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This is why divorce attorneys, financial planners and credit counselors recommend that you leave your marriage with no joint debt.
By either paying off the joint cards together or dividing up the debt on joint cards and transferring it to cards in each partner's name, the goal is to remove your liability for your partner's debts.
If you are drowning in debt and can't extricate yourself, even with the help of a credit counselor, you may need to file for bankruptcy to get out from under your credit card and other debts.
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One way to be sure that no more joint debt is run up is to cancel all joint cards, says Lynn Gold-Bikin, chairman of the family law department at Wolf Block, a Norristown, Pa., law firm specializing in family issues.
"Cancel all the cards you're aware of and put them in your own name," she says.
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"That way, you protect yourself from having more debt run up.
You can resolve the question of how much your spouse is responsible for in equitable distribution." Equitable distribution is one of the last phases in the divorce process under which the distribution of marital assets and debts to each partner is finalized.
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Gold-Bikin recommends filing documentation with the court about the joint credit cards and the debt owed on them early in the separation to get it on the record, which is another way to prevent your spouse from running up debt that you might ultimately have to pay.
Ellen Craine, a lawyer and social worker who runs Craine Mediation in Farmington Hills, Mich., recommends that you work with your spouse to set a date after which agreed-upon portions of joint debt are to be transferred onto new cards in each person's name and joint cards canceled.
If not, get help from a mediator or a financial planner, which is cheaper than an attorney." The basics Debt incurred during a marriage is generally the joint responsibility of both parties, as long as both are co-signers on the credit cards, says Bill Glassner, a financial planner with Glassner Carlton Financial Planning in Cedar Knolls, N. "However, if the credit card is in one spouse's name but the other is just an additional cardholder, that spouse isn't responsible.Tags: Adult Dating, affair dating, sex dating