I want to divorce my husband and he wants to sign a paper that he doesnt want any of our properties,asset including spuse support. What shall i do first?

I want to divorce my husband and he wants to sign a paper that he doesnt want any of our properties,asset including spuse support. What shall i do first? he doesn’t work. I work 2 jobs. The house and bank account are all under my name but he doesn’t want any of it. He is willing to sign. What kind of paper do I need to prepare to have him sign that is admissible in court just in case he will change his mind later to protect my assets

Asked on June 29, 2016 under Family Law, California

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The first step in a divorce is to file a petition to start the divorce action.  You and your husband then need to prepare a final decree which reflects your agreement.  The decree can then be entered to finalize the divorce. 
As in most states, you don't have to have an attorney in California to help you prepare the documents... but considering the implications of this agreement, you want to make sure that all documents are properly prepared.
In the interim, you can have the attorney prepare and affidavit agreement or marital agreement form so have him sign to reflect the nuts and bolts of the agreement.


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