any divorce lawyers? need informal advice...

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  1. * disclaimer..I am not looking for professional legal advice...just want an opinion*

    friend is divorcing her husband of 5 years b/c he cheated...hes now claiming that as part of the "settlement" that she pay half his student loans...her name isnt on the loans...but while they were together the loans were paid through a joint bank account they had set up together....is she legally obligated to help him pay for his loans still?? they dont have lawyers, yet. they are trying to settle outside of court...any opinions would be appreciated.
     
  2. I'm not a divorce lawyer but I used to work with a lot of them in Florida. Let me tell you, they are MUCH better off if they can settle this amongst themselves and not spend a ton of time and money on lawyers. The last case I recall the woman spent about $100k on legal fees and only made $50k a year. Divorce lawyers will rob you blind if you're not careful. Don't get me wrong, they aren't all like that, but a lot of them (at least in Florida) are.

    I know in Florida the courts had the rules that they used to determine equitable distribution and child support, etc., posted in the courtrooms on the wall. That is what the judge would listen to the testimony and go through. Your friend I would think should be able to find the correct statutes and rules for her state where she lives and check it out.
     
  3. I think the important factor is whether the loans were taken out while the couple was married, or whether he had them before they got married. As mentioned before, each state has its own rules as well.

    This is not legal advice.
     
  4. 5 Years isn't alot of time in a marriage for him to want her to pay HALF of his loans......lol...what a jerk....usually the longer a marriage is, the more it gets complicated, around the 10 year mark. After that, it's a grey area, that would depend on their circumstances. If he was 100% supported by her, it could also be different. If its a no-fault divorce state, like in FL, its basically 50/50....then again, depending on the length of the marriage....

    (opinion based on experience, lol.....)
     
  5. I think the biggest factor is whether your friend is in a marital property state or not. She can probably do some of her own research. I would suggest going to a local public law library (usually the local courthouse has one no one knows about) or law school's law library; ask a librarian to help find the relevant stats.

    Also, there is a nice series of legal books for non-lawyers called NoLo ... I think they have a divorce book; however, it may provide some good general stuff, it won't get into the state specifics.

    HTH. Also have her check out local free legal clinics. Call the nearest law school or public library; they usually know the hours/locations.
     
  6. What she needs is real legal advice ... if she knows where to look, she will hopefully be able to get some for free.
     
  7. The op is banned????
     
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