Legal Question in Family Law in California
My Husband and I are filing for a divorce after being separated for nine years. We don't have any minor children involved, we don't have any assets such as a home or any other property and what we do have we have accumulated on our own since we were separated. We are doing this on our own together. If we agree that we don't want anything from each other do we still have to fill out all the expense papers?
2 Answers from Attorneys
Well, don't say I told you so, but if you are willing to commit what is technically perjury, but not one you're ever likely to have any trouble over, you can file the declarations that you have made disclosures without making them. The court has no way of knowing whether you did or not. Of course there is the remote possibility that one of you could later set aside the judgment based on it. I suggest you pick up a copy of "How to Do Your Own Divorce In Californa" by Nolo Press to guide you through this.
Even when there is an agreement, it is never recommend to do the Divorce yourself, as there is still a lot of paperwork to do. Yes, you both need to fill out the Income & Expense Declarations and Schedule of Assets and Debts, and have each other served with the proper Declaration of Disclosure, among other things.
BARRY BESSER
www.besserlaw.com