Re: Divorce & CC's
03-03-2010 07:28 AM
I feel your pain and am sorry for your situation.
It is very normal for both people in a divorce to feel like they are getting screwed and the other is making out much better than they are. Going from one household to two and wasting all the money on fees makes it very difficult for each person to feel like they have received their fair share.
Laws about debt before Date of Separation will vay by state. However, it is likely that "what she has charged up in the 18 months prior to her filing (approx $30K)" is BOTH your debt since it will likely be determined to be prior to separation. You probably feel that she knew that a divorce was coming so she spent excessively. This might very likely be true, particularly since she filed. Unless there was some big event that might move Date of Separation before the date she filed, that debt is likely to be Community. THIS VARIES A LOT BY STATE. You should get the section of code that defines DOS for your state and review it unless your attorney has already talked to you about this. Even if you have a good case to make DOS before her charges, it is unlikely worth arguing about for $30K, as sad as that is. At least any personal property in those expenses will go to her in the Property Settlement.
If there is a court order for Temporary Support for $5,000 per month, it is likely that the $30,000 in "her" debt that you are paying will seem fairly small by the time you are done.