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Lansing Family Law Blog

Am I responsible for credit card debt after divorce?

In our last post, we spoke about the question of who is responsible for a joint mortgage loan once a divorce if finalized. As we noted, the answer depends not only on the divorce decree, but also on whether a responsible party is relieved of responsibility in bankruptcy. If the divorce decree makes one party responsible for the mortgage debt, that party will ultimately be responsible-if there is no bankruptcy involved-but the other spouse may have to have the divorce decree or settlement enforced in court.

A similar question relates to who is responsible for credit card debt after divorce. With this issue, the first question to answer is how the credit account is held. Is it a joint account, an individual account, an individual account with an authorized user?

Who is responsible for the mortgage after divorce?

A recent article on Fox Business highlighted an important question that people sometimes run into in divorce, namely, who is responsible for a joint home mortgage once the divorce is finalized?

While parties may have a divorce settlement or decree to divvy up liability a certain way, such agreements don't give the full picture of who is legally responsible for the debt, or how they are liable. This can cause problems when one party promises to pay a debt in a divorce agreement, but fails to do so or files for bankruptcy later on, leaving the other party to pay the debt.

Divorce laws vary by state, so consult a local attorney

As our regular readers know, divorce law varies from state to state. Because of this, big issues like property division, child support and alimony, can vary depending on where a couple files for divorce.

One issue that is determined by the state papers are filed in is when assets are classified as material. Depending on where one files, the cutoff date for accumulation of marital assets could be the filing date, the date the divorce is final, or some other date.

Financial inventory an important task before and during divorce

Finances are, next to children, one of the biggest concerns facing divorcing couples in Michigan and across the countr. The financial implications of divorce can be great, and it is important for those going through divorce, and those consider it, to make a detailed inventory of their financial situation.

For couples already going through divorce, this needs to be done anyway, as a financial statement of the couple's income, assets, liabilities, and expenses is required in order to make determinations related to property division, child support and alimony. For those preparing for divorce, taking a financial inventory will ensure that everything is accurately accounted for and will reduce the possibility of a spouse hiding assets.

In Michigan, adultery may affect property division and spousal support

A recent article in the Huffington Post took a look at the question of how cheating can affect the divorce proceeding itself. As the article points out, the specific answer to that question will vary from state to state, since each state has its own laws.

Oftentimes, adultery has little to no impact on property division, except perhaps in cases where one party has used marital assets in an adulterous relationship. If such a circumstance exists, a court would likely take that into consideration when determining the distribution of assets.

Actor Martin Lawrence files for divorce from wife, seeks joint legal and physical custody

Actor Martin Lawrence has reportedly filed for divorce from his wife after less than two years of marriage. Prior to their marriage in 2010, the couple had reportedly been together for 15 years. According to sources, the pair have decided to proceed with the divorce while remaining friends, and plan to raise their two daughters in cooperation.

According to court documents, Lawrence will be seeking joint legal and physical custody of their children, which would allow both him and his wife to share decision-making with respect to the children upbringing and welfare, and that the children will be spending their time equally between the former couple.

Issues older couples should consider prior to marriage, P.2

In our previous post, we began speaking about a number of issues older couple's should consider when planning a marriage. As we noted, older couples often bring significant assets to a marriage, and perhaps significant debts and responsibilities as well. Because of this, they face risks that younger couples do not if their marriage ends in divorce.

With a prenuptial agreement couples can decide a number of issues right off the bat, rather than leaving it for a judge to determine. Each state has its own rules about what types of issues can and cannot be on a prenuptial agreement. No state permits restrictions of child custody, child support or visitation rights. Some states permit waivers of spousal support rights, though others don't.

Issues older couples should consider prior to marriage, P.1

More and more Americans are delaying marriage until later in life. Those who do so usually bring more assets and past experiences into a marriage. While that can be a good thing, it can also present certain challenges. A recent Fox Business article provides several financial tips for older couples deciding to get married. Here we'll take a brief look at those tips.

The first piece of advice for older persons becoming engaged is to look into the possibility of setting up a prenuptial agreement. While these agreements are sometimes felt to be negative way to begin a life together, they can also save one from potential financial ruin.

Divorced couples can face tax issues for years after breakup

With tax day just behind us, it is an opportune time for a blog post on what, for many couples, is an extra bitter combination: divorce and taxes. One of the things a couple may not realize when thinking about the consequences of divorce is that, without proper planning, tax issues can continue to arise for years afterward.

A large part of the reason for the frustration is that the tattered relationship keeps a former couple from working together the way they need to in order to avoid an IRS audit. Here we'll take a look at common trouble areas for divorced couples.

Bill seeks to level playing field for service members in child custody disputes

A bill currently under consideration in the U.S. House of Representatives seeks to make child custody disputes more fair for service members by prohibiting family court judges from using deployment as the sole reason for denying a military member child custody. The bill, known as the Family Protection Act, was sponsored by Rep. Mike Turner of Ohio, and is currently being pushed by the House Armed Services Committee.

Child custody disputes center on the important question of the best interest of the children involved. A number of factors may be taken into consideration, such as the child's relationship with each parent, employment, history of taking responsibility, and so on. The bill would reduce the weight of a rather common obstacle for service members-service to their country.