Debt


#1

Generally, you are both responsible for debt incurred during the marriage. You can divide responsibility for these debts up between yourselves either by entering into a written, signed and notarized separation agreement or by filing a lawsuit to have a judge make a division of debts in equitable distribution. (This will determine the responsibility between you and your spouse, but the creditor could still pursue whoever obligated himself or herself directly to the creditor, so if he accepts responsibility for any debt that is in your name, you will need to make sure he is required to protect or reimburse you in the event he doesn’t pay and the creditor pursues you personally.) Keep in mind that, if you want to get the debts divided up either of these ways, you will need to do so before a judgment of absolute divorce is entered. Absolute divorce will cut off your right to seek division of the debts. Either of you could file for absolute divorce one year from the date you left. For more information about property and debt division in a question-and-answer format, follow this link: http://www.rosen.com/faq/siteserve/ppf/cat/6/faq.asp#192

Regarding your alienation of affections question, I don’t believe either of you would have a claim based on people you are involved with since separation. However, it is possible to sue someone for criminal conversation (a third party’s sexual relations with someone still married to you) after separation but before absolute divorce. For more information from NCDivorce.com about alienation of affections or criminal conversation, follow this link: http://www.rosen.com/alienationofaffection/

Lara Stanford Davis
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

My husband and I have been married since 9/97 I left on 2/03. I never worked during our marriage until 8/02. I have utility bills that are in my name that were not paid during our marriage.I wanted to know who is responsible for this debt or if we are both responsible for all the debt incurred during our marriage. I have gotten a copy of my credit report but it seems like some of the bills aren’t on there, because I keep getting bills for some of them.
I was the one who left this marriage and lived on my own. Up until about 4 months ago when I moved in with my boyfriend. My husband has also been living with a women for the past 8 months now. I want to go the route of no lawyer, but would like to know your opinion before I do.
As far as I’m concerned we have come to a property distribution agreement without the courts. My question is who will be responsible for any bills that are unpaid that might show up after the divorce. and would he have any right to sue for alienation of affection being that we are both living with someone else.

                                   Thank you

Lisa Glenn