• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

second divorce

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

trip19d

Junior Member
What is the name of your state (only U.S. law)? Illinois

Okay my wife and I are going through our second divorce. We were married for 4 years got divorced then remarried 8 months later. Now we are currently in the second divorce, can debt from the previous divorce be used in the second divorce. After the first divorce my wife filed for bankrupcy, now during the second she is trying to put the debt on me saying it was my fault she had to file for bankrupcy. And all the debt from the first divorce that she incurred is my responsibility. The only thing that has been bought since the second marriage was a motorcycle that i paid cash for. I would like the bike but not an important item to me. Where do I stand on the previous debt, can she bring up debt she had acquired in between the marriages?
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Illinois

Okay my wife and I are going through our second divorce. We were married for 4 years got divorced then remarried 8 months later. Now we are currently in the second divorce, can debt from the previous divorce be used in the second divorce. After the first divorce my wife filed for bankrupcy, now during the second she is trying to put the debt on me saying it was my fault she had to file for bankrupcy. And all the debt from the first divorce that she incurred is my responsibility. The only thing that has been bought since the second marriage was a motorcycle that i paid cash for. I would like the bike but not an important item to me. Where do I stand on the previous debt, can she bring up debt she had acquired in between the marriages?
The debt acquired in between marriages is separate debt.
 

LdiJ

Senior Member
The debt acquired in between marriages is separate debt.
However, 8 months wasn't very long for much debt to accumulate.

I am also confused about something. If OP's wife filed bankrupcy after the first divorce, that would have left her with a clean slate. Therefore how could she be trying to put non-existant debt on him?

Something is missing here.
 

trip19d

Junior Member
The missing link is she only filed on select items. She kept her vehicle which is a $60,000 Denali. There are also a few other debts she didn't file on in the bankrupcy. Since the property settlement was never finished before the remarriage she thinks it can all still fall on me.
 

LdiJ

Senior Member
The missing link is she only filed on select items. She kept her vehicle which is a $60,000 Denali. There are also a few other debts she didn't file on in the bankrupcy. Since the property settlement was never finished before the remarriage she thinks it can all still fall on me.
If she still keeps her vehicle that's still her problem. Whoever keeps an asset gets the debt associated with that asset as well.

However, if you remarried before your property settlement was finished, she may have a point that its a do-over....or at least that the original property settlement needs to be finished.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top