Q: How does the court carry out judgment for debt in divorce cases?
I am trying to go for a default divorce since we are in agreement and all that my spouse wants is for me to pay a particular debt to them. When I declare this debt that I will pay in my petition, will the court decide on the terms that I should pay this debt, such as a deadline? Will they enforce anything to make sure of my compliance in settling the debt once the divorce is done? Are my rights protected if I declare this debt myself?
A:
In California, when a debt is declared in a divorce petition, particularly in a default divorce, the court can formalize your agreement to pay the debt in the final divorce judgment. The terms of payment, such as deadlines and amounts, are usually based on the agreement between you and your spouse. If you both agree on specific terms and include them in your divorce paperwork, the court is likely to honor that agreement.
However, if the terms are not specified, the court may set them based on standard legal practices and the information available. It's essential to clearly outline the terms of debt repayment in your divorce documents to avoid any ambiguity.
Once the divorce is finalized, the judgment becomes legally binding. If you fail to comply with the terms of the debt repayment as outlined in the judgment, your spouse has the right to enforce the judgment through legal means, such as wage garnishment or levying bank accounts.
Your rights are protected in this process, as the terms of the debt repayment are agreed upon by both parties and approved by the court. It’s in your best interest to ensure that the repayment terms are fair and within your financial capabilities to avoid future legal complications.
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