My wife and I are amicably divorcing. We don't own a house or other major property and don't co-own anything (or if so, just small uncontested stuff) - do we need to list everything anyways? Only one creditor who has recieved debt accts for both of us individually who knows we're married and considders us equally responsible for each others debts - should we list that so a judge can officially divide our parts of the debts?
If you're "amicably divorcing", you don't want to be in the position of having a judge decide anything. You want, as much as possible, to work it out between the two of you.
Whether or not your creditors know you're married, if you incurred debts during your marriage, they're presumed to be community debts. Having said that, if you and your wife want to AGREE to an unequal division of the community debts and assets, you're legally permitted to do so.
You need to LIST ALL the assets and debts because that way, if someone comes back, a year later, and says, "well, what about this Visa account #XXXXXX, I thought YOU were paying it!" or "What happened to that little savings account at ZZZZBank?" there won't be any surprises, because everything will have been covered, and nobody will be able to claim that anything was hidden, becuase it'll all be there in those declarations of disclosure.
This is not legal advice nor is it intended to create an attorney-client relationship.
In answer to your question "do you need to list everything anyways?" - Yes. The law requires it, regardless of whether you are in agreement or not. The reason is that, whether the asset/debt is separate or community, you each must have the opportunity to investigate the character of each asset/debt for yourself (separate or community), and raise questions about any asset/debt (what funds were used to acquire it, when was the asset purchased or the debt incurred, how was the money used...). Also, although you do not file the asset and debt disclosure with the court, you will be required to file a declaration stating that you have each exchanged the disclosures, under penalty of perjury. If one of you later contests something in your agreement (i.e., he didn't disclose his lottery winnings and I just found out about it), there can be not only civil penalties, but also criminal (yes, perjury is a crime). In such a case, wife did not disclose her lotto winnings. When husband found out, they went back to court (after the divorce was completed). The judge ordered all of the lotto winnings go to husband and wife has to pay all the taxes on it. DISCLOSE, DISCLOSE, DISCLOSE.
If you agree on everything... FANTASTIC! You need never go to court. But you still have to comply with the required financial disclosures. There's no getting around it. If you need assistance in preparing the documents, you should talk with an attorney who would be willing to do it either as a neutral or as a limited scope attorney - you'll save a lot of money and stress that way. Doing it yourself can become very frustrating and can result in errors. And any attorney on this service can share with you a paralegal horror story - so just be aware. Get the right help. One of the services I provide is exactly what you are looking for - someone who can put the package together and effect service of the necessary documents. There may be such an attorney will to do so in your area as well. It is not that uncommon.
Good luck to you both.
If it is an uncontested divorce and there is no dispute - what would be the harm in listing it? The creditors will not find out as the Court will not contact them.
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