Legal Question in Family Law in Massachusetts
Divorce with debt no kids
I need to know when i get my divorce, If the courts can make him pay 1/2 our debt without hiring an attorney, and how do I make sure if he'll pay. Will they garnish his wages if their are no kids involved?
1 Answer from Attorneys
Re: Divorce with debt no kids
Your joint debts are contracts, and the divorce court cannot make you not responsible for paying the full amount due if he fails to pay. Your only alternative is to file for bankruptcy.
The divorce court can order him to pay half, and to pay your attorney's fees and costs if he fails to do so, but the only thing the court can do if doesn't pay is hold him in contempt. Meanwhile the bills will not be paid by him, and your credit will be a disaster.
The creditors can sue one or both of you, and if they get judgments, can attach your wages. (Student loans can attach wages without going to court.)
If he can, get him to pay his half up front, not over time. (Loan, refinance mortgage.)
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