Marital Debt

Experienced Marital Debt Lawyer in Geneva, Illinois

Elgin IL divorce debt lawyer

What are your responsibilities when it comes to marital debt? The Law Offices of Douglas B. Warlick & Associates can help you answer that question. If you are in the midst of a divorce it’s important for you to know that debt is not subject to equal distribution. Debt must be divided equitably, not equally. There is a big difference. We are knowledgeable about how debt is assigned and will represent your rights and responsibilities accurately within the legal process.

Helping Clients Understand the Division of Marital Debt

Generally, debt falls under one of two categories: marital and separate.

  • Marital debts are shared because they were incurred during the marriage and were agreed upon by both parties.
  • Separate debts were incurred before marriage and are solely the responsibility of the debt holder.
  • Partitioning occurs when any debt increased during marriage as a result of decisions made by the couple. In this case, a separate debt could become a marital debt.

While this is a simplified explanation of debt, we encourage you to seek experienced legal help in sorting out marital debt. The rules for debt assignment are often complex to navigate and there are exceptions to consider. Attorney Doug Warlick is highly skilled at cutting through complexities, analyzing the circumstances, and advocating for fair debt distribution in matters of divorce.

Attorney Doug Warlick will fully explain your responsibilities regarding debt. Even if a divorce decree assigns debt to your former spouse, you may be responsible for repayment if you are named as an accountholder and the account becomes delinquent. If that happens, we can guide you on the best steps forward and fight for your rights. Debt management after a divorce can be stressful. We can help put your mind at ease.

Advocating for Fair Debt Assignment

There are many sources of debt. Money is often borrowed to finance educational pursuits, secure properties, and start businesses. Many times debts are incurred through the use of credit cards and lines of credit. Whatever the source of the debt, there are several factors used to determine who is responsible for debt assignment in a divorce:

  • Who is named on the debt documentation?
  • Who caused the debt?
  • Who pays the debt regularly?
  • What fund source is used to pay the debt?
  • What portion of the debt was created by each party?

Our goal is to investigate each possibility to ensure that our clients only pay for what they rightfully owe. Attorney Doug Warlick will examine standards of living, education, earning potential, child custody, and any other factor to arrive at an equitable conclusion. We will use a variety of methods to obtain accurate information and build a fair case on your behalf.

Contact our office today to set up a discounted initial consultation.  We will help you through your family law case and provide you with personalized service. We look forward to helping resolve your family law concerns. We serve all communities of Kane County as well as Kendall, Dekalb, and DuPage Counties.

Practice Areas


114 E. State Street, Geneva, IL 60134


Talk to an attorney now. Call 630-232-9700.
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