Question #63

I have been married for four years in New York. Two months ago my husband left me he is now living with his parents. I am curious about how you go about filing for a legal separation and then a Divorce. Also, I have student loans that were acquired before the marriage is he responsible for those payments? We also have a car loan and several credit cards that are primarily in my name with him as a cosigner. We have called the credit card companies to see if we can change the bill to his name, and they will not do it. He has tried to get a loan in his name to consolidate these bills, but they will not give it to him because of bad credit. What can I do so that I am not left with all of the debt? Also, if I were to find out that he was with another woman that is adultery, and how is that different from abandonment?

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Question #168

My husband has asked for a divorce. After some significant damage to my credit due to my ex’s financial irresponsibility, I am seeking a legal separation until the divorce is final (which may be a while). I understand that the legal separation will not remove my name from accounts, but can I use the legal separation to prevent or remove missed payments and defaults from hurting my credit further? The vast majority of our debt is my husband’s debt, but some of it is in my name. If the legal separation stipulates he is responsible for the debt, regardless of whose name is on the account (credit cards mainly), can I still be held accountable for payments that he misses or makes late to accounts that are in my name? Will a legal separation do me any good? Is it worth paying the extra legal fees for the separation? Thank you for your help! [Continuation of the previous Question] Thank you for the information, but I have just one more question for you. I understand that my name will not be removed from the loan and credit cards, and when my husband pays the payments late or not at all, it will go on my credit unless I pay the amounts myself. My question is, can I take a legal document, i.e., legal separation or divorce decree that states I am not responsible or liable for the debt to the credit bureaus and have the late or missed payments removed from my credit report? Is there any way to protect my credit without having to just pay for everything my self? I was told the only way to protect my credit truly is to pay off the debts myself and then sue my husband to be reimbursed for the money. Is that true? Thank you for your time!!!

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Question #239

Hi, I live in NYS. My wife and I have been married for 23 years, and we started legal separation proceeding in the past month (Nov 14th). We use the same credit cards, checking account, etc. If, after Nov 14th, she goes out and purchases items (computer, shoes), takes excessive money out of the bank account, may I responsible for 50% of these costs? These items are not needed for home etc. 

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