if we both agree to just keep what we have as our own property (money,debt, etc) will state law overrule that in a no fault divorce
Yes. The two of you can agree on whatever disposition of your property you wish. If you do not make the judge the fall guy, you retain full control.
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As long as you write up a stipulated Judgment that you both sign, stating that division of assets
(and a waiver of support if you want that also) the Court will sign it.
You may dispose of your property in any manner you wish even if the division is not equal for whatever reason you have. Your judgment should include a paragraph that says that each of you understands that if the property you have was divided by the court the court would be required to divide it equally and each of you waives the right to a trial to have the court divide your property and you agree to be bound by the provisions of your agreement. Be specific about the debt -- use creditor name and last four digits of account. Do not put dollar amounts on your asset and debt schedules, which each of you must file as part of your preliminary declaration of disclosure and include a waiver of the final declaration of disclosure with your judgment. You cannot waive the preliminary declaration of disclosure even there is no property for the court to divide. One of you could make an appointment with an attorney to review the judgment you want to submit to the court, which will not assure it will not be rejected, but might increase your chances. The system is supposed to be pro per friendly but most people do not find it simple at all. Good luck.
Yes, you can do this. However there is some property most people don't think of. Retirement plans are an excellent example. I suggest have an attorney review your proposed property division.
This answer site is not intended to create an attorney-client relationship. You should not act on any information on this without seeking the advice of an attorney. The materials in this answer are provided for informational purposes only and do not constitute legal advice. Please keep in mind that almost all family law is state specific. This answer is for California Family Law.
No. Parties are free to enter into any agreement they want. The state law of equal division is a default in absence of an agreement.
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