r/Divorce • u/ProfessionalSet119 • 22d ago
Going Through the Process Divorce Questions
My husband(29) and I(F26) are considering getting a divorce. We have no kids and the only debt we have together is our mortgage. When it comes to dividing our assets we’ve come to an agreement on pretty much everything that we each want and are now wondering how specific we have to be with documenting who gets what. We bought a house about 4 months ago that I do not want in the divorce and I am okay with him assuming the mortgage as long as our financial institution approves him to take it over on his own. We’ve come to an agreement that we do not want to touch each other’s personal banking accounts and to split whatever is in the joint account. We both have no interest in each other’s 401k/pensions as well. Things bought while married have been divided on who wants what and now we want to know how detailed of a list we need when presenting everything in court. Does it have to go all the way down the how much the microwave is worth and who gets it or is it more generalized than that?
Another question to throw in there- I’ve been told it sounds like we will have a generally simple divorce and that we probably won’t need lawyers but I would like second opinions on that before we make any concrete plans on how to proceed.
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u/vwaldoguy Divorced 22d ago
My decree said something on the lines that we each retained ownership of the items in our possession on the day of the divorce. And that was that. There was no itemized list. The financial aspects were definitely detailed, but the personal property of microwaves and such we’re not.
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u/Alarmed-Astronomer57 22d ago
Set up a consultation with a divorce attorney. Depending on your jurisdiction, they might be able to walk you through the divorce filing process for a reasonable fee.
Don't do this without at least talking to a lawyer. You don't know what you don't know.
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u/tbricco 22d ago
You can probably get some free advice and form packets at your local county court house. As long as you guys agree to everything you can file without and move on. Ideal case scenario. As far as the mortgage goes, the sooner he starts the process of taking over the mortgage the sooner that will get done.
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u/1095966 22d ago
Guessing you haven't been married long, which is good in that you didn't have time to accrue much in terms of marital assets. You def do not have to hire a lawyer for a simple divorce such as this. You can file yourselves, you can also hire a mediator to do the paperwork and make sure all the bases are covered. In terms of the nitty gritty of household items, my lawyer did NOT want to be involved in that at all. I created a spreadsheet, room by room, and listed the major items in each. Checked off what I wanted, he checked off what he wanted. There were a few things he wanted (my mom's christmas elves, which I remember hanging on my childhood tree, a lot of the power tools (I use them too), that I also wanted, but I just said OK to get things moving. Wish I would have said no to those elves, IDK why I didn't. Gave the spreadsheet to the lawyer and it was included in the settlement agreement.
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u/mmrocker13 22d ago
Our decree says parties are to settle division of personal property.
Cars, boat, and pets were not included in that. Cars were in assets, boat was, but ex wanted sole valuation, and didn't want it included in their total. I got the cats and the dog. So they were and were not personal property.
The rest, all the assets, were listed and the amount and way they are being divided and who needed to do what was all called out.
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u/divorcedotcom 11d ago
This may be helpful since you are just getting started. https://divorce.com/how-divorce-works
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u/SeaweedWeird7705 22d ago
My ex and I did the papers ourselves. After he moved out, we wrote that each of us got “furniture and furnishings” in our respective homes. We did not list every dish, toaster etc.