
Family Law Debt
We are not family lawyers. We do not handle divorces, custody, or temporary orders. We are debt lawyers. We focus on the financial aspects relating to dissolution. We can help you to cooperatively discharge debt prior to divorce if you are amicable with your partner. If it is ugly, then we can take all necessary steps to protect you. We can help you to avoid debts or to keep your ex partner from escaping their liability. We typically work in tandem with your family law attorney or help you directly prior or after dissolution. Call us to see how we can help.
Family Law Debt Attorneys
Our focus is on the financial aspects of dissolution. You are not just divorcing your ex as a person, you are divorcing the debts, the house, the assets, and ongoing liabilities. Just because you have a divorce decree that states your ex will refinance or sell the house or pay you an offsetting judgment does not mean they will. We are here to resolve debt issues that spawn from a dissolution, whether you are the one that owes or is the one who is owed.
HOW WE HELP- SAVING YOU MONEY AND COLLECTING WHAT’S OWED TO YOU
- Less Expensive Divorce- A dissolution typically covers the untangling of assets and debts and dealing with custody. While we can’t help with custody or the dissolution directly, if we get rid of your debts prior to divorce or trial, you do not have to pay attorney fees to handle what has already been handled. This way, your money stretches further by being used for what is most important- your children.
- Discharging Debts– Imagine if you have a house with a 100k equity and 100k in credit cards. Imagine spending attorney fees to argue over who gets the house, who gets the debts, and how to split things? Now imagine filing a bankruptcy to discharge the credit card debt while saving all the equity in the home because it is protected by Washington’s homestead laws. Instead of netting below zero (100k equity – 100k credit cards – attorney fees to argue over these assets and debts), you instead split the proceeds of the house. That’s what we do.
- Discharging Property Settlements– While alimony, maintenance, and support are non dischargeable pursuant to 11 USC 523a(5) and (15), property settlements are dischargeable in a chapter 13 bankruptcy. So you got the 100k house and the 100k in debt, then the home value goes down, you can’t refinance, and the ex is threatening contempt if you don’t pay your 50k offset. Hello chapter 13.
- Settling Debts Subject to a Hold Harmless Clause– If you were assigned debts that are now in essence non-dischargeable and subject to contempt if you do not pay them, we can settle or resolve the issues. Imagine if you were awarded the 100k house and the 100k of debt. Imagine you settle the 100k of debt for 50k or less. You just netted an unexpected 50k or more via debt avoidance while not being held in contempt.
- Not Letting Your Ex Avoid you in Bankruptcy– We can make sure any alimony, maintenance, and support is non-dischargeable, object to any plans that do not pay you properly, object to misclassification or understatement of what is owed to you. We are bankruptcy litigators with extensive creditor side experience.
- Collecting Judgments Owed to You– We can sue, garnish, and collect. Our entire practice is dedicated to creditor-debtor law and we have extensive experience in collections from both a debtor and creditor perspective in State, Federal, and Bankruptcy courts.
SERVICES
- Bankruptcy for Debts Owed by you: Discharge property settlement in Chapter 13, Amortize non-dischargeable debts in Chapter 13, Discharge non-family law debts to free up cash flow in Chapter 7, Defense against ex-spouse creditor claims and suits in Bankruptcy
- Bankruptcy for Debts Owed to you: If your ex spouse is or already filed for bankruptcy protection, we can object to the discharge, object to their plan, and ensure sums owed to you survive the bankruptcy process
- Bankruptcy (Cooperative pre dissolution): If you and your soon to be ex are amicable and considering a no-contest or cooperative divorce, we can help by resolving the debts prior to dissolution.
- Bankruptcy (Prior to Trial): In low asset high debt cases and other situations, there are advantages in declaring a bankruptcy prior to trial so debts cannot be assigned to you and the offset of loss of assets are minimal.
- Collection Defense: If your ex spouse is collecting or is trying to collect, we can help defend you.
- Foreclosure Defense: If you were awarded the home and your ex is now trying to force a sale and partition, we can help defend against it. We can additionally help against other creditors, see our foreclosure defense page.
- Sale & Partition Actions When Ex Spouse Will Not Refinance or Sell: If your partner has not or will not sell or refinance within a year as required by the divorce decree we can help by forcing a sale. If your ex spouse is purposefully not paying the mortgage to push down the equity while keeping the cash, we can help with that too.
- Settlement of Debts Owed by you: If your ex spouse, DSHS, or another creditor is collecting or might collect, we can help resolve the matter by finding leverage and settling the debt.
- Strategic Consultation with you or your attorney During, Prior to, or After Dissolution: Some debts are not dischargeable and hold harmless agreements can make an otherwise dischargeable now non-dischargeable. Property settlements can be discharged while debts in lieu of alimony, maintenance, and support may not be. We can help consult with you and/or your family law attorney to try to bankruptcy proof your dissolution.
FREE RESOURCES
We work with many private law firms that are focused in family law. Ask us for a referral if you are expecting a high conflict dissolution or contested motions or would just prefer an attorney to handle your legal needs. If, however, you are on a budget and want to try to get through your dissolution or contested motion as inexpensively as possible, below are some options that can help.
- Free Online Resources & Do it yourself Options
- Pro Bono Options
- King County Pro Bono Options
- Family Law Mentor Program: Assists low-income King County residents who are married or unmarried parents with contested family law cases (dissolution, petitions to establish a parenting plan, or paternity cases) where children are at risk due to domestic violence, child abuse, neglect, or alcohol/drug abuse.
- Kinship Care Solutions Project: Provides free legal representation for relatives and other caregivers seeking custody (also known as third party custody) of a child/children.
- Self Help-Plus Program: Assists clients with non-contested marriage dissolutions (divorces that are agreed or in which the other party will not respond), parenting plans and child support in non-contested cases when the father has already been determined.
- Neighborhood Legal Clinics: General family law matters. Provides free 30-minute consultation with a family law attorney.
- Outside of King County
- Low Bono Options
- LLLT Options
- WSBA Attorney & LLLT directory. This defaults to attorney search but if you click LLLT, you can find one close.
- A LLLT is a non-attorney paralegal with significant experience. They undergo licensing and maintain malpractice. They can do most things an attorney can do but have some limitations. A LLLT may be an excellent, lower cost option to a full attorney in a routine, non high conflict scenario or in tandem with an attorney to keep costs down.