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How debts may be divided during a divorce

Divorcing couples spend their time discussing many things during the divorce process. Depending on the length of the marriage and how the couple chose to spend their money while together, they may have acquired quite a bit of property and assets during the marriage that they will now have to divide between the two of them. They could work together and figure out what each person will walk away with, but if any disputes occur, they will have to let a judge decide for them. The same thing can happen should a couple have debts that need to be paid off.

Many spouses may try to get the courts to award them more property and assets than the other, but when it is time to discuss debts, it may not be something that they want to address. There are a number of ways that the courts will decide to divide debts between spouses. Should there be debts that the couple have created together, such a household expenses, they both will be held responsible for it and each spouse will pay off an equal amount of the debt.

In some cases, if it is obvious what debt belongs to which spouse, that spouse will be responsible for it. A good example of this is if one spouse was a gambler and has a debt from this activity. It was their choice to gamble, so they will be the one to pay off this debt and any other debt they have as a result of certain individual activities.

There is a lot that can occur after a couple has decided to end their marriage and go their separate ways. Divorce is already difficult enough without having to discuss property division, but if couples have property and debts, it cannot be avoided. Anyone considering divorce will want to contact an attorney, as they may be able to answer any questions you have about property division and assist with the divorce process.

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Aaron & Aaron
133 Thomas Green Blvd, Suite 202
Clemson, SC 29631

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