! Can he do this and what can I do ? lease help i only have 30 days to send a written statement back to the judge.


Asked on 3/14/03, 1:16 pm

2 Answers from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Help my husband is trying to make me responsible for his debts

You (or your attorney)must file an answer or your husband will get all that he wants. Your answer should deny all of the allegations with which you disagree, plus state what you want. You should have an attorney help you. The court will divide you and your husband's assets at the time of separation in a fair manner. Generally these things are settled without a trial. Please call for a free consultation, if you wish.

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Answered on 3/15/03, 11:21 am
Edward Stone The Stone Law Firm

Re: Help my husband is trying to make me responsible for his debts

So, did he file in the state of Texas, or the state of Utah? If he lives in Texas, and you live in Utah and he filed in Texas, you may have claim for lack of personal jurisdiction. If he filed in Utah and served you in Utah, then you only have 20 days to respond. If he lives in Utah and you live in Texas, and he filed in Utah, then you indeed have 30 days from the date of service to file a responsive pleading, but you may have a personal jurisdiction defense in the state of Utah, depending on the facts of the case.

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Answered on 3/14/03, 1:28 pm


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