Legal Question in Family Law in New York

"who is responsible for the debt"
My wife, using her married last name, applied for and received a Discover Card. The card is in her name only. When I first discovered she had the card I instructed her to cancel the card. A few months later I beat her to the mail and was shocked to find she had "maxed" the card out. Discover Card has told me I am not legally responsible for this debt incurred by her. Friends say any debt one spouse accumulates before being officially divorced,the other spouse is responsible to pay. What is the ruling on this issue??? How can I protect myself from being financially ruined?

Asked on 8/27/00, 9:39 pm

Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

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Re: Credit Cards and Divorce

I have bad news for you. Your wife is not required to take directions from you. She has as much right to max out her credit cards as you do.

Suggest you consider credit / marriage counseling.

If this does not work, then file for divorce and stop complaining. Assets and liabilities will be divded equitably as part of the divorce.

Hope this helps.

www.BravermanLawFirm.com

Answered on 11/25/00, 11:29 pm

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