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?


Asked on 11/25/08, 4:54 pm

2 Answers from Attorneys

Motty Stone Law Offices of Motty Stone

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.

Please feel free to give us a call if you want to talk.

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Answered on 11/25/08, 6:19 pm
John Steele Steele Law Firm

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.

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Answered on 11/26/08, 12:20 am


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