Legal Question in Family Law in California
Question regarding Property
My wife and I are filing for a divorce. We were only married 1 month and did not live together, neither before or after the wedding. We are also cooperating with eachother to fill out and file the divorce papers. (FL-100 and FL110) We have no children and want no spousal support.
Both of us have considerable seperate property, however, we have no community property, assets, or debts given the short duration of the marriage.
We have both agreed that there is no property to split up as we never cohabitated or merged our finances in any way.
My question is, can we leave the section on seperate property (FL-100 4.0) and the section on community property (FL-100 5.0) blank? And then, not put a check in Section 7h, indicating we do not want the court to determine property rights? We do not wish to list everything, when we both agree there is nothing to split up.
Thank you in advance.
1 Answer from Attorneys
You should make some statement about separate property, because it would not be accurate to not check the separate property box. Remember that the document is being signed under penalty of perjury. You don't have to list it, but mention that any assets acquire prior to the marriage is the respective party's separate property.
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