Divorce with Domestic Violence Involved

[LovesAnimals]

What is the name of your state (only U.S. law)? California

Hi, I'm married and looking to get divorced. I have been paying all bills as my husband hasn't worked in about two years. Most of the debt is in my name only...such as credit cards and some loans. My husband is in jail and facing two domestic violence charges picked up by the state. I recently sold our truck (still being financed in our names) to someone who is just taking over payments.

With that background, should I seek a lawyer to help with my divorce? I am willing to take all the debt (around $80,000) because I know he won't pay it and they'll come after me anyways...so does that mean I should retain all of the assets? Our debts about double our assets. Any advise would be greatly appreciated.

Thanks, Loves Animals

 

[DAD09]

Jailtime

I read your posting history-Did your husband go to jail as a result of the situation you claimed in an earlier post?

 

[mistoffolees]

What is the name of your state (only U.S. law)? California

Hi, I'm married and looking to get divorced. I have been paying all bills as my husband hasn't worked in about two years. Most of the debt is in my name only...such as credit cards and some loans. My husband is in jail and facing two domestic violence charges picked up by the state. I recently sold our truck (still being financed in our names) to someone who is just taking over payments.

With that background, should I seek a lawyer to help with my divorce? I am willing to take all the debt (around $80,000) because I know he won't pay it and they'll come after me anyways...so does that mean I should retain all of the assets? Our debts about double our assets. Any advise would be greatly appreciated.

Thanks, Loves Animals

You can't just retain all the assets and the debts. The court has to do that.

It is perfectly reasonable to ask the court for that determination - you're willing to take on all the debt if you get to keep all the assets.

If it were me, I'd ask for your stbx to be held responsible for 1/2 of the difference, as well. Granted, you will probably need to pay it, but if he ever wins the lottery or has a big inheritance, that would give you the right to collect something.