After Divorce

Hi all, I am not sure how to ask, but here goes. My partner is in the final week before his Divorce is here, He has shared debts with his ex-wife. I found out this week that she told him that he had to take all the debts they had together while married, or she would not alow him the divorce. My qusetion is, "What can he do about it now". We are unable to move into a bigger place to live with two children. I need to find out what he can do to make her take her share of this debt..... It is so unfair that she can black mail him this way.

Charmaine,
He has had opportunities to settle/divide the marital debt and still may do so but be prepared to have the divorce delayed pending final disposition of this issue. Plus it will more than likely add to his attorney fee's.
Another option will be to except the debt and file bankruptcy after the dust settles. If he chooses to go this route he must be careful of the wording in the final divorce decree cause all the creditors will go after his ex. Therefore, if the final decree in anyway prevents this he can be held in contempt.
He should carefully calculate the benefits of his options and be up front with his attorney. His attorney can try and keep the wording in his favor if he knows what your partner is planning.
Always keep in mind, he is breaking a contract and entering into a new one and this new contract isn't altered as easy as the old one. Plus there will be long term consequences based on decisions he makes now.

Good Luck

Thank you erev46. His lawyer is his brother, and he told him not to take on all the marital debts, as they both are responcable for them. But he didn't listen to his lawyer, how could he when he was told by her, "if I have to take some of the debt, you dont get the divorce". I know that him filling bankrutpy will have it down side, but how can he get her to take half that is hers now ?

First she can't prevent him from getting a divorce, she can slow the process down but not stop it.
Second as I said earlier he needs to consult with his attorney and ask him to change the agreement.

Good luck

Thank you again Erev46. His Divorce is final next week on the 7th, If he calls his Brother about it, can he make her take half the debt?, even tho their Divorce is done?

Evidently I misunderstood about the divorce being final. If this is true he will have to go back to court and have the agreement amended.
He needs to talk with his attorney and do this in compliance with your state law.