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help with and ecourt [divorce] question about debt..

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iamturbo

Junior Member
I'm filing my divorce online, and this is the one question that confused me.. my soon to be ex husband and i are keeping everything we own and arent going after each other for any credit debt or anything like that..
this question made it sound really confusing, and need to know which answer is the right one for 'we arent going after each other of debt'. I think it's answer 2.. but i dont know, that's why im posting this.
please help, thx!


How do you request the court order your debts be paid?

1- The court should equitably divide the community debts and obligations of the parties.
2- Order that each party shall pay and hold the other party harmless from all debts, liens and encumbrances outstanding against or incurred to purchase the property awarded to him or her respectively.
3- Order that each party pay all debts incurred by him or her respectively since date of separation: (m/d/yyyy)
4- Order that each party be required to assume and pay one-half of all the outstanding community debts of the parties.
5- Order that the following community debts and obligations be paid as follows.What is the name of your state (only U.S. law)?
 


Ohiogal

Queen Bee
None of the above. If you have divided everything and agree upon everything you file a dissolution with a separation agreement and in the separation agreement it should state that "Each party is responsible for the debts incurred that are in his or her name and shall hold the other party harmless from said debts."

You really need an attorney.
 

nextwife

Senior Member
None of the above. If you have divided everything and agree upon everything you file a dissolution with a separation agreement and in the separation agreement it should state that "Each party is responsible for the debts incurred that are in his or her name and shall hold the other party harmless from said debts."

You really need an attorney.

But DO realize that the creditor is not a party and will still hold you equally liable for any debt to which you originally agreed to be responsible and can still take legal action against you regardless of what you and STBX agree. They are not a party to the divorce and have a right to any legal collection efforts, and frankly, don't need to care what you agreed between you.
 

Bali Hai

Senior Member
But DO realize that the creditor is not a party and will still hold you equally liable for any debt to which you originally agreed to be responsible and can still take legal action against you regardless of what you and STBX agree. They are not a party to the divorce and have a right to any legal collection efforts, and frankly, don't need to care what you agreed between you.
With that being said, they should make their agreement and the court should keep its nose out since what the court might order is meaningless anyway.
 

Ohiogal

Queen Bee
With that being said, they should make their agreement and the court should keep its nose out since what the court might order is meaningless anyway.
Ummm they need a court order due to the fact that they are GETTING A DIVORCE.
 

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