Family Law Questions? Ask a Family Lawyer Online.
Marital debts are those debts either spouse incurs during marriage, again without regard to whose name the debt is in. Debts are also allocated equitably in Colorado, which may result in an allocation which is equal, or one where the higher income earner assumes a greater responsibility, or one where the party who incurred the debt incurs a greater responsibility.
Any "marital debt" that isn't paid by the party who owes it (for example credit card debt,debt to the hospital), can be collected against both spouses. Any creditor may sue the party(s) who owes the debt. Your daughter MIGHT end up being sued for his hospital bill or for credit card debt (if she was a signator on the card). And, if he ends up going bankrupt under Chapter 7, his debt may be discharged. However, your daughter MAY be sued for any "marital debt" that is owed.
Your daughter absolutely needs to speak to an attorney who specializes in family law in the county in which she resides. Below is a link to the Colorado Bar Association on-line attorney referral. She may be linked to an attorney who can speak to her in person or by phone. Sometimes, an initial consultation may be free or at a minimal cost. She can discuss the specific facts of her case, evaluate her options and decide how to proceed.
There doesn't necessarily have to be a custody or visitation battle because there is a divorce. BUT.....she needs to protect herself from the DEBT!
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