Just beginning to look into divorce

[thomasgordon]

What is the name of your state (only U.S. law)? California

My wife and I have separated and she was already in a relationship with another man before we split. We have one child and no real assets to argue over, I've already told her she can have everything in the house aside from one item, we don't own a home so that is a non-issue. The cars are also a non-issue, hers is hers and mine is mine.

We have both agreed verbally to 50/50 child custody (both legally and financially). My concern is that she has hardly worked in our ten year relationship and currently has no job, but is looking for work. Am I shooting myself in the foot if I serve divorce papers before she is working? I am still providing some financial support but I'm worried that there may be legal action requiring me to pay alimony/child support. Of course I wouldn't let my daughter go hungry, but ordered monthly payments concern me.

Do we have to present the courts with documentation on all of our debts? Some of the debt is hers, some is mine, I am willing to leave it at that even though I will retain most of the debt, I think she would be willing to do the same.

I want this to be as painless, cheap and fast ass possible, neither one of us want the courts involved aside from their having to dissolve the marriage, we want to avoid even setting foot in a court room.

Right now I am just getting the ball rolling on this and any insight is greatly appreciated. Thanks in advance

 

[LdiJ]

What is the name of your state (only U.S. law)? California

My wife and I have separated and she was already in a relationship with another man before we split. We have one child and no real assets to argue over, I've already told her she can have everything in the house aside from one item, we don't own a home so that is a non-issue. The cars are also a non-issue, hers is hers and mine is mine.

We have both agreed verbally to 50/50 child custody (both legally and financially). My concern is that she has hardly worked in our ten year relationship and currently has no job, but is looking for work. Am I shooting myself in the foot if I serve divorce papers before she is working? I am still providing some financial support but I'm worried that there may be legal action requiring me to pay alimony/child support. Of course I wouldn't let my daughter go hungry, but ordered monthly payments concern me.

Do we have to present the courts with documentation on all of our debts? Some of the debt is hers, some is mine, I am willing to leave it at that even though I will retain most of the debt, I think she would be willing to do the same.

I want this to be as painless, cheap and fast ass possible, neither one of us want the courts involved aside from their having to dissolve the marriage, we want to avoid even setting foot in a court room.

Right now I am just getting the ball rolling on this and any insight is greatly appreciated. Thanks in advance

Dad, unless you realistically think that mom is going to be able to make just as much money as you do, right off the bat, then you need to expect that you will be ordered to pay some child support. It will be less than it would be if mom had primary custody, but even with a 50/50 timeshare you will be paying some support if you make more money than mom. As far as the debt is concerned you will have to address it somehow. You may be able to get away with stating that each of you takes responsibility for the debt in their own name, but that's not guaranteed.

You also are not going to be able to avoid setting foot in a courtroom...not if you are doing it without attorneys. You probably will have to attend a couple of hearings.