Q: Do we have to go through a trial and let judge decide how to divide assets if both of us already agree on how to divide?
We married 4 years ago with 2 real properties, no kids.
Do we still have to go through a trial, and let judge decide how to divide assets, even if both of us already agreed on how to divide our marital assets, and the respondent agreed not to file a response within 30 days after the forms are served?
The property division terms we agreed on is favoring one party though, based on much higher earning contribution from that party. Will court deny our proposed judgement because of our uneven division of the marital assets?
A:
The court will review the settlement agreement the two of you have to make sure that it is fair. The mere fact the division is uneven does not make it unfair. The court's goal is to make sure that the spouse receiving less of the assets will not become a public charge. If the court feels like becoming a public charge is likely or that the division is indeed unfair, the court may hold a hearing to discuss its concerns with the two of you.
If neither of you are fighting about the division of property, it is extremely unlikely the court will hold a trial for its own benefit.
Andy
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