**This is a guest post from Sidney Terrell**
Couple undergoing divorce petition have severe emotional and metal complexities and financial liabilities can aggravate the problem further. The couples in the US file for divorce to tackle their financial issues instead of enrolling with a debt negotiation program. In order to evade their responsibility of paying off the debts they file divorce. But these couple might not be aware that their debts will be divided by mutual agreement or a judge's decree. The creditors might pursue both spouses for debts held jointly. But you are required to know the debts you might owe after separation.
Who is responsible to play off your joint debt?
You are required to pay off the debts incurred on card on your name only. Therefore, you are responsible for your debt that you have incurred on your credit card. In community property states, you are jointly required to pay off the debt incurred after marriage. Even after separation you are responsible to pay off your debts jointly; otherwise it might affect the credit report of both the spouses.
Know about the divorce decree:
The lawyer will review the financial record of the couple who have filed a divorce petition in the court in order to decide a fair financial settlement. According to the divorce settlement, it’ll be determined which spouse is responsible to pay off the debt incurred on the credit card during their conjugal life.
Can the creditor collect the debt from the spouse who is not responsible to pay it off?
According to the divorce decree, one spouse will be responsible to pay off the debt. However, the creditors are not compelled to abide by this judgment of the court. In case, a spouse who is responsible to pay off the debt declares bankruptcy, then the creditors can pursue the other spouse to collect the debt. In this situation, the spouse can request the judge in the court to compel the other spouse to perform his/her duty to pay off the debt.
In some case, the couple owes living expenses debt as well as community property debt on one credit card. It might further complicate the situation as it’ll not be possible to divide the debts that the couple bought separately.
Therefore, it depends on the nature of the debt you incurred on the card and when you have incurred the debt. You are only responsible for the debt you have owed before marriage and debt incurred on credit card on your name.