The Couple Or Not logo uses a question mark snuggled up to an upside down question mark, with the open ends of the question marks facing each other, to symbolize communication and closeness on the left side of the logo. On the right side it shows the two question marks apart and facing away from each other, symbolizing a lack of communication and distance between the members of a former couple. Legal and practical advice
Lucille P. Uttermohlen
P. O. Box 278
Monticello, IN 47960
(574) 583-6661
Menu

  • Home

  • The Process Of Divorce


    • The process of divorce isn't that hard. It consists of initiation, the "provisional" or "intirim" period, and the final hearing and divorce decree. Here, the procedure is explained. For more information get your free sample chapter of --

  • Your Pocket Guide To Divorce


  • Debts And Property


    • One of the biggest areas of dispute in divorce is how to divide assets (property) and liabilities (debts). Here, we consider the different kinds of property, and the things you should think about when negotiating settlement.

  • Free Divorce Dictionary
    • There are terms that you'll hear while going through the divorce process. Some are in English, most have roots in Latin, and they all can be darn confusing if you don't know what they mean. Here's what you need to translate.

  • Your Children And Your Divorce
    • Divorce, as we all know, is hardest on kids. There is no way to change that fact, but parents can work together to ease their children's transition. Here, we discuss the different kinds of legal custody, and address other concerns you may have about your kids' post divorce care. Go to the link below for a free sample chapter of --

  • Your Pocket Guide To Child Custody


  • Your Law Lady Blog


    • Practicing law isn't all fun and games. In fact, it can be a first class pain in the neck. If it wasn't for the humor in it, I'd quit and become a belly dancer. I'll tell you why, and keep you supplied with stories and information about family law. I'll also do you all a big favor and stick to practicing law.

Debts

If you are deeper in debt then either of you will be able to pay, you might consider bankruptcy. It is strong medicine, and not one I would advise you to take lightly. However, if it is a possibility for either of you, you should do it together while you still can.

Once your divorce is final, you can't file a joint petition, even if you and he have all of the same debts. If she files without you, you could be stuck with the whole debt, and then your choice is to pay it or file yourself.

Once you file for bankruptcy relief, you won't be able to file again for 8 years. The filing fee is steep. It is almost $300.00 as of this writing. Attorney's fees can be a lot, and may seem impossible at first. However, if you are far enough in debt, bankruptcy may be the only way to go your separate ways financially, as well as emotionally.

If your debt isn't high enough to involve the federal courts, there are some things you should consider in your settlement talks with your ex:

  1. Can you pay your joint debts out of marital assets?

    If your name is on a debt, your creditor will be able to sue you for it, no matter what the divorce decree says. You can sue your spouse for any money you lose that he should have paid, but if he is unemployed, suddenly unable to work, or just irresponsible with money, you may have trouble collecting. You might both be better off if you can get rid of the debts you have together before you go your separate ways.

  2. Debts in your own name:

    If you can take on all of the debt in your own name, do it. Your creditor won't sue your ex for the money, no matter what the decree says. The creditor's original contract was with you. Because your spouse did not sign anything promising payment to the creditor, the creditor has no right to try to collect from her.

    Again, you can take her back to court to collect. However, a responsible person wouldn't have caused the problem in the first place. Taking her to court for the money may be throwing good resources after bad.

  3. If you have joint debts, and you have to keep them --

    If you can't pay joint debts before you separate, but neither of you wants to file bankruptcy, try to get the debt you will pay in your own name, and have your spouse do the same if possible. This way, you will recieve notices, and not be in a position that someone else can ruin your credit.

    You won't have to worry about your ex causing your account late payments and fees. And, you won't have the unpleasant task of discussing finances with your ex once the divorce is over.

    It doesn't matter so much in divorce who actually incurred the debt. If your spouse is inclined to blow money frivilously , you may be able to prove that he "dissapated" your assets. The judge may agree with you, and make him assume more of the debt.

    However, most debt is considered to be a family expense, and even if you didn't incur it, and it isn't in your name, the judge can still assign part, or even all of it to you. If you can arrive at a fair settlement without that happening, your post divorce life is bound to be less stressful.

    On This Page

Your Pocket Divorce Guide

If you and your spouse don't have children, property or debts, or you are in agreement about the issues you do have, you may choose to get divorced without a lawyer's assistance.

Even if you do end up hiring counsel, you should understand the procedure of divorce so that you can participate fully in the management of your case. Your Pocket Divorce Guide will show you what you need to know to understand the divorce process. Go here to learn more and to claim your Free Sample Chapter

Legal Zoom

Legal Zoom

The Forms You Need And The Money Back Guarantee You Can Trust!
About

Law Lady Blog

Ask The Law Lady

Gov gripe

Lucille P. Uttermohlen    P. O. Box 278   Monticello, IN 47960   (574) 583-6661   lucille @ couple-or-not.com
on server # 28-683

20100354