Q: My wife and I want to file an uncontested irreconcilable divorce complaint. We don't want the court/judge to determine
equitable distribution since we know what we want. Do we put these details in the complaint or a document afterwards? Confused over the detail of wording that needs to be present in form 1D. Example, do we list the account info for the 401k to be transferred? Details about the mortgage debt? When is this done in the process?
A: You would really be assisted by hiring an attorney here. An attorney could record everything into a martial settlement agreement as your proposal, submit that agreement to the other party who would be invited to review it with her own attorney, and then once it is signed you would just put through the divorce as an uncontested case, which would incorporate your agreement as the resolution to the issues in your divorce.
I understand that you and your wife want to resolve your divorce matter simply, but you cannot get a divorce and tell the court that you and your wife will work out the details later. You and your wife need to have a written agreement in hand resolving all issues outstanding. Once you and your wife have a written agreement in hand signed by both of you, then you can file a complaint for divorce and asking for an uncontested hearing date.
BUT, when I say all issues resolved, that includes (by example)
how the retirement accounts are to be divided and the mechanism for the division.
Similarly, if there is a home, then the agreement also needs to address whether there is a buyout, the amount, the valuation of the house, how the mortgage will be taken care of, etc
A: Thank you for your question. A complaint for divorce must be filed accompanied by a Marital Settlement Agreement which is a comprehensive document including the resolution of all outstanding issues. The Court’s will enforce an agreement between parties for so long as it is not unconscionable. It would be best to contact an experienced family law attorney who can provide additional guidance on this issue.
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