Legal Question in Family Law in Minnesota

Marriage certificate legal description

Hi,

I have two questions.

I have a question about what to put in the petition for where I was married. I was married on an island in the middle of a lake. The marriage certificate says �at Bald Eagle Island,Lake Kabetogama in said county�. Is that what I put for the city or do I put the closest city?

What does this mean?

Ordering that each party is solely responsible for paying any other debts incurred solely by him or her and ordering each party to hold the other harmless from any responsibility for such separately incurred debts.

Does that cover before, during, or after the divorce? If it does not cover before and during what should I add to the petition? The divorce is going the marriage termination agreement route. I am trying to make sure to cover any holes if possible.

Thanks,

Cory


Asked on 11/25/06, 10:36 am

1 Answer from Attorneys

Re: Marriage certificate legal description

In the petition, state the place of marriage (Bald Eagle Island) and the county where the marriage took place.

Regarding debts, it is generally best to specifically itemize each known debt so there is no confusion or room for argument about who is going to be responsible for them. After listing each known debt, you could then state that all other debts are the sole responsibility of the party incurring them.

The assignment of debts in a divorce only affects the parties to the proceeding; it doesn't change the rights of third-parties, such as creditors. A creditor can seek to enforce a joint debt against either spouse after the divorce even though the divorce decree says the debt is the sole responsibility of only one of the parties. The "hold harmless" language means that if the divorce assigns a debt to one party, but the other party pays it (or is proceeded against by the creditor), then the party who pays it has a right to reimbursement from the other party.

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Answered on 11/27/06, 10:33 am


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