You’re already so heartbroken about your separation. The last thing you need is to see your spouse’s runaway spending cripple you both with debt.
It feels unfair, doesn’t it?
It doesn’t need to be this way. Legal separation may be the solution for you.
Debt and legal stuff can make your eyes glaze over. But stick with it. Let’s resolve this issue in court.
Current Liabilities
If your soon-to-be-ex racked up a ton of debt in the run-up to your filing for separation, things get hairy. You’re on the hook for that in some states, even if you’re living apart. These debt collectors just keep coming, and honestly, the law doesn’t tend to see justice this way.
If it all does go wrong, your only hope is that you can show that your spouse was just being a manipulative mess and made a deliberate attempt to fuck you over financially. Those cases are tough to beat, unfortunately.
Potential Future Liabilities
That’s where legal separation can offer some protection. Depending on when the legal separation is filed, you may no longer be responsible for debts incurred by a spouse after the official date (though that is ultimately a decision that the Court needs to make – since New Mexico is a community property state, and debts are generally treated as Community liabilities).
Isn’t That Just One More Move Towards Getting Divorced?
Sort of, but it’s more complicated than that.
A legal separation is sometimes a precursor to divorce. But here’s why people sometimes go for that middle ground:
- You’re Not Sure: Perhaps “divorce” seems too final. A separation allows you both time to dip your toes in.
- Beliefs count: For some, faith or personal values makes formally ending the marriage a nope. Distance isn’t ideal, but it creates separation.
- Your partner just disappears: You can’t divorce someone you can’t locate. Separation can be a means of legally protecting yourself while things progress.
Seeking Expert Guidance
Each state has its own rules concerning debt and separation. You don’t have to fight this alone, and frankly, you shouldn’t.
A good divorce lawyer will translate your state’s laws and their effect on your finances. They’re not there to advocate divorce; they’re there to present the options and assist you in making smart moves.
Act Today!
If you feel that legal separation is an option for you, you have come to the right place. This is where you contact for The Law Office of Anthony Griego, LLC.
We know this stuff like the back of our hands, but even more importantly, we understand that you’re a human being, not just a case file. And, we cover a full range of legal needs, not just divorce and separation.
Schedule a consultation with us – let’s see what might work best for you here.
