I am currently scheduled for an for an uncontested divorce hearing next month. My ex and I had no children and now no assets, only debt which she says she’s not responsible for. Due to financial difficulties we never has a separation agreement, just waited one year to file. After many weeks of discussion, we met at the courthouse and filed for our divorce. We received our court date and went to leave when she told me she wanted me to pay off her car which she was driving and had voluntarily repossessed. She wants to bring it up on our court date. Can she even bring this up in this kind of divorce hearing? What happenes if the judge won’t hear it and she refuses to sign the paperwork? Can she be responsible for half our debt if most everything was in my name? Do I need an attorney?
A divorce decree will cutoff your right to equitable distribution unless that right is preserved in the decree. You have a right to petition the court to split all the assets and debts accrued during the marriage, but you should reach an agreement on that, or file the complaint, before entry of the divorce decree. If the Judge thinks there are outstanding property issues then he may decline to grant the divorce on that day.
Unfortunately she completely refuses to take responsibility for our debt. She claims that unless I can prove she made some of the purchases, she won’t pay, but wants me to pay for a vehicle I didn’t drive. It’s in both our names but can I be held responsible and can the judge force me to pay even though I supported her through our marriage?
Also should I be worried about her asking the judge for alimony at our “uncontested divorce hearing?” She hasn’t said anything about it yet but she’s very spiteful. There was marital infadelity on her part. I was supported her when we were married but was out of a job for 6 months and now barely make enough to support myself. Is she entitiled?
The judge will look at the fact you supported her during the marriage, but infidelity (if you can prove it) will cut off her right to alimony even if the court finds you were supporting and she was dependent. The court will also look to your ability to pay if your work situation has changed.