What Happens to Shared Loan Debt When You Get Divorced?

If you find yourself in a situation where you can’t resolve your differences with your spouse, you may have to get a divorce. Getting a divorce can be quite emotionally distressing and can end up costing a lot of money. The best thing a person can do if they think they are going to get a divorce, is to obtain representation from a reputable attorney in the area. If you live in the Tampa area, locating a Tampa divorce attorney that has a great track record in court would be the first step to take. 

Advantages of a Divorce Attorney 


Utilizing a Tampa divorce attorney for representation is going to be a better option than dealing with a lawyer that doesn’t specialize. A divorce attorney is going to have an advantage, simply based on the volume of divorce cases they have been a part of. Divorce attorneys also have a much greater likelihood of knowing the judges in these types of cases, which can end up paying great dividends in the end. Getting a divorce can be a very confusing time, as each party is generally confused when it comes to dividing assets and debt. Most people are aware of the fact that when two people get a divorce, the assets and belongings they jointly own are going to be divided up between the two parties. However, the vast majority of people also have some sort of debt attached to their names. This may be in the form of student debt, credit card debt, or any other type of debt that may have added up over time. This debt is also to be split between the two parties, much in the same way that assets are divided up between the parties. The only exception to this case would be if the two individuals had signed a prenuptial agreement before getting married. This would essentially protect the assets and debts of each individual before the marriage, which the court would defer back to in the case of a divorce. 

Splitting up Loan Debt 


Each and every case is different and will be handled by the court accordingly, but you can generally expect that debts will be split up between the two parties in a variety of different ways. One party may have to take on the debt in a certain area, while the other party may absorb debt in another area. There are also specifications that deal with debt terms, which may bring in another set of variables to be considered by the court. An individual loan debt may be more or less burdensome than other types of loan debt that are shared between the two parties, which is one reason why loan debt needs to be worked out in the court. The two sides and their lawyers will attempt to negotiate and divide the debt amounts up in a way that is fair to both parties. 

Success in Court 


Dividing up loan debt is something that can inevitably have a huge impact on your financial future, which is why it is so important to hire a great lawyer. An attorney that knows what they’re doing will help you to minimize the amount of debt that you absorb in your divorce. At the same time, a great negotiator in the form of an attorney will likely help to smooth out the process and decrease the amount of time that is spent in court. Court fees can add up quickly if both sides are not able to come to an agreement, so make sure you do your research and locate an attorney that can represent you well in court. 

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