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Does he have to pay her credit card debt once divorced?

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Anonymous Asked:

After 4 years of separation with very little contact (and no legal separation agreement), son's wife wants to proceed with divorce but is claiming mental cruelty. They were a couple with very little possessions, no property to divide up. she told him to leave and he did so with only the clothes he owned, never asking for any property accumulated during 2 1/2 years of marriage (which wasn't very much). She is also demanding credit card debt be paid by him during marriage (card is in her name only - his name not on credit card contract at all), but charges were incurred for both of them during marriage. He has agreed to divorce, but wants to consider uncontested approach, divide cost in half, and be done with it. Does wife have valid accusations? Does he have to pay her credit card debt once divorced? They both work at low-paying jobs so getting lawyers involved would seem out of the question. No children from marriage.

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Your question is “does wife have valid accusations.” In short, that question requests legal advice which is not provided in this forum. I can advise you that it is extremely rare for one party to claim a divorce based on mental cruelty, as this is a more expensive process then simply obtaining an uncontested divorce, and it is also harder to prove. Your son cannot stop her from using this ground, however he can defend against it and make his own claim simply seeking a divorce based on the parties living separate and apart for one year or more.

In terms of property issues, I would need to speak with your son to obtain full information. However, as a matter of general theory she is entitled to make a claim for an “equalization of net family property.” However, based on the short term nature of the relationship adjustments can be made that do not result in a simple 50-50 sharing of all assets and debts. If your son wishes to contact me at 866-557-3222 I would be pleased to provide him with proper guidance once I have been able to ask him some questions.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Andrew Kania for a free consultation).

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