Q: How would the court exercise the division of marital assets and debts in a default divorce?
My spouse and I only have minimal property between us and we are in agreement about the other keeping what's fair, which is why I am going for a default divorce. In this case, the court would not see my or my spouse's financial information. Since my spouse does not plan on giving a Response and we will not write up a marital agreement, can we keep and divide what we have agreed on our own? Or will the court have a way to still make sure that everything is divided equally between us even if we no longer declare it with them?
A:
In a default divorce in California, if there's no response from your spouse and no marital settlement agreement, the court typically makes decisions about the division of assets and debts based on the information available in the divorce petition. This means that if specific details about assets and debts are not included in the petition, the court may not have complete information to make a decision.
Since you and your spouse have an agreement about dividing your property, it's advisable to include this agreement in your divorce paperwork. Even in a default divorce, the court prefers to see that both parties have reached a fair and equitable agreement, consistent with California's community property laws.
If you choose not to include a detailed division of assets and debts in your filing and there is no response from your spouse, the court may issue orders based on standard legal principles of equitable division under California law. However, without detailed information, the court's ability to do this accurately is limited.
To ensure that your mutual agreement is followed, it is best to formalize it in writing and include it in your divorce filing. This way, the court can review and, if appropriate, incorporate your agreement into the final divorce decree.
Remember, even in a default divorce, the court's goal is to ensure a fair and equitable division of marital assets and debts. Providing clear and detailed information about your agreement can help the court in achieving this goal.
If you're uncertain about how to proceed, consulting with a legal professional can provide clarity and help ensure that your interests and those of your spouse are adequately represented.
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