I've been separated, not legally, from my husband for many months because he became a meth addict. I found out he wrecked our truck last week & sold it for $100. Then he came 3 hours away to my home (Prior to marriage ) and stole my car. He has a warrant for failure to appear in court on a misdemeanor charge. He is hiding & said they will have,to catch him in the car to arrest him. On,the day I file for divorce am I no longer liable for his debt or damages to anyones property he does in my car? Or am I still liable until the divorce is final? Would I first need to file a legal separation to protect myself?
You are asking a couple different questions here. The date of filing for your divorce may be considered a date of valuation for marital assets and liabilities. That does not mean that you are automatically responsible for debts and liabilities of your husband prior to the date of filing but it sure sets a strong, more certain, dividing point. In other words, filing for divorce doesn't hurt and it can only help protect you. Debts incurred prior to filing for divorce will be allocated amongst you and your husband equitably (fairly). I think you may find a consultation with a family law attorney in your area very beneficial.
The information you obtain from me at this site is not, nor is it intended to be, legal advice. No attorney client relationship is created by me answering your questions. This is general information only and you should consult an attorney for advice regarding your individual situation. I am an independent licensed to practice law in Florida and Kentucky. My office is located in northern Kentucky.
You need to consult with an attorney and file for divorce. A debt that is incurred by your husband in his sole name should be his responsibility with regard to the company with which he incurs the debt. If he does damage to property while you are married or defaults on debts that you incurred together while married, then this could be a different matter as long as you are married and you could bear some responsibility for the debt/damage incurred. Once you are divorced then you will not have to worry about this. The court can assign debts however it feels appropriate and will look at a number of factors in determining how to assign responsibility (who incurred it, what was it for, etc.), but how the court assigns debt and who a company looks to for payment are two different issues you should consult an attorney about.
The answer to your question is based solely on the limited facts presented and is not a substitute for an in depth, in person consultation with an attorney of your choosing in your state, which this provider suggests prior to taking any action. Furthermore, this does not establish an attorney-client relation and should not be relied on for same.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline