QUESTION

My wife has been served with divorce papers a week ago does this automatically mean we are separated?

Asked on Apr 15th, 2013 on Divorce - California
More details to this question:
She has stopped paying on her own personal credit cards and now they are calling the house asking for her, she hasn't made payments in over two months. Am I going to be responsible for those? We had a line of credit on our house. I had it paid down and just found out in January she has maxed it out again. She ordered a debit card for her only and ran it to the max. As she has with our Costco card, and two other credit cards. All these charges are for her drinking and gambling problem. She drive a car that the loan is in both our names, drinks and drives, hides booze and pills in the trunk. I'm so worried she's going to hurt someone. What do I do? She has a job and has been offered a higher paying position but will not accept anything that is offered to her. She tells me that she will not make the car payment because she wants to ruin my credit. Help.
Report Abuse

4 ANSWERS

For all community debts you are jointly responsible. You need to notify all credit cards that you are separated and have the accounts closed where possible. You should consider taking back the car. You should consult a family law attorney to review all of the facts and advise you.
Answered on Apr 18th, 2013 at 8:35 PM

Report Abuse
Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
Update Your Profile
Talk with your attorney. He or she is the best person to help you.
Answered on Apr 18th, 2013 at 8:22 PM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
You are at war, get and attorney and some temporary orders to stop the foolishness. You NEED an attorney, call my office.
Answered on Apr 18th, 2013 at 2:01 AM

Report Abuse
Family Law Attorney serving Temecula, CA at Landon Rainwater Robinson LLP
Update Your Profile
Look at the summons which should have been served with the Petition. The summons contain Automatic Temporary Restraining Orders that provide the following: (1)Restraining both parties from removing the minor child or children of the parties, if any, from the state without the prior written consent of the other party or an order of the court. (2)Restraining both parties from transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or separate, without the written consent of the other party or an order of the court, except in the usual course of business or for the necessities of life, and requiring each party to notify the other party of any proposed extraordinary expenditures at least five business days before incurring those expenditures and to account to the court for all extraordinary expenditures made after service of the summons on that party. Notwithstanding the foregoing, nothing in the restraining order shall preclude a party from using community property, quasi-community property, or the party?s own separate property to pay reasonable attorney?s fees and costs in order to retain legal counsel in the proceeding. A party who uses community property or quasi-community property to pay his or her attorney?s retainer for fees and costs under this provision shall account to the community for the use of the property. A party who uses other property that is subsequently determined to be the separate property of the other party to pay his or her attorney?s retainer for fees and costs under this provision shall account to the other party for the use of the property. (3)Restraining both parties from cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability, held for the benefit of the parties and their child or children for whom support may be ordered. (4)Restraining both parties from creating a nonprobate transfer or modifying a nonprobate transfer in a manner that affects the disposition of property subject to the transfer, without the written consent of the other party or an order of the court. (b)Nothing in this section restrains any of the following: (1)Creation, modification, or revocation of a will. (2)Revocation of a nonprobate transfer, including a revocable trust, pursuant to the instrument, provided that notice of the change is filed and served on the other party before the change takes effect. (3)Elimination of a right of survivorship to property, provided that notice of the change is filed and served on the other party before the change takes effect. (4)Creation of an unfunded revocable or irrevocable trust. (5)Execution and filing of a disclaimer pursuant to Part 8 (commencing with Section 260) of Division 2 of the Probate Code. (c)In all actions filed on and after January 1, 1995, the summons shall contain the following notice: ?WARNING: California law provides that, for purposes of division of property upon dissolution of marriage or legal separation, property acquired by the parties during marriage in joint form is presumed to be community property. If either party to this action should die before the jointly held community property is divided, the language of how title is held in the deed (i.e., joint tenancy, tenants in common, or community property) will be controlling and not the community property presumption. You should consult your attorney if you want the community property presumption to be written into the recorded title to the property. (d) For the purposes of this section: (1) Nonprobate transfer? Means an instrument, other than a will, that makes a transfer of property on death, including a revocable trust, pay on death account in a financial institution, Totten trust, transfer on death registration of personal property, or other instrument of a type described in Section 5000 of the P
Answered on Apr 18th, 2013 at 12:10 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters