Can or will a judge overrule a noncontested divorce if property, assets and debts are not divided equally?

Asked almost 2 years ago - Antioch, CA

My husband and I are divorcing. We agree on everything. He is giving me house and car. I will have custody of children and he will have visits every other weekend. he will not pay child support and I will not pay spousal. We have been married 4 years. I have worked this whole time. He stopped working 2 years ago and has been trying to get social security. he has a disability through VA and his income is $800. social security pending. Mine is almost $5000. I am taking all the debt. He cannot afford child support, I cannot afford spousal support. I recently hired a nanny because his condition is deteriorating and will barely be able to put food on table. He doesnt have means to pay child support. Can a judge change an uncontested divorce and divide up property and debts, even if we agree?

Attorney answers (2)

  1. Charles Wildman

    Contributor Level 1

    Answered . If it is truly an uncontested divorce and you and your spouse agree upon all property/debt and support issues the court will accept your agreement and issue a judgement of dissolution of marriage accordingly. Please remember however that the court always reserves jurisdiction to act in the best interests of children such that child custody, support and related issues can be modified at a later date.

  2. Fred Charles Beyer

    Contributor Level 9

    Answered . The Judge will almost always approve your agreement. In some cases of long term marriages where the division seems to be inequitable, some judges may require you to be in court in person and on the record as to waiving your rights and approving the agreement. In your case that shouldn't be a problem.

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Uncontested Divorce

An uncontested divorce is one in which spouses agree on relevant issues such as division of property, child custody/support, and alimony.

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