# Is there a divorce checklist?



## Marie77 (Apr 10, 2019)

I think I'm ready to leave my bad marriage and file for divorce. I'm clueless though.

We have a joint checking account, 2 joint car loans, a joint furniture account and a joint appliance's account. He has one $1500 tool bill that's in his name only, and I have a credit card with an $11,000 balance that built up over the course of our marriage. It was at a $0 balance when we met! 

His income is only half of mine. We live in a house that my father owns. So we don't own property.

How do I do this properly? He takes his car and refinances out of my name, I do the same with my car? Is there a reasonable time frame for that? And this credit card that's in my name... he alone charged well over half that balance.

How do I make him responsible for paying at least 1/2 the balance when it's only in my name and it's been my card since we'll before we even met. Again, all charges occurred after we married. I can prove that. Can I even do this? What's the process and what steps do I take?


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## Married but Happy (Aug 13, 2013)

Retain a divorce lawyer. Or find a mediator, and work it out. There is rarely one right answer to these things, and negotiating an agreement is usually better. Is the credit card debt for your benefit, or is it all mutual benefit - the answer to that may provide the fair solution.


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## turnera (Jan 22, 2010)

Honestly, $10K, even $15K in family debt is nothing compared to the debt you'll rack up in a marriage. If you're done, just make it happen.


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## Broken_in_Brooklyn (Feb 21, 2013)

Marie77 said:


> I think I'm ready to leave my bad marriage and file for divorce. I'm clueless though.
> 
> We have a joint checking account, 2 joint car loans, a joint furniture account and a joint appliance's account. He has one $1500 tool bill that's in his name only, and I have a credit card with an $11,000 balance that built up over the course of our marriage. It was at a $0 balance when we met!
> 
> ...


You need to see a lawyer on how best to proceed.

Assume the judge will split roughly down the middle. It is not your job to make him pay his share of the credit card debt. The judge will simply order his share be put in his name and then not your problem any more.

Divorces can get ugly, petty etc. Is he on board with it or will he fight you every step of the way? Not that it matters legally. You want a divorce, you get a divorce. It is that simple. But a cooperative one is cheaper and less stressful that a ugly battle. 

Either way you need to speak to a few attorneys to get started. You should certainly cancel l all joint credit cards so the balance does not continue to climb. As far as the autos the finance company owns them so they really don't belong to either of you until they are paid off. They judge will probably give you each your own vehicles as equity and re-assign the outstanding debt individually. 

Assume the furniture and appliances get split done the middle including the outstanding dept. 

It may not seen fair that you earned more during the marriage therefore you should have more leaving it. But the amount of money you are talking about divorce wise is not really a lot and you don't want to annoy the judge. Just remember that if it appears you are giving him approximately half the judge will like you more and see you as agreeable. That goes a long way if your husband tries to make the whole process miserable and drag it out. You want the judge on your side.


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