[FL] Can I use a loan as a debt in a divorce?
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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.
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.
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?
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.
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?
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)?
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!
