Legal Question in Family Law in California

Divorce and Debts Unpaid

I filed for divorce. My husband and I have community obligations in the form of two credit cards and a personal loan. My husband has not paid any of the debt we owe since we separated, and I�m making all our payments to protect my credit.

We qualify for a summary dissolution except for the debts. He doesn�t feel he owes this money and I believe he will ignore the debt even with a court order. He has the ability to make undeclared income and I�m nervous that attachment wouldn�t work because of this.

I would like to refile for a summary dissolution for the sake of a speedy resolution, but I don�t want to be stuck with our community obligations. However I am unsure if I would be stuck with community obligations even with the formal divorce.

Should I continue with a formal divorce, or just chalk up the debts as a loss and move forward with a summary dissolution?


Asked on 6/17/08, 1:12 pm

1 Answer from Attorneys
James Chau Law Offices James Chau

Re: Divorce and Debts Unpaid

If he refuses to pay for the debts your divorce may not be an uncontested matter. It may be more beneficial to file for a traditional divorce and have an attorney help you with the debts if they are significant.

As always, please consult an attorney in your area if you have further questions.

Law Offices of James Chau

181 Devine St.

San Jose, CA. 95110

http://www.JamesChauLaw.com

http://sanjosefamilylawyer.blogspot.com/

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Answered on 6/18/08, 1:00 am


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