If you are debating whether or not you need to go through the entire divorce process and get a legal divorce, this article will explain some benefits to becoming legally divorced. The three biggest benefits for legal divorce include the division of assets, future separate property, and future community property.
DIVISION OF ASSETS
By filing for divorce, this gives you a chance to ask the judge to split up both the property and debt that you and your spouse accumulated during your marriage. This can be very beneficial to you because this allows you to explain to the judge why certain debts that piled up during the marriage should be divided in a “just and right” way. If your spouse built up a lot of debt during your marriage that you were unaware of or did not benefit from, filing for divorce is your chance to explain to the judge why it wouldn’t be fair for the debt to be divided 50/50.
Another benefit is that once the divorce is finalized, you will not be liable for any debt accrued by your ex and creditors will not be able to come after you if the debt was established after the date your divorce was finalized.
Again, by getting out ahead and filing for divorce, this allows you to explain to the judge why certain property should be considered your own separate property. There are certain categories that are considered separate property by default such as personal injury settlements and property that was gifted or devised to you. Any other property is considered community property and would need to be split your ex unless you can explain to the judge why it should be considered your separate property. Common examples of property include houses and cars. Once you get a judgment in your favor that your house or your car is yours alone, then you would have the legal right to refinance your house or care so only your name is on it. On the other hand, if you and your spouse agree that your spouse will be responsible for the house or a car, then you can ask the judge to require your spouse to refinance the house or your car so your name gets taken off the property and then creditors can’t come after you.
Making the first step of getting legally divorced can be very beneficial for you because it allows you to ask the judge to divide both your property and your debt in a “just and right” manner. Once you have a formal agreement in place and the judge has finalized the divorce then you won’t have to worry about being responsible for continuing debt or trying to rely on your spouse to continue to make timely payments on property that has both your names on it. Getting a legal divorce can be a simple process when you have the right attorney and then it can give you a lot of peace of mind.