Serving Santa Clara County

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How do my spouse and I separate debt during divorce?

Property, asset, and debt separation are important components of all divorces. In some divorces, the couples may have accumulated debt, making it necessary to separate this debt. Separating debt is based on the idea of community debt and individual debt. Debt that was accumulated after the marriage is considered community debt and will generally be split fairly between spouses. On the other hand, debt that was accumulated individually, before the marriage, will be the responsibility of the person who had the debt before. To make sure that your rights are represented fairly in court, be sure to consult with an experienced attorney about the proper way to separate debt and property.