Legal Question in Family Law in Missouri

Re: Who pays for what in a divorce

An attorney can not provide competent legal advise in response to your question without a great deal of additional information, and even with that information, the attorney should be communicating with your daughter since it would involve her legal rights and obligations. I would strongly advise your daughter to hire the best attorney she can afford who is experienced in domestic law and practices regularly in the jurisdiction in which the divorce will take place. Generally speaking, the law in Missouri is now treating the debts of the parties, at least the marital debts, as a subject which must be dealt with in the dissolution proceedings. There are actually several ways in which the debts are considered. Often, the parties themselves, with the help of their attorneys, can agree on how the debts are to be handled. I would suggest to you that the divorce court does not usually have jurisdiction over the creditors themselves since they are not parties to the divorce case. So, the court can not make any Order that would substantially effect the rights of the creditors. For example, your daughter will not be protected from collection efforts by any creditor if the husband is ordered to pay the debt (if she is liable on the debt in the first place) and the husband does not pay it as ordered. It is often a good idea to have the party who is going to keep the house refinance the debt so that the other party's name is removed form that debt. However, as I said, your daughter should consult with an attorney to obtain legal advice on her particular circumstances. I practice in the counties surrounding St. Louis and I have handled hundreds of divorce cases over the twenty-five years I have been practicing. If your daughter is located in my area she may call me for a free telephone consultation at 314-727-2822. I would be happy to help her.