QUESTION
Is a person financially liable if they have initiated a divorce?
Asked on Aug 06th, 2015 on Divorce - Wisconsin
More details to this question:
What are the financial liabilities that come with initiating a divorce? If someone chooses to divorce their spouse, they should be held responsible, especially if they walk away from payments. Is the person who started the divorce responsible for keeping their financial obligations they made when married?
5 ANSWERS
Filing for divorce does not make you more "financially liable." A party can file and can still force the other party to pay attorneys fees under Family Code section 2030.
Answered on Aug 10th, 2015 at 3:31 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Maybe. Ordinarily the only payment that falls on the Petitioner is the court filing fee and the cost of service of process. Other obligations are decided near the beginning of a case by a Temporary Orderand you can seek one now if you have not previously. But I strongly suggest you take a constructive attitude and if possible, urge your husband to do the same. Too many couples waste their money, and embitter their lives, in needless court disputes.
Answered on Aug 06th, 2015 at 5:05 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You clearly need to counsel with an attorney, in the event of a divorce the assets and liabilities of the marriage are split between the parties.
Answered on Aug 06th, 2015 at 5:01 PM
The divorce judge must divide the marital property and must assign responsibility for the marital debts. The judge cannot change the rights of a creditor, since the creditor is not a party to the divorce, but the judge can order one party to pay a debt and hold the other party harmless from that debt. It is irrelevant which party starts the divorce.
Answered on Aug 06th, 2015 at 4:25 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Both parties are still responsible for joint bills.
Answered on Aug 06th, 2015 at 4:07 PM