Monday, February 14, 2011

Myths About Divorce Decrees

Creditors aren't interested in how property and bills are divided during divorce. If you have debt in joint accounts with your spouse, you are both responsible for paying it back, no matter what the divorce decrees says.

Creditors are not legally bound to abide by your final decree of divorce. A judge's order does not override what you owe your creditors and most attorneys don't alert their clients to the potential for problems if one spouse does not follow the court order. If one can't pay, the other is responsible. A court cannot overturn contracts between individuals unless they are fraudulent or not lawful. A divorce does not fit either of these definitions, so the contract remains in tact until the contract ends (when the debt is paid off).
I can't tell you how many individuals have been unpleasantly surprised to find out years later that their credit was damaged because the ex spouse that was supposed to pay the bills did not. DON'T FORGET TO DIVORCE YOUR SPOUSE FINANCIALLY!

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