WASHINGTON DEBTS IN
DIVORCE
As part of an action for
the dissolution of a marriage, the Court must
determine the division of the parties debts and
liabilities. The standard the Court uses is
not necessarily and equal division of the debts,
but a fair and equitable division, considering
all of the circumstances.
The Court will usually
order one party to pay a debt, and indemnify and
hold the other party harmless from the
responsibility of the debt. This order
however, is between the two parties only, and
does not effect the third party creditor.
That means that if the obligated spouse fails to
pay the debt, the creditor can still come against
the released spouse in collection. If this
happens, you have a right to get a judgement
against the obligated spouse and collect your
costs.
The Court will consider
many factors in dividing the debts, including the
length of marriage, the economic circumstances of
each party, the terms of spousal maintenance, if
any, and any other relevant factor.
A family law attorney can
advise you on what debts are subject to division
and how they can be properly divided to protect
your interests.
Our
firm consist of three lawyers, Peter W. Mogren,
Ronald E. Glessner, and Ruth A. Roti. Our
emphasis is in family law, wills and probate, and
personal injury. Please click on the topics
above for details about these areas of practice,
including divorce, legal separation, property
division, child support, spousal maintenance,
parenting plans, modifications, paternity,
adoption, wills, Community Property Agreements,
Durable Power of Attorney, and probate.
Our
firm is conveniently located in Renton, King
County, Washington, just off the freeway at the
intersection of I-405 and I-167. Our
attorneys represent clients throughout the State
of Washington, including the communities of
Renton, Kent, Tukwila, Seattle, Bellevue, Auburn,
Maple Valley, Federal Way, Des Moines, Burien,
SeaTac, Enumclaw and most of south King County.
The
free information contained in these pages is not
intended to be legal advice, and does not create
an attorney-client relationship. You should
always consult with an attorney before taking any
action. Feel free to contact us at 425-255-4542.
