When filing for uncontested divorce in NYS, all debt is divided in half. How soon it has to be paid by spouse after filing?
Question:
I have 2 credit cards what my husband used and almost maxed out. My understanding that when divorce is filed all assets and debt is divided between us. How soon would Court make my husband to pay half of the debt? Is there a time limit?
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Answer:
It depends. If the credit cards are in just your name, you will be responsible as between you and the credit card company, whether your husband pays you or not. If there are assets that could offset that debt, such as bank accounts or other liquid assets, a court might award you those. If there is no other option for equalizing assets and/or debt than to have your spouse pay you, then the court will order your spouse to pay you.
Are you going through an uncontested divorce and want to know when you must have your marital debts paid off? Let one of our dedicated Divorce Lawyers in Saratoga guide you through the process.
This legal question was provided by Avvo and answered by Jean Mahserjian, an experienced Saratoga Divorce Lawyer in Clifton Park. This does not consent an attorney client
