Legal Question in Family Law in California

Divorce In California

My Husband and I have been separated for 2 years, over the last 2 years he has acquired many debts that had nothing to do with me. He is now unemployed and unable to afford all of his bills and going to stop paying on his trailer, harley, dirt bike, etc. How can I file for divorce and NOT be responsible for every debt that he acquired while we were separated.


Asked on 7/01/09, 10:43 pm

1 Answer from Attorneys

Colin Greene Russakow, Greene & Tan, LLP

Re: Divorce In California

The simple answer is, file for divorce, put in the paperwork that you separated some 2 years ago, and have the debts confirmed to him as his separate property obligations. That is what usually happens. However, if his debts were incurred for the "necessaries of life," meaning basic needs, you could have some obligation imposed upon you, although such an argument exists legally and I have never seen it imposed by a judge.

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Answered on 7/01/09, 11:23 pm


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