[CA] [FL] Can I use a loan as a debt in a divorce?
I needed a document review and to ask questions regarding my divorce case and the personal loan agreement I had with my ex-husband.
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You’re on the right track. Courts require diligent efforts before alternative service. Use FL-980 to request authorization and FL-981 to detail due diligence (social media, friends, why you believe he’s in South Korea). You can ask the court to allow service by email/Instagram DM, with evidence that he uses those accounts and has viewed messages (screenshots/logs). Granting alternative service is discretionary, so be thorough in showing actual notice is likely (CCP § 413.10).
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I needed a document review and to ask questions regarding my divorce case and the personal loan agreement I had with my ex-husband.
Lexi, Chatbot
I understand you're dealing with a divorce case and a personal loan agreement with your ex-husband. Have you already filed for divorce?
Yes.
Lexi, Chatbot
Could you please specify what type of questions you have about the personal loan agreement?
Can I include the personal loan agreement in my divorce case for spousal support?
Lexi, Chatbot
Is there anything else the family lawyer should know before I connect you? Rest assured they'll be able to help with including the personal loan agreement in your divorce case.
No.
Angelo M
Greetings! I'm happy to assist. Generally, spousal support is about post-separation need and ability to pay; a personal loan between spouses is a separate debt. You can bring the loan agreement to the court so it’s considered in property/debt division or reimbursement, but it usually doesn’t replace or become spousal support. Since you have a signed agreement with a witness, that helps. The court can incorporate repayment into the decree. Do you want any clarification? Any other questions today?
Understood! Thanks. I misunderstood spousal support vs. a personal loan. Can you review the agreement and let me know if it works? We and a witness (his friend) signed it. I want to be sure it makes sense to a lawyer. It was signed 01/23/2015. Would you also review all my documents before I submit to court?
Angelo M
Absolutely, I can review it for clarity and enforceability (amount, repayment terms, interest, due dates, default, etc.). You can share the text here. I can also review your court paperwork for organization and completeness, though I can’t formally represent or file.
What forms should I fill out? He lives in South Korea and is unresponsive to my Instagram DMs and email (seen but no reply). I think I should file FL-980 (Request for Authorization to Serve by Publication or Posting) and FL-981 (Declaration of Due Diligence) explaining my attempts and that he’s in South Korea. Could I request alternative service (email/DM)?
Angelo M
You’re on the right track. Courts require diligent efforts before alternative service. Use FL-980 to request authorization and FL-981 to detail due diligence (social media, friends, why you believe he’s in South Korea). You can ask the court to allow service by email/Instagram DM, with evidence that he uses those accounts and has viewed messages (screenshots/logs). Granting alternative service is discretionary, so be thorough in showing actual notice is likely (CCP § 413.10).
Thank you so much and Happy New Year!
Angelo M
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