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After many years of separation, my spouse and I are finally divorcing. We have no minor children, no real estate to sell, or significant/valuable property to split. Sadly, we both have a bunch of bills. My bills are in my name, and his are in his name. We have agreed to file for an uncontested divorce because neither of us have extra money to pay attorneys. My question is this: Since we are agreeing on everything beforehand--and intend to have a written agreement between us about bills, is it necessary to list every debt we have on the actual divorce petition forms? There are a gazillion websites discussing divorce, but none of them cover this topic (as far as I can see). Any advice from an insider would be greatly appreciated!
After many years of separation, my spouse and I are finally divorcing. We have no minor children, no real estate to sell, or significant/valuable property to split. Sadly, we both have a bunch of bills. My bills are in my name, and his are in his name. We have agreed to file for an uncontested divorce because neither of us have extra money to pay attorneys. My question is this: Since we are agreeing on everything beforehand--and intend to have a written agreement between us about bills, is it necessary to list every debt we have on the actual divorce petition forms? There are a gazillion websites discussing divorce, but none of them cover this topic (as far as I can see). Any advice from an insider would be greatly appreciated!
Personally, if it were me, I'd spell everything out even if it took 12 pages.
It's great that you are getting along well enough to have some common agreement now, but if he meets someone else and she is important enough to him, she can cause him to "forget" what he agreed to, or even renege on it totally.
If its not on the paper work and your name is not tied to the debt in any way shape or form then it would probalby not matter if you listed it or not. I think thoes lines are for debts that are in both names. I had a debt that was my ex wifes but it was in my name so the credit card company came after me when she didnt pay it and the only thing I had was that line item on the disolusionment paperwork to serve her with and get a judgement. If the debt in question is totally separte then it should not matter.
Debt collectors dont care about divorce decrees they will come after who evers name is on the note.
If you both want to own your own debts, you can jointly agree in writing to that as one of the terms of your divorce. In some (all?) states, the family court judge can over-rule this, but it is unlikely if you both agree in court in front of the judge. The same is true of a property settlement. The judge can also ask for more information.
But I tend to agree with the others who say list all your property and your debts as a safety measure.
Personally, if it were me, I'd spell everything out even if it took 12 pages.
It's great that you are getting along well enough to have some common agreement now, but if he meets someone else and she is important enough to him, she can cause him to "forget" what he agreed to, or even renege on it totally.
CYA
Thanks for the response. I will likely list all debts. If he meets someone and reneges on any of it, I really don't care. Ha! I know that sounds so flippant and passive, but I am really wanting to be just done with this process. I want to make the actual legal process as simple and efficient as possible.
If its not on the paper work and your name is not tied to the debt in any way shape or form then it would probalby not matter if you listed it or not. I think thoes lines are for debts that are in both names. I had a debt that was my ex wifes but it was in my name so the credit card company came after me when she didnt pay it and the only thing I had was that line item on the disolusionment paperwork to serve her with and get a judgement. If the debt in question is totally separte then it should not matter.
Debt collectors dont care about divorce decrees they will come after who evers name is on the note.
Thanks---yes, I was assuming the lines on the divorce petition paperwork were for joint debt. However, there are separate sections or debt in my name, and debt in his name---and also a spot for debt in both names. It's looking like there's no way round listing every darned thing. Errrg. Oh well---I gotta do it so I better get crackin'! Thanks for your response!
Once you account for everything you might find he owes less than you, in which case you can get some $$$ off him.
Or vice versa.
Well, neither of us having anything much to give each other in the way of money or assets, so I don't think this will be the case either way. But I totally get what you're saying!
Depending on the judge you appear before, the judge may insist on everything listed as to who is responsible for which debt. I've seen judges tell the couple to go home and re-do their paperwork before they will grant the divorce.
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