The end of your marriage will mean a lot of overwhelming changes. You may have to move, change careers, and create a new budget to reflect the fact that you no longer have two incomes supporting one household, just to name a few. In many cases, the diyvorce will mean big financial adjustments for you and your spouse. You will need to decide how marital debt will be divided, and the final order will state who is responsible for paying which debt. It is possible that some or even all of the debts apportioned in the divorce will be in both your name and your spouse’s name. You should be certain that you understand which entities are actually bound by your divorce order.
In a divorce, only and your spouse are parties to the action. In other words, the two of you are the only ones who are required to abide by its terms. This can be important if, for example, your spouse has agreed to pay a debt that is in both of your names, but then fails to do so. If your spouse stops making payments, the creditor can sue you both to recover what is owed. The terms of the divorce decree do not protect you from being sued if your spouse defaults.
If your spouse defaults, you are sued, and you end up paying on a debt that your spouse agreed to pay in the divorce, one remedy is divorce court. You can bring an action stating that your ex is in contempt for failing to pay. You can ask that your former spouse be required to reimburse you for any amounts you were required to pay as a result of his or her failure to pay.
If you have questions about how to divide debts and avoid defaulting in the future, contact us for guidance and resources.
Deciding to get a divorce is hard.
And then it seems to just get harder. But it doesn’t have to be that way anymore.
DIYvorce was created by Minnesota divorce attorneys who know that people need a path to their divorce that doesn’t require thousands of dollars and months of fighting. But they also need to know their divorce is done correctly, and that it resolves the couple’s disagreements.
DIYvorce is an easy-to-use path for for couples who are ending their marriage:
You work through a secure online interview to gather information.
You get helpful information about issues to consider as you work out how to legally part.
You have the opportunity to consult with legal professionals along the way. Your questions will be answered and you can be confident about your final divorce and the documents.