divorce

[WILLIAM HAYNES]

i'm from california i filied for divorce in aug 96 and my divorce was final in dec 97 in april of 97 she ran up doctor bills and now it is on my credit report as a joint bill am i responsible for the bill

 

[I AM ALWAYS LIABLE]

i'm from california i filied for divorce in aug 96 and my divorce was final in dec 97 in april of 97 she ran up doctor bills and now it is on my credit report as a joint bill am i responsible for the bill

My response:

Yes, at least for half. In addition to the fact that a spouse’s separate property is responsible for the necessaries of life of the other spouse while the parties are living together, his or her separate property is responsible for the other spouse’s "common necessaries of life" while the parties are living separate.

Further, in the division of community property, absent a contrary court order or agreement, debts incurred by either spouse for the "common necessaries of life" of the spouse or the minor children after the date of separation but before the entry of a judgment of dissolution of marriage "shall be confirmed to either spouse according to the parties’ respective needs and abilities to pay at the time the debt was incurred." [Fam C §2623(a)]

However, once a support order is entered, the spouse who incurs the debt is solely responsible for that debt regardless of whether or not it was incurred for the necessaries of life. Debts incurred by a spouse following separation for non-necessaries of life shall be confirmed as the separate obligation of the spouse who incurred the debt. [Fam C §2623(b)]

Medical expenses have been defined to be a part of the "necessaries of life." However, your actual liability depends upon whether the bills were incurred before or after an alimony order was made, pendent lite, and before the final judgment.

IAAL

 

[johnbq]

 

[johnbq]

hi
let me ask you something?
my wife and me are living in the united states are not legally in this country she wants to divorce to marry with an US American citizen to obtain the citizen of this country, I desire to know if she can get divorced of me if not this married one for the laws of North America. and if this would have some sanction?