Divorces and Debts in Virginia

There are many misconceptions about a divorce decrees and how they apply to individuals that are no longer married. One of the more common ones is that after hiring a lawyer, the case is over, and the decree is finalized that individual obligation to creditors for joint debts are entirely resolved. Virginia is no different than most states in this respect since it is a communal property state. Therefore it seemed important to provide individuals with this knowledge to know the legalities if a debt collection company calls after a divorce decree is final.

The most important piece of information is that the decree is between two individuals and has nothing to do with the creditor. Therefore while as a married couple, if a bank issued a line of credit under one individual’s name, the bank is going to will likely attempt to collect from that individual. This is true even if a divorce decree states the spouse is responsible. The decree is a civil document between you and your spouse and does not directly impact the lending institution. A bank has every legal right to collect on money lent. Likewise, you have every right to sue you ex-spouse if the divorce decree is not honored and a portion of that decree including payments to that creditor.

Unfortunately, after a divorce is completed in Virginia that does not always eliminate other surrounding issues. That is why it is important to understand that even though it might not seem fair that creditors are contacting you to collect debts, most likely they are legally able to do such until it is paid off or unless you notify them in writing to stop. However, use caution when sending a letter to a collector telling them to no longer make contact. If possible, that collector might then simply file a law suit to collect the money.

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