Divorce - spouse is not responding to my filing for divorce. No kids; no assets; she acquired a GREEN card (Canadian/Nurse)

I married her to find out that she was not in the same mind set. Never the less she rain up bills and also taxes. I have paid a lot of back taxes but there is still 30K outstanding from 2008 (IRS) - CA-FTB is paid. I need to resolve this divorce and get her to accept half of what is due. She makes 100K as a nurse and I make 130K. I have three kids full time from a previous marriage that I take care. All I want is her to pay her share of taxes. The IRS went after me so I have paid the majority of to date at this time so the net balance due would be her paying approximately 80%. I have a spreadsheet for the entire amount of liability. My only wish/demand is she pay her share of 50% of the total and sign off on the divorce. She has no kids; lives with friends; works at a near by hospital.

South Pasadena, CA -

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Attorney Answers (4)

Dena Robin Taub

Dena Robin Taub

Family Law Attorney - Sherman Oaks, CA
Answered

If she will not agree or cooperate, you will need to get a court order for the relief I feel you are most definitely entitled to. In order to do that you will need to get a hearing set in court. I will suggest also that you hire an attorney to protect your interests and enforce an equal division of the community debt. I would not recommend you go to court without an attorney. I offer a free consultation if you have further questions at 818-646-5300.

No response should be construed as formal legal advice. The acknowledgement of this information or submission of a... more
Sean Anthony Musgrove

Sean Anthony Musgrove

Divorce / Separation Lawyer - Folsom, CA
Answered

I am sorry you are going through this. She is responsible for 1/2 of the community debt, even if she is trying to be an ostrich in the matter and keep her head in the sand. I really think you need to find an attorney to advise you. You have community property issues that need to be resolved tied with potential spousal support issues and innocent spouse tax issues. Thank goodness you do not have kids with her!!!

Here is my typical verbiage in hiring an attorney:

In hiring an attorney, everything is negotiable. Attorneys do offer payment options, but that does not normally include monthly payments. Some offer hourly rates with a retainer. Others offer flat fee rates. Some others offer document preparation. However, payment plans don't work because after the case is over, the former attorney is the last to be paid. However, every thing is negotiable.

Best of luck to you

Gregory Paul Benton

Gregory Paul Benton

Divorce / Separation Lawyer - Glendora, CA
Answered

She would be required to normally pay the taxes that are her CP responsibility. Why hasn't a Request For Default been filed? Why hasn't the matter been set for trial? If you are doing this yourself, then it appears that you need help with the procedurual matters and it appears you need help to set the matter for completion.

Jonathan Whaley

Jonathan Whaley

Family Law Attorney - Warwick, RI
Answered

I would not go any further through this process without hiring an attorney. There seems to be a lot of assets and liability at stake. Have someone familiar with the process fight for you. There are certain procedural steps that need to be taken when one party is nonresponsive. An attorney will take care of those for you. Good luck.

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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