Debt Division

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Higdon, Hardy & Zuflacht, L.L.P. > Get Educated > Debt Division

Debt Division

Dividing debts is essential in a successful divorce. The alternative is to potentially leave the debts undivided and each party with the uncertainty of who will have to pay the debts.

Several things to consider in debt division:

A. No effect on third party creditors

The Court can order a division of debts in any manner that the Court deems appropriate. It is important to keep in mind that a Court order effective between a husband and wife is NOT necessarily effective against a third-party creditor. (In other words, a credit card company can go after you or your former spouse regardless of who was ordered to pay the debts.)

B. Income Taxes

The Court can also order either spouse to pay the parties’ income taxes thorough the date of divorce. This, also, is not effective as against the IRS. (The IRS can, in other words, come after either party for the unpaid income taxes).

TESTIMONIALS

Top Notch divorce attorney

When I found that a divorce was unavoidable I knew I needed the best attorney possible. Charles Hardy was the right decision to swiftly move my case along as amicably and efficiently as possible. You’ll never have to wonder where things stand. He will call you first. When you do call him he answers directly. I highly recommend him to anyone in the unfortunate circumstances of divorce.

- Rick

★★★★★

I wanted the best which is why I hired Harold Zuflacht. Prior to meeting with him, local friends and colleagues stated he was the best and should be my only choice. While I had hoped for a reasonable divorce having two young children in the mix, it quickly became one of the most challenging experiences. Harold walked me through every careful step, making himself both professionally and personally available. At one point, due to several issues from the other side and extreme frustration on my own part, I was willing to just give everything away to end the madness. He provided a calm and rationale approach at every turn; asking and actively listening, while proving sound advice and options I hadn’t considered. His years of expertise, experience, and insight put my best interests and those of my children, first. What started as me hiring an expert divorce attorney has become a lifelong and respected friendship. There are always options but there is only one best choice – Harold Zuflacht.

- Kris

★★★★★

Knowledgeable, organized and responsive

Ann Jamieson of the Higdon Hardy, & Zuflacht law firm was one of the most professional attorneys I have worked with. From the very first day speaking with her and Charles Hardy, they showed compassion for my situation and a sense of urgency to get my case addressed. Ann's vast knowledge of family law was key in devising a strategy that resulted in the best outcome. Ann and her team of Kathy and Monica are incredibly resourceful and organized. They kept me informed every step of the way and made sure that all of my questions were answered. HHZ made a good choice bringing Ann onto their team! I definitely recommend this firm and Ann Jamieson.

- Anthony

★★★★★

Conscientious and ethical

Amy Geistweidt obtained a divorce for me in the context of zero cooperation from my now ex-wife, who walked out, never to return 6 months prior to the date of the divorce. She was efficient in the use of her time and conscientious and always carefully ethical.

- James

★★★★★

Above and Beyond my Expectations

David came to my aid in a time of dire need. I contacted him late after hours and he immediately begin with needed legal filings that are now protecting my property and person. He was professional in court and respectful to all parties. I highly recommend David. He has decades of family law experience and will guide you through difficult times.

- Charles

★★★★★

Tireless advocate for underdog fathers

I retained Ms. Jamieson in March ‘19 to represent me in my second divorce. Mr. Hardy, senior partner, represented me in my first one, which was relatively civil in comparison (we utilized the collaborative law approach). I couldn’t afford him a second time around. Being the junior associate of a respected firm, with access to experienced partners, I felt having a woman represent my interests as a father was a good choice. From the start, I was the underdog. This marriage was volatile, and I had documented losses of temper where I yelled at my wife and stepkids, and there were some physical altercations but no violent abuse. I was not going to look good to a judge and knew it on day one of my initial consultation with Ms. Jamieson, so I gave the facts straight. My wife beat me to the punch retaining Ms. Deanna Whitley and filing her petition. I was playing catchup. My wife was a stay-at-home mom who never worked in her adult life. We had a child who hadn’t even turned one at the time we split. He was premature with high potential to be autistic like his brothers (my stepsons). A “medically fragile special needs child” as Ms. Whitley said nonstop. I had done a self-help prenup via the web before the marriage, and thought that would protect me. But Ms. Whitley wanted to invalidate it and get a disproportionate share of the money in retribution for my alleged abuse. My wife was trying to extort me for child support above Texas guideline all the way into adulthood, all the decision rights, and limiting my time with him. She was out for blood. Over a brutal 14 mo divorce, Ms. Jamieson pushed back in every possible way. She bought me time to let the bad behavior age into the past. She got a supervisor for my visits for a month as a witness to how I am with kids and then a custody evaluator that saw me as a good dad. She went to bat on the prenup, but we couldn’t put its validity to bed via summary judgement. The stress of setbacks, delays, and my wife’s repeated court order violations got to me, and there were times I lashed out at Ms. Jamieson. She bore through it like a pro and still continued to back me. We finally got to mediation, and my wife asked an ungodly unreasonable settlement and walked when she didn’t get it, forcing us into litigation. And that is where I absolutely CANNOT recommend Ms. Jamieson enough. It was incredible to see her put on an airtight, ironclad presentation of my case, but then she also completely demolished my wife’s credibility, or any merit to what she wanted. By the 4th day, when the judge ruled, I had the prenup enforced, completely securing my property. I got a 50/50 schedule for my son from age 3-18. I got a joint say in decisions when my wife wanted to shut me out. And we limited her getting right of first refusal only until he turns school age. Yes, my wife got guideline child support, but not a penny more like she wanted. And that just means my son won’t suffer for her broke life choices. At first, that chafed me having to keep paying her after I lost so much money dragging things out. Especially because Ms Jamieson made the cases night and day in comparison. But as soon as I talked to her after the verdict, she set me at ease: what I got was worlds better than my settlement offer. I was better off for fighting. And that’s a big win. Ms. Jamieson’s hourly rate is a steal in terms of the quality and competence she offers. She’s brilliant, professional, compassionate, and has the ability to ruthlessly get the testimony she needs from witnesses. If you are a father looking for someone to stand up for you, Ms. Jamieson is your woman. Hands down. Much appreciation to her team of Kathy and Monica, as well, who prepared the ridiculous amount of communication and financial documentation I turned over into evidence. They are a highly effective team together. I am very grateful to have made the choice I did in this ugly, bloody ordeal.

