The state is New York, no children involved, divorcing after 14 years.
I have asked husband for a divorce. We only have about $20,000 equity in home and H cannot afford the house on his own. We have agreed that I will refinance in my name only and he will sign-off (quitclaim), in exchange for me taking responsibility for $6000 in credit card debt, payment of income tax that we owe this year, and allowing him to keep the money from some valuable hobby equipment that he can sell. We recognize that our arrangement may not be perfectly equitable, but neither of us wants to pay a lawyer to fight over a few thousand dollars.
The major complication(?) is my retirement fund. H has agreed to accept 30%...will the court allow us to divide it that way? There are several reasons that we think that is fair, including debt that was from his previous marriage that we paid off, and his acknowledged financial irresponsibilty over the years that has left us pretty much broke. Do we have to document or prove that in some way, or will the court let us agree to split things as WE see fair?
For what part of this do we need to use a lawyer? It sounds like the QDRO for one thing. Can we do the rest of the paperwork on our own and just pay fees where necessary? We want to get out of this as cheaply as possible.
Thanks,
K
I have asked husband for a divorce. We only have about $20,000 equity in home and H cannot afford the house on his own. We have agreed that I will refinance in my name only and he will sign-off (quitclaim), in exchange for me taking responsibility for $6000 in credit card debt, payment of income tax that we owe this year, and allowing him to keep the money from some valuable hobby equipment that he can sell. We recognize that our arrangement may not be perfectly equitable, but neither of us wants to pay a lawyer to fight over a few thousand dollars.
The major complication(?) is my retirement fund. H has agreed to accept 30%...will the court allow us to divide it that way? There are several reasons that we think that is fair, including debt that was from his previous marriage that we paid off, and his acknowledged financial irresponsibilty over the years that has left us pretty much broke. Do we have to document or prove that in some way, or will the court let us agree to split things as WE see fair?
For what part of this do we need to use a lawyer? It sounds like the QDRO for one thing. Can we do the rest of the paperwork on our own and just pay fees where necessary? We want to get out of this as cheaply as possible.
Thanks,
K
