Legal Question in Family Law in California

Hello

I have filed for divorce from my wife of 13 years in October 2011. To this date she has not contested. We went to court together in January 2012 in which we were to file a default with an agreement through a work shop. She told me at this time that she had 21K in credit card debt that she incurred during our marriage therefore she felt that the debt that I did know about (about 10K), should be my responsibility. In return she would not come after me for half of the 21K she owed. Because we were married, I understand I may be responsible for half of this new debt. We have 2 children in which we split custody. She was the main income for the family (making 25K more than I each year.) I can not afford an attorney unless someone is willing to work with me. I am barely able to cover my bills and take care of my children. In addtion to the credit card debt (35K in total - 10K I know about + 20K she just revealed), I was left with the house which is now upside down in value. In the state of California, are there any options for me. I am mostly concern about the hidden debt. Thank you.


Asked on 1/27/12, 10:11 pm

1 Answer from Attorneys
Rhonda Ellifritz Law Offices of Rhonda Ellifritz

I don't think this case is one that should be done by default. It sounds as if she is trying to take advantage of you. Did she tell you this verbally, or is the 21K debt in her preliminary or final declaration of disclosure? Each debt is equally divided. If the house is upside down, that is a debt of the marriage you have taken on and should be considered when dividing the debts. As far as child support, she needs to pay guideline. If you need help regarding child support, open a case with the Department of Child Support Services. You can also call the local county bar association and see if they have a modest means program. You can also find more information at htttp://www.ellifritzlaw.com

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Answered on 1/29/12, 9:40 pm


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