Will a judge order me to split up my assets, 401K, pensions savings(individual acct) etc with husband in uncontested divorce?
6 attorney answers
What you are referring to is called equitable distribution and there are many factors the court considers. It sounds like you have a significant amount of assets at stake so I strongly encourage you to hire an attorney. #servingtheone
My response to your question is not intended to create any attorney-client relationship. My response to your question is based on the limited facts given in your question and should not be relied on as legal advice. I submitted it to provide you a general understanding of the law, not to provide you specific legal advice. I highly recommend that you consult with an attorney before taking any action based on your question or my response to your question.
After a 23 year marriage, even with the children being over 18, there are still significant issues at stake. Now is not the time to try a DIY divorce which may end up costing you far more in the long run than hiring a lawyer would. A qualified local attorney can help you through this difficult time for often a very reasonable cost.
I agree with the previous answers. Although your children have each passed their 18th birthday, you still must consider the obligations that your spouse and you have to provide for their post high school education. With a long marriage like yours, there are usually many issues that need to be unraveled. Talk to an attorney. Most offer free consultations. Good luck.
My colleagues are both correct. based upon your note, this IS NOT and uncontested case. Do yourself a favor and hire a lawyer. It does not need to cost a lot of money. Many of us that work in Duval County offer FREE consultation - take advantage.
Do you and your husband have a separation agreement? For it to be truly "uncontested" you must have worked out all the issues. If you have a separation agreement, and the 401K & pensions are addressed, ask the judge to incorporate it into the final divorce degree.
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If your case is truly "uncontested", you and your husband have negotiated and agreed on how to distribute your assets and debts. You will reduce your agreement into writing in a Marital Settlement Agreement. If you ask the Court to adopt and approve the distribution of your assets set forth in your Marital Settlement Agreement, the Court will do so, provided that both of you entered into the Agreement freely, voluntarily, and knowingly, i.e. both of you have exchanged financial disclosure, or at least a financial affidavit. The Court will not upset an agreement reached between you and your husband. However, if there is no agreement, the Court will distribute all marital assets and debts. As such, absent an agreement, the Court can split the 401(k)s, and other retirement and investment accounts.
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