- Neil

★★★★★

The Cream of the Crop

I was fortunate enough to work with Mrs. Jamieson during my absurdly contentious divorce and custody trial. Should you require a trial as I did, it will become strikingly clear that Mrs. Jamieson stands head and shoulders above her peers. You will find she has a firm grasp on family law, rarely losing an objection or challenge due to her knowledge base and thorough preparation. I was stunned by how superior her performance was in comparison to opposing counsel. She is a consummate professional with an outstanding work ethic and a razor-sharp legal mind that brings ideas to the table that other lawyers can't or wont. In a profession such as law, you are often best served by the right combination of experience, youthful energy and expertise. She seems to have found that ideal balance. For example, she will not hesitate to consult with her more-experienced partners on any matter that would benefit from their input. Hiring her is like hiring 3-4 lawyers in one. Most importantly, Mrs. Jamieson is a person with humility and empathy. These are traits rarely found in legal professionals who are as capable as she is. She was able to tolerate my shortcomings and put forth a case presentation that we were very proud of. While a verdict has not been issued in my case, I feel her performance was superb enough to warrant a full endorsement prior to a conclusion. Often we focus more on the end result in legal matters, however the journey to that end can be long, challenging, and at times, overwhelming. You could not choose someone better than Ann Jamieson to share that journey with.

- Anonymous

★★★★★

San Antonio’s Best

I hired Mrs. Jamieson to assist me with a complicated case with my adult disabled child. Mrs. Jamieson and entire staff were very helpful and knowledgeable from the beginning of the case, from answering questions and phone calls in a timely matter to providing excellent council throughout the entire case. I could not have done it without you.

- Anonymous

★★★★★

She's the best

I divorced a few years ago and found out I needed a lawyer for some last minute issues with the ex husband, but I did not want to go back to my previous lawyer. Ann was highly recommended by a friend. I'm so happy I found Ann, she's been amazing handling my case and very timely and so helpful explaining what was going on in each step of the case, I am so grateful I found her. I've already recommended her to some friends. Thank you Ann and Kathy for being there for me when I really needed it.

- Lisa

★★★★★

Truly one of kind !

Mr. Emory is very compassionate, thorough, and very helpful. Him and his staff were a true blessing and went above and beyond. He made sure I was comfortable in a courthouse environment which can be intimidating and answered all my questions and educated me in processes and procedures. His staff is very helpful and knowledgeable and I highly recommend his services!

- Justin

★★★★★

Rough Time Made Better

Divorce is not a fun time. After I found out my ex-wife had been cheating on me with a family friend, I searched for a good lawyer with experience. I was unsure of what to expect. I had a consultation with Mr. Emory about my situation. After hearing my story he told me that he thought my case could use a lawyer with less experience and less cost. He offered to give me the names of lawyers he knew and trusted. That fact in itself made me choose him. He was amazing. My divorce was dealt with quickly and efficiently with as little stress and worry as possible given the situation. I would recommend Mr. Emory to anyone that finds themselves in the unfortunate situation of divorce.

- Chad

★★★★★

Calm and effective

I am thankful to have had Mr. Emory on my case in a pinch. You will find him humble enough to not make wild promises while working towards a collaborative process. His gentleness with expert confidence are good attributes that serve clients well when you need to disarm excessive conflict.

- KBN

★★★★★

Outstanding, thorough and caring!

Mr. Emery represented my son in a custody modication case brought by his ex-wife. At their first meeting, Mr. Emery told my son that his case was a difficult one and he should be sure he wanted to proceed. It took many months and many hearings before the case was decided by a jury to our satisfaction. Through all that time, Mr. Emery was diligently securing important documents, reviewing case law, strategizing how to present the case and guiding my son through this process. During the week and weekend before and the week of the trial, Mr. Emery spent long hours with my son reviewing the points of their case and preparing my son for court. During my son's, my husband's and my own interactions with Mr. Emery, he proved himself to be a hardworking, ethical and caring attorney. I highly recommend him to anyone needing a well qaulified, honest and dedicated attorney.

- Lauriece

★★★★★

An Absolutely Phenomenal Attorney!

Amy Geistweidt is an outstanding attorney. She was recommended to me by a former client that was extremely pleased with her services. She listened to me and was extremely compassionate and understanding from the beginning of my case to the end. Ms. Geistweidt and her paralegal worked tirelessly in preparing my case. She was always in communication with me and helped to answer all of my questions and concerns. I recommend her highly.

- Lyrica

★★★★★

Best family lawyer ever!!!

When I needed a great divorce attorney my Aunt recommended Amy Geistweit. She had worked with her multiple times. Amy was amazing, very professional and had clear lines of communication at every point of our litigation. I would definitely hire her and her team again and recommend her in the future. Thanks Amy!!

- Dustin

★★★★★

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