Legal Question in Family Law in California
In order to prevent any further financial liabilities, prior to officially filing divorce papers, does running an ad in the newspaper stating that we are separating and are taking responsibility for our own debts only cover it?
2 Answers from Attorneys
Nope. Community property law says debts incurred during the marriage are community debts. You cannot change the law by running an advertisment. The Summons - Family Law includes restraining order against incurring any new debts except in the usual course of business or for the necessities of life. That restraining order becomes effective on the petitioner when the papers are filed and the summons issued. It becomes effective on the respondent as soon as the summons is served. THAT is how you prevent further financial liabilities.
I agree with Mr. McCormick.