Legal Question in Family Law in Illinois
Divorce decree
If a divorce decree states that the respondent is solely responsible for all marital debt, can the creditors still go after the petitioner?
My divorce decree states and signed by the judge that the respondent is responsible for ALL maritial debt, and now the creditors are summons me to court saying that they don't accept divorce decrees. Is this true?
2 Answers from Attorneys
Re: Divorce decree
Yes. The creditors are not one of the parties that the judge has jurisdiction over. They clearly are not bound by the court order.
Re: Divorce decree
Yes, this happens all of the time. The creditors were not parties to the divoce case were they? The Judge in your divorce case can not effect their rights against you if you are legally liable on the debt. Hire an attorney!
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