Once a couple marries, the parties are considered one party for purposes of debt. If one party assumes debt that the other party is unaware of, it is still considered community debt. Since it is community debt, both parties are responsible for such debt at the time of divorce.

Even if the credit card debt is in one party’s name alone, if the debt was acquired during marriage, both parties are responsible for the credit card debt. At the time of dissolution, when there is joint community credit card debt, the court can take a couple of approaches. The court can order one party to pay for the debt as part of their liabilities during marriage; the court can order each party to pay for half of the debt; or the court can order that each party be obligated for half of the credit card debt. When an attorney is involved, they will try to divide the debt in the easiest way, including each party being responsible for certain credit cards. Therefore, it is important to consult a knowledgeable family law attorney when credit card debt is involved.

Wallin & Klarich has more than 30 years of experience in family law. Our attorneys know from long experience in divorce cases, and are prepared to fight to get you the best possible outcome. With 16 attorneys in 33 offices throughout Southern California, we can be there when you need us — wherever you are. If you’re thinking of hiring an attorney for a divorce, call us today at 1-888-749-7428.