Legal Question in Family Law in New York
Hi my brother has been married with wife who suffered from shopperholic. She filed the bunkrupsy before and my brother knew about it but my brother was told by her the reason for bunkrupsy is not her and it is her ex husband. He is considering getting divorced. The huge debt has been found recently and my brother didnt know about it for long time...the wife works and she makes good money so as my brother. When my brother talk with one of the divorce lawyer, he has been told that my brother has to pay half debt of her as he is her husband. His wife is saying that she is going to take care of it herself. Is there anyway to avoid my brother to pay her debt? Also there is two children between them. How can my brother get 100% custody for children?
Please advise.
2 Answers from Attorneys
Your brother may be responsible for any debts that are considered "marital." Marital debts are typically those debts incurred during the marriage that resulted from the purchase of marital property, or which benefited both parties (joint vacations, etc.). On the other hand debts incurred by one party for items that benefited only one party may not be considered marital debt. There are, of course, exceptions to this, so your brother should consult with an attorney.
With respect to custody, here too your brother should consult with an attorney. There are many, many factors that need to be reviewed.
Please feel free to have your brother contact me for a free initial consultation (212) 786-7539.
It's basically all bad news for your brother.
1. Her debt is marital debt and generally belongs to both of them. However, if she agrees in a stipulation to pay it all herself, then great.
2. It will be very difficult for him to get custody absent a showing that she is an unfit mother.
Call if you need more info. 212-913-9907. www.NYCDivorceCenter.com
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