Separation

[btucker7587]

In Washington State, is there a automatic Separation time without having to file through the courts? We were seperated from November 03 to July 05 when the divorce was final. I am getting hit with her bills from out seperation period, and they won't remove them. Only two, but one is too many.

Any Idea's?

[seniorjudge]

Originally Posted by btucker7587

In Washington State, is there a automatic Separation time without having to file through the courts? We were seperated from November 03 to July 05 when the divorce was final. I am getting hit with her bills from out seperation period, and they won't remove them. Only two, but one is too many.

Any Idea's?

If you want a divorce, you have to file a lawsuit, just like everyone else.

So the judgment in your lawsuit says who pays what bills.

[btucker7587]

Originally Posted by seniorjudge

If you want a divorce, you have to file a lawsuit, just like everyone else.

So the judgment in your lawsuit says who pays what bills.

Did you read my post? I said i was divorced in July of 05. I was asking about seperation, not divorce. Honestly, read the post before jumping to conclusions.

[LdiJ]

Originally Posted by btucker7587

Did you read my post? I said i was divorced in July of 05. I was asking about seperation, not divorce. Honestly, read the post before jumping to conclusions.

You missed his point. Your divorce decree should have addressed who was responsible for what bills. If it didn't, you have a problem.

You see, the creditors are not a party to your divorce or separation. Therefore, if joint bills were incurred (bills in both names) then the creditors have every right to go after you and will continue to do so until the bills are paid.

If WA is a community property state, then they have the right to go after you even if the bills are in her name only....if you were still legally married when they were incurred.

If the divorce decree addresses the bills, then you can file contempt against the ex.....however that still doesn't release you from responsibility to the creditors.....but it might force the ex to pay you back.

[btucker7587]

Originally Posted by LdiJ

You missed his point. Your divorce decree should have addressed who was responsible for what bills. If it didn't, you have a problem.

You see, the creditors are not a party to your divorce or separation. Therefore, if joint bills were incurred (bills in both names) then the creditors have every right to go after you and will continue to do so until the bills are paid.

If WA is a community property state, then they have the right to go after you even if the bills are in her name only....if you were still legally married when they were incurred.

If the divorce decree addresses the bills, then you can file contempt against the ex.....however that still doesn't release you from responsibility to the creditors.....but it might force the ex to pay you back.

The decree dose state the bill layout...however. As a bill collector you are not bound to the decree. that is a written agreement between you and your spouse...not the creditor. So in a community property state, they ignore the decree if the debt was incurred before the final date. Hence...the basis for my question.

[btucker7587]

Let me add on to it....

If the Spouse doese not adhere to the decree, what can be done that does not require me to travel to the divorce state to contest her actions?

As per the decree, she has held up to none of it. Whereas I have upheld my responsibilities. What can be done when you are 2900 miles away...

[AHA]

Originally Posted by btucker7587

The decree dose state the bill layout.

So since we don't have hawk eyes, what DOES the decree say about the bill layout?

[LdiJ]

Originally Posted by btucker7587

Let me add on to it....

If the Spouse doese not adhere to the decree, what can be done that does not require me to travel to the divorce state to contest her actions?

As per the decree, she has held up to none of it. Whereas I have upheld my responsibilities. What can be done when you are 2900 miles away...

Depending on the nature of the bill...you often might as well pay it. Your cost of taking your ex to court could easily far exceed what you might end up collecting.

[Bali Hai]

Originally Posted by LdiJ

Depending on the nature of the bill...you often might as well pay it. Your cost of taking your ex to court could easily far exceed what you might end up collecting.

And keep in mind, LdiJ never gives this advice to a woman. There are a different set of rules for baby-cakes.