Quick, Cheap, Divorce

Married couples that get divorced have many issues to sort out.  One of those issues is how debts will be divided.  Regardless of whether soon to be ex-spouses decide to work together or have a court decide, debts must be divided in order for the divorce to be finalized.

Typically, only marital debts will be divided in a divorce settlement.  These debts usually include any joint expenditures that married couples make, including:

• Automobile expenses
• Home loan and mortgage expenses
• Credit card debts
• Loan payments
• Other joint expenses

In many cases, these debts will be divided equally, though they may also be divided according to each spouse's expected income after the divorce.  Regardless of how these debts are split, it is important to note that pre-marital debts are not included in settlements in most cases.

Pre-marital debts include any expenses incurred before two people get married.  Common pre-marital debts include:

• Automobile loans
• Student loans
• Child support and alimony

Since these debts are incurred before marriage, they are usually not split in a divorce settlement.  It is important to note, however, that some marital expenses may also be exempt from debt division.  Typically, these debts are ones that one spouse made without the knowledge of the other.

It is also important to note that the divorce settlement does not transfer debts into one spouse's name or the other.  As such, spouses who fail to pay their part of the agreement may pass their debts on to their ex-spouses, who the collection agency will see as responsible for the debts.

To help safeguard yourself from undue debts and for help with the divorce process, discuss your case with an experienced Orlando divorce attorney of the Schlegel Law Group today to learn more about your legal rights and options.

James Witherspoon