New here, 1st post. I have only one problem with my divorce so far.
I've gained 50% custody w/o the help of an attorney, I've gotten my daughters schooling figured out, I've gotten our taxes figured out for the rest of my daughters 15 years, I've gotten a right of refusal clause written in, I've gotten a 50/50 split on all schooling debts written in, Holidays are all figured out, and the house is mine........ I’m stuck with all the marital debts so far since August………………
From what I can tell marital property and marital debts are what I'm lacking.
The marital property section, I could care less about, hell I can replace anything she gets in a minute anyway. However, the marital debts is what has me wondering... I've read online about Wisconsin's marital debt laws or clauses whatever you call them. They are really pretty clear ----- or are they? Our debts go something like this:
mortgage 2nd mortgage (which includes both weddings, and her delinquent credit card debts that we put on the house, only because we have our current house on the market and I knew I would need her credit to purchase a new home) new car old car credit card credit card
Now this is what I've read:
Some of your creditors will allow you to transfer or eliminate one spouse for the debt responsible, but this is not the case for all. You both will be instructed by the court to pay a certain portion of the debt and it is assumed that both spouses will do so in a fashion not to incur penalties and harm each other’s credit history. There are steps you can take to help protect yourself from such harm by including a clause in the settlement agreement. If the clause is broken you would have the right to take legal action against your ex-spouse. Then this nice piece of information: if your ex-spouse decides to file for bankruptcy, your stuck with all the debt.
Now according to this all debts will be split evenly. Do I read that correctly? And by saying that in this way do they mean after the mortgage is removed? Because in all fairness to my ex (forgive me here for giving a crap) its kind of a kick in the teeth after I get the house and the house debt and she takes every other piece of debt we have.
Now assuming we made relatively the same amount of money in this given 18 months of crap marriage (relatively speaking I made approximately $3,000.00 more than she did). How does all of this play out? Assuming someone can actually tell me without any numbers……………….
Now here is the twist…………her parents financed her a car in her parents names. She is using that as leverage telling the attorneys that she can not pay for one of our two vehicles because she already has a vehicle payment. She already has an apartment payment and all the bills to go with living alone. Including child care payments on her weeks of placement. And the next twist………..she has started a 2nd job (which by all means is the funniest thing I’ve heard in this crap life she has chosen), and she is currently on vacation in Cancun with her new man that she cheated on me with. And my final twist……….I do make more money than she does, my sister is her childcare provider, I have both of our vehicles in my possession, I’ve owned the house since 2001 (the value of the property has almost doubled since, but lucky for me I had it appraised prior to marriage so I guess I‘m entitled to that amount, which leaves her with a mere $4,000.00 of appreciated value), one of our cars is in only my name (but purchased 10 months after the marriage)…………..sounds good for now……
So I guess I’ve got a lot going on in this little crap divorce and post. I’ve got a lot of questions in here. Let me wrap them up………….:
How does marital debt work in Wisconsin? In English if you can………… How does she get out of marital debt and take a vacation? How do I get her to take ˝ or all of the 2nd mortgage amount since its holding you know the weddings and her delinquent debts?
Wow, that’s enough for tonight. If someone has an answer to my insanity here please help a fellow out.
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