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Easiest way to divorce if both parties agree on how to divide property and finances?

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youarehydrogen

New member
Hello,

My spouse and I are getting a divorce. We are still close, and want a smooth transition. My question is in regards to our property and assets. My spouse currently has her own apartment, own financial situation, and I have the home we purchased during marriage and my own finances. We do not want to split any property or finances, we want to keep what we have today, not ask for anything from the other, and be done.

My spouse has already filed with our court with the same terms, she is not seeking anything from me, nor I from her.

Is there any way a court would disagree and force us to split property or finances if we dont want to do that?

Is mediation a better way to go if there are no disagreements?

Thank you in advance for any advice or clarifications.
 


Just Blue

Senior Member
Hello,

My spouse and I are getting a divorce. We are still close, and want a smooth transition. My question is in regards to our property and assets. My spouse currently has her own apartment, own financial situation, and I have the home we purchased during marriage and my own finances. We do not want to split any property or finances, we want to keep what we have today, not ask for anything from the other, and be done.

My spouse has already filed with our court with the same terms, she is not seeking anything from me, nor I from her.

Is there any way a court would disagree and force us to split property or finances if we dont want to do that?

Is mediation a better way to go if there are no disagreements?

Thank you in advance for any advice or clarifications.
What state?
 

LdiJ

Senior Member
Hello,

My spouse and I are getting a divorce. We are still close, and want a smooth transition. My question is in regards to our property and assets. My spouse currently has her own apartment, own financial situation, and I have the home we purchased during marriage and my own finances. We do not want to split any property or finances, we want to keep what we have today, not ask for anything from the other, and be done.

My spouse has already filed with our court with the same terms, she is not seeking anything from me, nor I from her.

Is there any way a court would disagree and force us to split property or finances if we dont want to do that?

Is mediation a better way to go if there are no disagreements?

Thank you in advance for any advice or clarifications.
If the assets are in any way unbalanced, then it would be best if both of you at least consult with an attorney of your own. If the assets are relatively balanced, then it may not be a problem. For example, does one of you have strong retirement savings and the other does not? Is there a ton of equity in the home?
 

HighwayMan

Super Secret Senior Member
The easiest and cheapest path is through mediation. I don't know how it works in your state, but often mediators are also attorneys who can draft the final agreement for submission to the court.

Of course, it's recommended that you each get a separate attorney to simply review the agreement after it's drawn up to ensure you're not getting shafted.

If you're both on the same page with everything, or even pretty close to agreeing on everything, that's the best way to go.
 

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