QUESTION

If I want items protected do they need to be listed on the divorce papers? Or if something isn't listed is it protected?

Asked on Sep 04th, 2013 on Divorce - Florida
More details to this question:
My wife is about to file divorce papers using the both parties agree form. What happens if something isn't listed? Can she come back in 7 months and ask for the couch, or say my 401k?
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4 ANSWERS

Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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It depends on the language in the Agreement and the Final Judgment.
Answered on Sep 11th, 2013 at 5:27 PM

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Family Law Attorney serving Thousand Oaks, CA at Law Office of Terry A. Buchanan
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Everything pertaining to the community estate must be listed to protect the asset. Usually a provision is included in a final agreement that cover "undisclosed" assets or debts and how they are distributed upon discovery.
Answered on Sep 11th, 2013 at 5:27 PM

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Yes. Often times the boilerr plate language states that any assets not addressed can be addressed by the court at a later date. So to be on the safe side you should list any and all assets that you own and how they should be divided.
Answered on Sep 11th, 2013 at 5:27 PM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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Failing to identify marital assets or concealing the identity of marital assets clearly does not "protect" them from being divided and awarded in divorce. You know better. If failing to identify marital assets or concealing the identity of marital assets or conveniently "forgetting" to identify assets were enough to ensure they were not under the control of the divorce court, then virtually every member of every divorcing couple would conveniently forget to identify assets. In fact, Rule 26.1 of the Utah Rules of Civil Procedure makes it clear what can happen to those who conceal the identity of assets: 26(f) Sanctions. Failure to fully disclose all assets and income in the Financial Declaration and attachments may subject the non-disclosing party to sanctions under Rule 37 including an award of non-disclosed assets to the other party , attorney's fees or other sanctions deemed appropriate by the court.
Answered on Sep 11th, 2013 at 5:27 PM

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