I am looking at divorcing my husband. I recently discovered he has been squandering all the money he receives in his paycheck and has not been timely paying his bills. I am scared he is creating large additional debt and if I divorced him or he died my son and I would be responsible for paying these large sums. How can I prevent being responsible for these debts. I was married in, resided in, and maintained the marital home all within PA. Further we do not own any real property outside the state.
You need to contact a divorce attorney right away and get the divorce process started. Contact a reputable divorce attorney in your area and go through all the issues.
You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family & criminal law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-377-6828. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
You will have to deal with this in the course of a divorce proceeding so I suggest you immediately contact a local attorney to review all your rights, options and obligations and get started. You can find attorneys in your area by searching among the profiles here on Avvo. Good luck!
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You may be liable for marital debt. Hire an attorney to help you with your divorce. This is a common issue that a skilled attorney in your area will know how to handle.
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Family Law Attorney
All assets and debts aqcuired prior to separation are subject to equitable distribution. Their is no potential liability to your son. If they are his personal expenses for personal items you most likely will not be responsible for his expenses. But if expenses are related to or determined to be marital property, then you will be responsible for your equitable share.
I'm here to help if you are interested. If not, I suggest you contact a local family law attorney for further advise.
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Any debts accumulated from the date of your marriage to the date of your separation would be considered marital debt. It is best if you consult with an attorney to discuss your specific circumstances immediately. I would be happy to speak with you further. My firm offers half hour phone consultations and practices in Bucks County, PA. Please contact me at 484-681-9710.