Dealing with Credit Card Debt during a Virginia Divorce

Posted on Aug 4, 2010 by Hofheimer Family Law

Credit card debt is a problem that plagues many people throughout the United States. However, if you are going through a Virginia divorce, dealing with credit card can be even more difficult. If you have a credit card in your name, but your spouse ran up the charges, there are a few solutions that can help you free yourself from debt.

Unfortunately, credit card companies do not care who spent the money; they only care about the name that is on the credit card. While you cannot switch the account holder name from your name to your spouse’s, your spouse may be able to open a new account in his name and transfer the balance from your credit line to his. However, this may only work if you are on good terms with your spouse and he is being particularly cooperative in the division of property, including marital debts.

You may also file a claim in small claims court in order to get the money from your spouse to pay off the credit card. Filing a claim is relatively simple, and costs very little money. If you can prove to the judge that your spouse was responsible for the charges on your credit card, you may get a ruling in your favor. One of the disadvantages of filing in small claims court is that there is a limit to the amount you may be able to win.

If you are dealing with splitting up assets and debts in a Virginia divorce, learn more about the division of property by visiting our article library.

Don’t let debts overwhelm you; speak to an experienced Virginia divorce attorney about your rights. There are very specific rules governing divorce in Virginia. At Hofheimer Family Law Firm we are committed to providing you with the experience and compassion you deserve and the successful results you need to move on with your life. Request a FREE copy of our guide, What Every Virginia Woman Should Know About Divorce, or reserve your seat at our monthly divorce seminar – 757-425-5200.