How to Divide Credit Card Debts in a Divorce in the State of Missouri

Dividing assets in a divorce can be complicated. Dividing debt can be just as complicated and sometimes even more unpleasant. Missouri is an "equitable distribution" state. In Missouri, the court attempts to distribute marital property in a manner that is fair and just. The court will try to determine who is responsible for the debt, including credit card debt. Credit card debt will be taken from the marital assets after they are divided. If the assets do not cover the debt, the debt will be assigned to you or the other party.

Instructions

1

List marital debts. Determine what credit card debt is marital. Marital debt is debt that was accumulated throughout the course of the marriage. If you had a credit card before your marriage but charged most of the debt during the marriage, this will be counted as a marital debt. Non-marital debts in Missouri are debts that were acquired before the marriage. If you had a credit card before your marriage and never used it toward family expenses or bills, any charges on it are non-marital debt.

2

Obtain balance information on all credit cards. Contact the credit card companies to determine the balance on your credit cards at the time of separation. You will need to prove which debt is yours and which debt belongs to your spouse.

3

Cancel credit cards. Credit card companies are not bound by divorce decrees. They are able to go after you for joint debt if your former spouse does not pay the credit card bill. Make an agreement with your spouse to pay off the debt before the divorce is finalized.

4

Present the Missouri court with the list of all your credit card debt at your divorce hearing. You will also need to provide other financial information such as proof of income, bank account balances and a list of any other assets. Provide any additional documents or receipts you have that help explain who is responsible for the credit card debt.