Legal Question in Family Law in South Carolina
Divorce Property Settlement
We have been married for 6 years and are now seeking a divorce. I came to the marriage with a car worth $10K and do debt. My husband came with no assets and $15K debt. We own a home and three cars. I work full-time and my husband is a full-time med student. He wants me to assume half of our credit card debt, and half of the part of his student loans that he says were used for joint living expenses. We are thinking that we can use one attorney, but I feel that I am too vulnerable and need my own attorney. Can you tell me what would be a fair settlement regarding the dividing of our CC and student loan debt?
1 Answer from Attorneys
Re: Divorce Property Settlement
First of all, attorneys in SC can only represent ONE party in Family Court matters. Therefore, it is not possible for the two of you to use the same attorney. If he has a lawyer and you don't, you will most likely get taken advantage of and fare much more poorly than you should.
With regard to the debt distribution, the Court will need to look at the purposes for which the debts were used. Educational loans are typically considered not to be marital, but if part of the proceeds were used for living expenses, then they may be partially marital.
However, there are many more issues at play here, and you need to protect yourself. These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens
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