What to do with marital debt after a divorce?

Marital Debt

After your decree of divorce is signed by the judge and becomes final, what are your options in regards to the debt you are required to take care of?

To answer this question you need to read your decree to see if any of your debt obligations are couched in a way that sounds like they are really alimony or child support. Such as, “in the form of alimony, the Petitioner shall be required to pay the mortgage of $???? till the debt is paid.” All debts from a divorce except “domestic support obligations” like alimony and child support may be discharged in bankruptcy.

Thus, as long as your debt is not tied to some domestic support obligation you can dump it regardless of whether your decree says you are the one responsible for paying it. Your ex will probably find out about your bankruptcy and be pretty upset. Your ex may file an Order to Show Cause, but the judge can’t do anything to punish you for not paying it despite the decree requiring it. Why? This is because the federal bankruptcy “preempts” the power of the state district court and the court cannot hold one liable for failing to adhere to the decree where the failure relates to something the bankruptcy code says they don’t have to pay anymore. Were it otherwise the divorce decree would actually have more power than the bankruptcy code and that simply can’t happen.

Make sure that when you are shopping for a family law attorney that he or she understands, or has another in the office that does bankruptcy. If they don’t it is likely the attorney will mess with your divorce in a way that could punish you later.

Arnold, Wadsworth & Coggins has attorneys that do bankruptcy and family law together. We are well experienced in both and can avail you of the loopholes to help your situation.

Call today 801-475-0123 for a free no hassle consultation for bankruptcy or family law and divorce with Matt Wadsworth.

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Deven Coggins and his paralegal Holly Ranger have done a great job helping me through my whole custody battle. I am a person that would rather get told the truth than just do whatever and go blindly. Deven, always gave his honest opinion and was not afraid to be straight forward. He had my best interest the whole time and fought very hard for me and always keeping our integrity intact. In that results as we stand I have full custody of my daughter. Highly recommend these two to anyone wanting a no Bs kind of lawyer.
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I’m beyond thankful for the exceptional service I received from Brian Arnold. From day one, he showcased a deep understanding of family law and a clear commitment to my case. What truly stood out, however, was his remarkable ability to negotiate with the opposing counsel and secure an incredibly favorable resolution when it seemed like a tough situation. Throughout the process, Brian was thorough, transparent, and always kept me updated. He balanced assertiveness with empathy, ensuring that my needs were met without unnecessary stress or conflict. Thanks to Brian's negotiation expertise, we were able to avoid a prolonged legal battle and achieved a result that was far beyond what I had hoped for. I’m so relieved and pleased with the outcome. If you need a family law attorney who is not only skilled but also genuinely dedicated to achieving the best possible result for you, I can’t recommend Brian Arnold and his team enough. You’ll be in excellent hands.
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I can’t thank Brian Arnold enough for the support and guidance during my divorce. From the beginning, him and his staff worked tirelessly to find a resolution that was fair and in my best interest, without the need to go to court. Their expertise in negotiation and mediation was evident, and they made what could have been a stressful and contentious process much smoother. If you’re looking for a divorce attorney who can handle things efficiently and effectively without the added stress of courtroom battles, I highly recommend Brian Arnold and the Arnold, Wadsworth & Coggins legal team.
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I couldn’t have asked for a better team during a challenging time in my life. Arnold, Wadsworth & Coggins and its staff provided expert legal advice and compassionate support throughout the entire process. They were clear, responsive, and always had my best interests at heart. Their professionalism and empathy made a difficult situation much easier to navigate. Highly recommend them if you’re looking for top-notch legal representation.
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I can’t thank Brian Arnold and his team enough for their support during my highly contested divorce. From the very beginning, they were professional, understanding, and extremely knowledgeable about every aspect of the case. The process was emotionally draining and complicated, but Brian and the team guided me every step of the way, making sure I understood my options and what to expect. Despite the challenges, they were able to negotiate a favorable settlement that protected my rights and helped me move forward with confidence. I always felt like they had my best interests at heart, and their attention to detail was impressive. If you’re facing a tough divorce, I highly recommend Brian Arnold and the Arnold, Wadsworth & Coggins team. They made a difficult time much easier to navigate, and I’m truly grateful for their expertise and support.
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I’m very pleased with the service I received from Brian Arnold in handling my traffic citation. Brian quickly assessed my case, provided clear guidance, and worked efficiently to have the citation reduced, saving me both time and money. Brian and his staff kept me informed throughout the process and handled everything with professionalism. If you’re dealing with a traffic citation and want a hassle-free resolution, I highly recommend Brian Arnold.
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I cannot recommend Arnold Wadsworth & Coggins enough. I was facing a serious and complex legal matter, and the team at Arnold Wadsworth & Coggins provided exceptional support every step of the way. Their expertise, professionalism, and clear communication helped me navigate a difficult situation with confidence. They were responsive, thorough, and truly dedicated to achieving the best outcome. Thanks to their hard work and strategic approach, I was able to reach a resolution that far exceeded my expectations. If you're dealing with a serious legal issue, Arnold Wadsworth & Coggins is the firm you want on your side. They combine expert legal knowledge with compassionate client care, making them stand out in their field.
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Brian Arnold helped me with my criminal case. He got me a plea in abeyance and the charge expunged so it's no longer on my record. Brian is an amazing attorney and I definitely recommend working with him.

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