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TJ, Esq.
TJ, Esq., Attorney
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I need a release of financial obligation form for a divorce.

Resolved Question:

I need a release of financial obligation form for a divorce. I live in Georgia and she will sign divorce papers if she is not held responsible for outstanding credit card bills. Is there a free form online that I can use? I do not have money for a divorce lawyer so we have to do this without the attorney.
Submitted: 1 year ago.
Category: Legal
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for allowing me the opportunity to assist you.

To clarify, did your wife sign for the credit cards, or are they all in your name alone? If the former, have you spoken to the credit card companies about releasing her of liability?
Customer: replied 1 year ago.

There is one credit card in which we used to remodel the house, it is in my mother's name and we have been paying the bill. The other three are loans for two motorcycles and my truck. She signed these loans as well as I did.

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

You can release your wife of any liability for debts owed to you, but you cannot release her of liability for debts owed to third parties. Accordingly, only your mother can release your wife of liability for your mother's credit card. Similarly, only the bank can release your wife of liability for the two motorcycles and the truck. So, even if you present your wife with a document that states that you agree to be liable for all of those debts, it won't have any legal significance if she is sued by any of those third parties. In other words, your wife created a contract with the bank (not with you) to repay loans for the vehicles, so only the bank can release her of those obligations (you have no power to release her of those obligations). Does that make sense?

So, your wife will not get the protection that she seeks if you and she sign something stating that you are liable for all of those debts. Nonetheless, you can find the various templates you need for any property settlement agreement HERE. You can use the template to list the debts and state that you agree to be liable for them.

If you want the bank and your mother to release your wife, then she (or you) will need to get releases from them. It's possible that such a release is not necessary from your mother if your wife never agreed to repay that card, but a release from the bank would certainly be necessary, and they have their own forms for that (though I'll warn you that unless you income is relatively high, the bank will not likely release your wife).

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!

If you would like to direct additional legal questions to me in the future, then please type "To VAMD" in the subject line of your question.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 10012
Experience: JD, MBA
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TJ, Esq.
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JD, MBA