How Is Credit Card Debt Split in Divorce? DoNotPay Knows!
Divorce is never a pleasant process, but it needn’t be expensive or traumatic.
Once you make this important decision, you and your partner have to go through the painful steps of splitting up the life you have built together. DoNotPay knows that the faster these matters can be resolved, the easier the whole process will be for everyone involved.
When it comes to your joint liabilities, credit card debt can loom large. DoNotPay answers the question, “How is credit card debt split in divorce?”
How Does Divorce Work?
A divorce is a legal process that is designed to dissolve a marriage as fairly and completely as possible.
As part of the divorce, you and your partner will have to split up your joint assets and liabilities—these often include:
- Real property
- Jointly held bank accounts
- Moveable assets
- Credit card debts
Once a court is satisfied that you and your partner have reached an agreement on how these should be divided, the divorce can be granted.
Most states allow no-fault divorces, meaning that you can get divorced without going to court or needing a lawyer, as long as there are no arguments about your common property.
This means that divorce doesn’t need to be either costly or combative—as long as you and your partner can agree on the settlement details.
How Is Credit Card Debt in Divorce Handled?
Depending on the state where you live, there are two ways credit card debt is viewed in divorce proceedings, namely as:
- Common law property
- Community property
Common Law Property
Under common law, a court will stipulate that the spouse who incurred the debt during the marriage is responsible for paying it.
This means that a court would hold you fully or partially responsible for:
- Debt incurred in your name during the marriage
- Joint credit card debt from the marriage
- Any debt on a credit card you have cosigned for
There are 41 states that operate under the common law system, so you should check your local laws to understand whether this is the case where you are filing your divorce.
The remaining states—Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin—use a system of community property.
Under this system, all joint debt from the marriage is split equally between the two spouses.
How Can You Make the Divorce Process as Easy as Possible?
Any argument about the division of your joint assets and liabilities will make your divorce more complicated and expensive.
If you and your spouse can agree in advance on how to split joint liabilities such as credit card debt, you may be able to get your divorce without needing expensive lawyers.
If you can agree on everything, the process of filing for divorce in most states is easy, as follows:
|File divorce papers||You or your spouse—or both of you—must file a petition for divorce with your county court. This document asks the court to grant you a divorce and lists your joint:
|Serve the papers||If you or your spouse have filed the divorce papers independently, they must be delivered to the other spouse by hand and signed for. If you have filed jointly, this requirement can be waived|
|Draw up a settlement agreement||A settlement agreement refers to your statement of assets and liabilities and sets out how each element should be split in the divorce. It should cover every element of your joint life, including:
Even if small details are still unresolved, you may not need a lawyer. Submitting to mediation can often iron out minor disagreements and smooth the path
If your divorce settlement is comprehensive, this makes your divorce a formality. In such an uncontested divorce, you should be able to complete the process with minimum effort and in as short a time as possible.
Where Can You Get a Divorce Settlement Agreement?
Your divorce settlement agreement is the key to a quick and painless divorce.
You have several options for drawing up an agreement that covers all the bases:
- Local court
A lawyer will be able to draw up a comprehensive divorce settlement agreement, but this can quickly become expensive. If you and your spouse agree on the major areas of the settlement, you may find that a lawyer is an unnecessary expense.
Your county or district court may have settlement agreement templates that you can fill out. Be warned, though—many court-provided forms are over-complicated, and you may find yourself needing a lawyer to decipher them.
Several websites offer generic settlement agreement templates for you to download and fill in. While this is often a cheap option, you need to exercise care—the template may not cover all your requirements and may not use the correct language to be valid in your state.
DoNotPay has the solution to your divorce settlement agreement needs! Our agreement is customizable and watertight, and you can !
Solve Your Divorce Settlement Agreement Needs With DoNotPay!
DoNotPay is your best resource for making your divorce as painless as possible!
Our Divorce Settlement Agreement product can draw up a watertight agreement that takes account of all your needs. Here’s how to use the feature:
- in your web browser
- Go to our Divorce Settlement Agreement product
- Fill in the details of your agreement by answering a few questions
Once you have given us all the details you want to be included in your agreement, we will generate it in a flash. You and your spouse can go ahead and sign it in the presence of a notary. If you are unsure where to find a notary in your area, we can even organize online notarization for you!
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