October 8, 2010

Dividing Debts in a Divorce | Salt Lake City, Provo, Ogden Utah

Dividing Debts in Divorce

When one thinks of the divorce process we often first think of who is getting what, the house, the car etc. However, there is one thing neither side really wants to take with them following a divorce, the debt. The number one cause of divorce in the United States is monetary issues, so often a couple that is going through the divorce process has some debt as well as some assets that must be divided between them. Utah follows the “equitable division” legal rules when dividing property, and debt is handled in a similar way. Just as the court fairly divides any property and assets between the divorcing parties, marital debts are divided fairly between the parties as well. This does not mean that each side takes upon themselves half of the debt but rather the court takes into account each parties individual situation and assigns the debt in a fair manner.

Separate Debts Are Not Shared Between Spouses in Divorce

The Utah State code states that spouses going through the divorce process are not personally liable for the separate debts, obligation or liabilities of the other spouse that were contracted before or during the marriage unless the debt is a family related expense. Spouses are not liable for debts incurred after the divorce unless the debt is for a minor child for reasonable medical or dental expenses. Thus, if a spouse during the marriage was interned with a large debt that is their own this will not be split in a divorce. This is a very complex legal rule and spouses should not attempt to use these rules without qualified help like that found through Utah Divorce Hotline.

Get Representation Today

If you or your spouse has begun the divorce process don’t be stuck with your spouse’s debt. To ensure the process works as it should seek experienced Utah Debt Division Lawyers like those at Utah Divorce Hotline. We can help the court sort through the debts and assets and speak for your rights. Divorce is an excruciating process, you need not face it alone. Call Utah Divorce hotline today to get help through your divorce. Call anytime day or night at 801.618.1331.