This book will focus on the rights each spouse has under certain laws, situations, and circumstances, and how the division of the property will be decided by the court or through negotiation.
I am the petitioner in the divorce proceedings, and my STBX and I have agreed about the whole thing; we still get along fine, just agreed that we had grown apart over the years.
In the process we had purchased a condo and I had accumulated student loan debt. (I'm still in grad school.)
Even though California is a community property state, we agreed to divide the property up so that she would get the condo and one car, and I would take the other car and assume the student debt.
Now, I know that I'm getting the short end of the community-property-stick here, by taking the debt and giving her the condo, but it's the way we both want to do things. So, on paper, it looks like a completely uneven division of property, and the judge keeps sending me back to "resubmit" it.
The judge had initially said that she would consider granting an uneven division that was uneven against me (as the petitioner), but has since given me the run-around.
So, is it possible to request an uneven division of property in California, and what's the best way to do this? I've already filled out a Declaration (court document) and filled out the legal forms accordingly, but I'm wondering if a notarized statement by me stating that I waive the right to 50-50 division would help anything?
We've been trying to do this without a lawyer, since we've agreed on everything, so I don't have one to consult with yet.
The judge has to sign off on the agreement. That step is there to prevent a dominant spouse from bulldozing the other. You both need to explain to the judge why you consider the proposed agreement to be fair.
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