Legal Question in Family Law in California
my wife left me 1week before our 1 year anniversary, not even a month went by she has her own apartment and her x lives with her . I only knew her a week before we were married ,during the time we were she started to sign up for a student loan she had me sign the papers at the time she seemed happy with me.she says that she started the divorce process online and she is waiting for a free waiver to go thru so it dont cost us anything ,im unemployed at the time and she is a surgical tech making $30 per hour paying for a nice apartment is there anyway that the court system make her pay for the divorce too speed things up? also she says that she never got the student loan but i think she mite be lying am i still liable to pay even thou she left me?
2 Answers from Attorneys
You only knew her a week before you married her? This was poor judgment on your part. No, let me take that back. It wasn't just poor judgment. You win the grand prize for being the biggest frickin' idiot I've ever encountered on LawGuru, and that's saying a lot. And she stuck you with a student loan? She's already spent the money on her BF.
You are going to have to contest the debt on the loan with the court. With that said, the fact that you guaranteed the loan is a big problem, because you are still on the hook with the lender.
If she has income and you are unemployed, you should be able to get the court to order her to pay your attorney's fees. If you are doing summary dissolution, you need to make sure your MSA is clear that she is solely obligated to pay back the loan, but again, you are going to have problems with the lender.
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