2012: How do You Notice Creditors That You are Separated for Application of new Credit in a Divorce or Legal Separation in San Diego?
Many who legally separate or divorce in San Diego are very concerned about their credit. San Diego is a diverse locality in terms of population, and people belonging from different ethnic and social backgrounds reside here. Laws and regulations belonging to the states and countries of different regions differ a lot from each other. So is the case with family laws involving marriage, divorce, legal separation, and paternity. A common issue during a divorce or a legal separation case in San Diego is that the creditors may keep a close eye on both the parties pursuing a divorce once the petition is filed as this is public knowledge. The question that arises here is that if you are already separated from your spouse, how will the other spouse’s application for new credit during a divorce or legal separation expose you to legal liability. How will you alert the creditors that you do not even know their names? The Law Office of Doppelt and Forney, APLC offers a confidential consultation up to 30 minutes to discuss this issue and other family law matters. An appointment can be set by calling 800-769-4748.
Incurring a new debt in San Diego can be a very common issue while a divorce or a legal separation case. In most of the cases of divorce or legal separation, the one reason may be that one [or both] of the spouses is involved in applying for new credit and incurring new debts or credit payments, which the other spouse doesn’t know of or didn’t agree to either during, of after, the marriage. Financial disagreements on spending and credit and debts are some of the common reasons which result in marriages being ended. When two people marry each other, the law in San Diego considers each other as a couple in front of the whole world. Creditors consider issuing new credit based on their ability to repay and this can include the spouse’s credit and debts. In many cases, creditors might also consider marriage being a reason for the grant of new credit depending on the credit worthiness of the new spouse. Creditors may also offer the credit to the spouse who isn’t working, on account of the working spouse credit history, score and income. A common question that arises here is how a spouse can terminate their liability of being involved in a new credit after the date of separation since alerting all the creditors across the globe that now you aren’t liable for paying any community debt is impossible.
In such cases, for matters in San Diego, the only way of alerting all the creditors that they shouldn’t rely on the community for any repayment, or contact individual lenders, is to file a legal separation or a divorce. This is one legal strategy for protection of rights and why a divorce or a legal separation needs to be filed for notice that the community is no longer together as the filing is notice to all that the community is no longer together. This is akin to when there is a marriage license and notice to all of the community. While the community may not be liable for repaying the debt; the community may still be liable for paying some amounts of debt beginning from the separation date till the judgment date. Such liabilities or debts may include payments for the necessities of life, such as food, shelter, clothing, and medical treatment. However, these liabilities are terminated when the legal status of husband and wife ends after the judgment date. However, there can be a case in which these liabilities might even remain in action if an order was made from a court trial, or legal separation or marital agreement. If the debt was incurred from the date of marriage through the date of separation, even if the debt was confirmed to one spouse in the settlement agreement or court order, the creditor will still be allowed to pursue collections from both spouses unless the creditor was joined to the family law case which is very infrequently done.
These debts can include payments for the usage of drugs, spendings on gambling, luxuries, or even a new boyfriend or girlfriend while being married to someone else. The can be many other purposes for such expenditures, as well, such as food, housing, clothing, insurance, gas, and many others. For the past several years, different casinos of San Diego county are issuing credits for gambling to different spouses. However, it is a separate debate that these gambling debts are to be considered as a separate debt or a community debt. So is the case with gifts valued at over 500 dollars or for a new boyfriend or girlfriend. As with almost all in Family Law Court, the Judge has discretion in their orders.
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 call Doppelt and Forney, APLC for a complimentary virtual consultation. Having an experienced family law attorney discuss your individual case can give you information you need to make the most intelligent and informed decision.