Physiques asked:


I’ve acquired a sizable amount of debt (30 to 100K) without my husband’s knowledge. I didn’t do it maliciously. I had (and probably still have) cancer, but I thought I would die. Now I’m still alive and I’ve made sure all the debt was mine, and none of it is anything he signed for. Can I plead guilty to credit fraud and have him file for divorce, and will that make him not liable for any of the debt? If I do that, how much prison time am I likely to serve?

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8 Responses to “Can I plead to fraud and get a divorce to save my husband from my credit card debt?”

1. Marcus on March 7th, 2010 10:08 pm

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   you can, but that would be illegal…

2. rtfm on March 8th, 2010 12:16 pm

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   Using your *own* credit card isn’t fraud, it’s just running up debt.

   And if they’re joint accounts, or if you live in a community property state, even a divorce won’t help. They’ll be your husband’s legal debts just exactly as much as they’re yours.

   They don’t send people to prison for debt. They just garnish your wages until the debt, penalties, and fees are all paid off.

   Your husband is GOING to find out. Better just tell him now and work out a plan for repayment.

3. Lauren F on March 10th, 2010 10:24 pm

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   If you live in a community property state there is no way to disconnect the debt from your husband. There is no jail time involved for consumer debt, but the cc companies can take you to court and sue you for repayment. They can also put a lien on your house and garnish your wages if they convince the court to allow them to do that.

   If you and your husband have any reasonable way to repay this, then the right thing to do is to sit down and talk with him and get a plan to resolve it. If it is so big that you will never be able to repay it, then talk with a bankruptcy attorney for advice.

4. jlf on March 11th, 2010 8:21 am

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   Overspending is not fraud. It’s just irresponsible. Won’t work.

5. Busymomx6 on March 13th, 2010 2:47 pm

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   I think she is saying she forged his name and applied with his information. That is fraud.

   None of us will be able to answer that properly. You should look in your phone book and search for attorneys.. many offer a free consult. That is your best bet and they can advise.

6. StephenWeinstein on March 14th, 2010 10:29 am

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   Whether or not you plead to fraud has nothing to do with whether he must pay the debt.

   In some states, when a couple divorces, each ex-spouse becomes responsible for 50% of the debt. You cannot change this law by pleading to fraud.

   In other states, if it is not his debt, then he does not have to pay even if you do not plead to fraud.

   Finally, to plead to fraud, you would need to have committed fraud, or at least be plausibly suspected of committing some crime. Acquiring credit card debt is neither fraud nor a crime. You cannot receive prison time for failing to pay your credit card debts. On the other hand, it you falsely plead guilty in the belief that doing so will allow him to avoid paying the credit card debts, then the false plea might be a crime for which you might be able to go to prison. Ask a lawyer.

7. Hoosier G on March 15th, 2010 5:20 am

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   Doesn’t make sense. If your credit is separate from his then why do you have to plead guilty to credit card fraud? What was fraudulently done?
   Worried about prison time? Strange for someone who has cancer and about 100K in the bank. That should be enough to get you a decent attorney rather than posting on Yahoo.

8. victor c on March 18th, 2010 9:53 am

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   If you applied in your husband’s name and without his consent, the only person who could theoretically accuse you of fraud is your husband. As far as the creditors, they could care less. A divorce will not do anything for you under any circumstance. Divorced or not, in conclusion, you incurred the debt and now, both you and your husband may be jointly liable to repay it.

   My strong advice is that you immediately fess up to your husband for your indiscretion and that you mutually find a solution to resolve it. Not knowing about your household finances, IDK if filing bankruptcy would be the best route for your family.

   But using the services of a debt settlement company, you can feasibly settle this debt, repaying pennies on the dollar. I strongly recommend calling the National Debt Relief Stimulus Plan at 800 213 9968 . They may be able to cut your debt in half and save you a lot of money and are very reasonable in cost.