Re: Anyone out there with knowledge of debt and divorce in Wisconsin (Community Property State)?[ Edited ]
08-21-2012 08:58 AM - edited 08-21-2012 09:35 AM
I have no familiarity with WI community property laws but quite a bit with another community property state. I am assuming they are similar.
In general, you and your ex were one financial entity until the date the marriage ended. That means you are responsible for each other's debts before that date. Your final divorce documents should say something like "the marriage began on 1/1/2000 and ended on 2/1/2010, a marriage of 10 years and 1 month". In that example any debts incurred after 2/1/2010 would be individual debts.
The divorce documents may also spell out certain community debts that are the individual responsibilty of each party. The creditors do not care about this as they were not a party to your divorce. If your ex does not follow these orders, you can sue her or bring her back to court for violating the court order. You can't use this to tell creditors what to do as they won't care.
I'm going to make a wild guess and say that your court used the date of the document for the date the marriage ended. Your attorney should have written this up to use Date of Separation as the day the marriage ended. I'm not going to guess what your state calls that document but it will probably have a title that refers to "Dissolution of Marriage". Look at it and we can go from there.