Me and my spouse are going for a Contested Divorce which I'm contesting as a Pro-Se. We are not living to-gather since last 1 Year. I had to take a Loan to survive after we got separated, it's only on my name and my spouse is not associated with it. So I want to know if this Loan is considered as a Marital OR Non-Marital Debt. And if I pay it back from my Salary Income (which I think is still considered as a Marital Money till we get the Final Divorce Decree), will it be fine Legally? OR the Judge will/may ask me to pay back half of the Loan amount to my Spouse?
There are many issues and concerns here. The short answer - get a lawyer. If a debt is incurred during the marriage, there is a presumption that it is a marital debt. However, the issue will be decided by the purpose of the debt - i.e., how the funds were used. But it is not that simple - the issue then may be why it was necessary to borrow the money. These concerns will also impact whether or not the repayment of the debt from your earnings (marital asset) will constitute dissipation . From the very limited info provided, you may be OK. However, there is not enough info provided to give yo a definitive answer.
You need an attorney.
In general, debt accrued during the course of a marriage is marital debt and subject to division between the parties. I do not understand why you would think that you would have to give half of a paid back loan amount to your spouse. What you should really do is consult with an attorney in your area about the questions you have concerning marital debt. Many attorneys do not charge for initial consultations with prospective clients.
You are way in over your head. You need to contact an attorney about representing you, otherwise you will be coming back here with your question of the week. In order to answer questions like you have, more information is needed.
my spouse and i.
if you are pro se, then you are assumed to have the same knowledge as a lawyer. read the statute carefully and repeatedly. we do. read the relevant case law on marital property and debt. read the civil practice act especially the sections on pleadings. read the illinois supreme court rules of evidence. find the new state mandated financial disclosure form and fill it out. do it accurately or you may be sanctioned. see 750 ilcs 5/501 on sanctions.
a debt during the marriage is presumed marital. but what did you use it for? if for marital purposes, then yes marital. if your strictly personal reasons, such as a vacation for yourself, no, not marital.
yes, income from employment is always marital. using marital income to pay marital debt is fine.
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