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2012: How do You Notice Creditors That You are Separated for Application of new Credit in a Divorce or Legal Separation in San Diego?

In San Diego, in either a legal separation or a divorce, incurring new debt can be an issue. Many marriages which end in divorce or legal separation are for financial reasons such as one spouse incurring debt which the other spouse either does not know or disagreed with. When persons marry, they hold themselves out to the “world” as a married couple and creditors in issuing new credit rely on the community’s ability to repay. The marriage status, itself, can be the reason for the granting of new credit. Many creditors will extend credit to non working spouses on the credit of the working spouse. The debt can include loans for many purposes. Since it is impossible to notice all creditors in the “world” that you are no longer responsible for community debts, how can you terminate your liability for incurring new credit post the date of separation? In San Diego, the only way is to file for a divorce or legal separation as the filing is legal notice to creditors not to rely on the community for repayment or to contact each individual lender. This is why, in a case where a concern is the incurring of new credit, the petition for a legal separation or divorce needs to be filed immediately.

While the community may no longer be liable for all community debt, there are still debts for which the community will be liable for from the date of separation to the date of judgment. These include what are commonly referred to as the “necessities of life”: food; clothing; shelter and medical treatment. After the date of judgment and termination of legal status as husband and wife, this terminates unless otherwise specified in a marital or legal separation agreement or a Court order.

Incurring debt can include for drug addition, gambling, spending for luxuries or even on a new girlfriend or boyfriend when married to another or for many other purposes including many legitimate such as housing, food, clothing, shelter, gas, insurance and many others. Within the past several years, casinos have been operating in San Diego County and issuing credit to spouses for gambling. The issue of whether a gambling debt is community debt or separate debt is a different issue as is gifts over $500 for a new boyfriend or girlfriend or for other reasons.

If you need assistance with legal strategies to protect your rights and try and obtain your legal goals by retaining a lawyer or attorney, please feel free to contact us for a complimentary consultation.

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