bruce1964 said:
california-i am filing for a divorce. my husband has since left the state of california for another state. can i be granted a divorce quicker than 6 months if he does not respond to the papers that get sent to his c/o address? also, i am listing some debts we both incurred while we were married, who will be responsible for them if he can't be reached? (the debts are both in our names). thank you.
My response:
Quicker than 6 months ? No.
While any divorce decree that you obtain may require him and / or you to pay all or part of the marital debts, remember - - the contracts you signed are NEVER altered by the court orders. Therefore, the creditors ARE NOT affected by your court orders.
Since California is a Community Property State, the creditors can still go after you for payment of the debts, no matter what the court orders say - - the creditors are not parties to your divorce. They still have legally binding contracts with your signature on them.
As a matter of fact, let's say that he eventually files for Bankruptcy - - but the court orders say that he must pay the marital debts. Guess what ? That's right, you're the one "on the hook" for the debts. Not him. Federal law and Bankruptcy always "trump" State court orders.
IAAL
