Re: Anyone out there with knowledge of debt and divorce in Wisconsin (Community Property State)?[ Edited ]
08-22-2012 03:47 PM - edited 08-22-2012 03:53 PM
I like most of what this article contains. I am concerned that the actual real-world results may be very different than what the Wisconsin State Bar thinks they SHOULD be. I read this article as an attempt to influence future litigation. It could take a bunch of articles, new laws, and new court rulings that set precedent in order to get anything to change.
The big concern is that this is still information on the rulings of the court that affect the two of you. The creditors are not a party to your divorce and can't be ordered to do anything without due process. If they sue both of you, you might use this law to ensure that the judgement bypasses you and names only your ex. That doesn't get this off your credit reports or eliminate going to court. It is going to take one of the better lawyers to argue this successfully. I have to believe the intent of the law is to define what can be done during the divorce and what statements can be in the Judgement of Dissolution (or your states equivalent). The language of that judgement is up to the attorneys involved in the divorce.
BTW, I would think any language in the origninal court documents is irrelevant. They meant very little and only that for a short time.
I think that any debt your ex incurred before the date specified on the Judgement of Dissolution (or your states equivalent) is going to haunt you. If I was going to spend money on a lawyer, I would think about returning to court to correctly specify the correct date for the end of the marriage. They might call this date of separation or the date the marriage ended but you want this to be the date that the two of you separated you finances.