I divorced last year and my ex-husband agreed to pay for the credit card debts ($10,000 joint and $30,000 under my name) on the divorce decree. My credit card debt was originally his because he convinced me to get my own credit card (I didn't have any) and then balance transferred all his debts to my credit card several years ago. Since he has not made any payment, I received a collection letter from an collection agency recently and have to respond in a few weeks. I can't afford to pay off the debts.

According to our divorce decree, "he shall take whatever reasonable steps are necessary to obtain a novation of the debt", but he has not done so. He has other debts, so his credit score can be worse than mine. Does anyone know if there's anything I can do for him to get novation?

My divorce lawyer suggested that he (the lawyer) calls the collection agency to negotiate "before it's too late" so that "I" can start paying it off in the next few years. He said that I can go after my ex for the money and lawyer's fee later (my ex's responsiblity on the divorce decree). He told me not to go bankrupt which I was beginning to see as an only option. Do you think I should follow the divorce lawyer's suggestion? Is going bankrupt worse than start paying off the debt which is actually my ex's responsibility?

grammadidi

I believe that your lawyer is guiding you in the right direction. If you have doubts, though, why not get a second opinion? I don't think that it would be out of line to ask for a second opinion in such a serious matter. It IS your credit rating at stake, here, and it will follow you around for a long, long time.

Hope this helps,
Didi

Cat Smith

Thank you Didi! Getting a second opinion is a good idea. I talked to a bankruptcy lawyer last year and she recommended bankruptcy.

The lawyers suggest the options which benefit them the most, so I want an opinion from somebody in the middle ground or somebody who went through a similar situation.
Anyone? I'd really appreciate your input!