We often meet with clients that are dealing with collection actions or lawsuits for debts that their ex-spouse was supposed to pay in accordance with their divorce agreement. If you find yourself in this situation, it is a good idea to visit a bankruptcy attorney in order to explore your options. At O’Bryan Law Offices, you can schedule a free consultation with one of our experienced bankruptcy attorneys today.
While bankruptcy may be the most efficient and cost-effective option of addressing these debts, it is also important to realize that you have legal rights against your ex-spouse for his or her failure to pay the debts assigned to him or her in the divorce agreement. Often, your ex-spouse may be held in contempt of court in family court because of his or her failure to comply with the agreement. This path can be costly and time-consuming, and depending on your ex-spouse’s financial situation, may not be helpful.
It is common for individuals to think that a creditor should not be able to collect against them for a joint debt if their ex-spouse was the one responsible for the debt per the divorce agreement. Unfortunately, the creditors were not parties to that agreement and still have a legal right to collect the joint debt from you or your ex-spouse.
If the joint debt is dischargeable in bankruptcy, you may be able to file a bankruptcy and discharge your liability as to the joint debt, leaving your ex-spouse as the only remaining liable party. Accordingly, if your ex-spouse filed a bankruptcy case and discharges his or her liability, you are the only one left liable and it may be in your best interest to file a bankruptcy case then as well.
If you are going or have gone through a divorce proceeding, you know that it can be a difficult and complicated situation. Make an appointment today to meet with one of the experienced bankruptcy attorneys at O’Bryan Law Offices in order to discuss how a bankruptcy can help reduce the stress during an inevitable stressful time.
Call us today at 502-400-4020 to make an appointment for a free consultation. We look forward to working with you and helping you navigate the complexities of Kentucky divorce laws.
