Legal Question in Family Law in Massachusetts

My advice would be to hire an attorney to see if this uncontested divorce can be salvaged.

In connection with your divorce, you will need to prepare a comprehensive separation agreement that deals with all aspects of your assets, property, AND debt. Instead of filing suit, your spouse would have to agree to transfer you some portion of the total debt as part of your divorce, or agree to making routine payments as part of your divorce agreement.

If you fail to include your debt in any separation agreement, it could be argued after the fact that the parties intended that each party simply be responsible for her own debt.

Feel free to contact our office if you would like to retain an attorney.

I'd recommend at least to have an attorney draw up a separation agreement. This separation agreement would include language about her paying 1/2 of the debt. My office offer flat fee separation agreements should you chose that path. 617-329-9557.

Liabilities, like assets, may be part of the martial estate. Based on the facts stated in your example, it is likely that your spouse will be liable for a share of the debt.

As part of your uncontested divorce it is necessary to have a Separation Agreement that includes all the terms of your divorce.

Feel free to contact my office for a free consultation.