golfduffer713 said:
We live in Chicago, and were married in Cayman Islands. Never recorded marriage certificate in U.S. Are we legally married in the U.S.? If not, can creditors hold a "common law husband" responsible for wife's debts (specifically student loans)? THANX!
My response:
First, Illinois is not a common law State.
Second, you were not "legally married in the U.S." - - you were "legally married" in the Cayman Islands and the United States "recognizes" foreign marriages from all over the World as being valid, if the laws of the place of marriage were followed. Therefore, if the laws were followed, you are married. If you need a divorce, then the divorce must be commenced in your State if all residency requirements have been met.
Responsibility for debts follows the laws of the State and specific place where you live, and are guided by when the debts were incurred - - either before or during the marriage. If before, the debts are separate obligations of the person incurring such debts. If incurred during the marriage, then, generally speaking, the debts are the responsibility of both parties.
Also, some State laws proscribe, with regard to student loans, that you may also be entitled to a share of the estimated income that any Diploma or Degree generates, or is expected to generate, that may be received as a result of student loans.
You need to consult a local attorney for specifics in all of these matters. Most Family Law attorneys will give you a free initial consultation to determine your rights, responsibilities, and a strategy to follow concerning the potentiality of divorce.
IAAL
[Edited by I AM ALWAYS LIABLE on 03-18-2001 at 01:07 PM]
