I got married 7 years ago, and just after we got married my spouse verbally admitted to having approx. $40k in credit card debt. Shortly after filing for divorce a few months ago my spouse claims that she didn't bring any debt into the marriage. I just discovered that there is now $106K of credit card debt all in her name that she concealed from me. She claims that all this debt was accumulated during the marriage, which would put me on the hook for half of it. I believe part of that debt was premarital. Can my attorney subpoena the credit card companies for this information? We got married in October of 2012. Will it be difficult to obtain the financials since this dates back over 7 years ago? Please advise on the best course of action here.
Yes, the starting point would be your wife's financial affidavit and answers to interrogatories/RFPs. Then, subpoenas to the creditors to objectively determine when the liabilities were incurred. Follow that and any other third party discovery up with a deposition of your wife and voila, you've got your case trial ready.
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Please be aware though that the $40K is not necessarily going to be eliminated from the equitable distribution that easily. If you have benefited from the use of those cards and marital funds went towards ongoing payment of the credit cards you may have an issue to deal with. I HIGHLY RECOMMEND CONSIDERING A CONSULTATION WITH A BANKRUPTCY ATTORNEY. YOUR SPOUSE FILING BK ELIMINATES ALL THE DEBT AND YOU WILL NOT FACE AN INEQUITABLE DISTRIBUTION.
Please remember, just because I answer your questions, does not mean I represent you. Unfortunately, it also does not mean I am right. You are asking a general question, and I am providing a general answer. This is not a legal opinion, but intended to provide you with more insight so you can seek advice if you believe it to be necessary.
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