Legal Question in Family Law in Illinois
Family and Law
When a marriage on the verge of a
separation what are the legal
responsibilities to joint financial
obligations? And how does one protect
one's credit in the process?
2 Answers from Attorneys
Re: Family and Law
Until you are divorced, you are jointly responsible for any joint financial obligations. Meaning, if your spouse takes the credit card with both names on it and spends $25,000, you are both responsible.
When you divorce, the court can order certain debts assigned to only one spouse (like taking someone's name off of the mortgage). If you are on the verge of separation you should set aside any fighting about who gets what in the future and try to come up with a temporary plan. This might include deciding how the mortgage will be paid, canceling joint credit cards or speaking to an attorney.
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Re: Family and Law
If your name is on a financial obligation, you are responsible for it, regardless of what is happening in your personal life. Many people see their credit damaged as a result of divorce. If you can get your name off of joint debts, that is good. If not, then you may be stuck with it.