How do I (or how does my divorce attorney) obtain the exact amount of debt my spouse brought into the marriage?
2 attorney answers
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.
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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