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FamilyAttorneyPA, Family Law Attorney
Category: Family Law
Satisfied Customers: 45
Experience:  I am licensed by the Supreme Court of Pennsylvania to practice law in PA.
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My wife and I want a dissolution. She has incurred $20,000

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My wife and I want a dissolution. She has incurred $20,000 student debt, but we agree that she will take her student debt and I will take care of mine. Mine is $2000.00. Can we still do a dissolution with a statement of info stating the posistion with our student debt. We have no kids, no assets other consideration other than these student loans. Can we do a dissolution rather than a full divorce? We live in California. Thanks.
Yes, you are able to do a dissolution of marriage, if by dissolution you mean a "no-fault divorce" because the marriage is ending due to irreconcilable differences.

When parties are going through an amicable divorce, they will typically prepare, or have prepared on their behalf, something known as a Marriage Dissolution Agreement or Marriage Settlement Agreement. In said Agreement the assets and liabilities of the parties are divided in accordance with the parties' wishes. Besides dividing assets, it can also include provisions which will determine the parties' rights considering alimony pendente lite and alimony, among other things, if the parties are willing to agree to those issues as well.

So to reiterate into a shorter answer, yes you can proceed with a dissolution and you may also agree to divide your student debts as you see fit.

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Customer: replied 5 years ago.
Great thank you. Can we be general on the statement of info and refer to the student debt as "student debt" or do we need to list out exactly what it is. I don't know exactly what her $ debts are and who the creditors are. So can we just say we agree to take care of our own. Will this be sufficient info on the statement of info.
Customer: replied 5 years ago.
sorry I mean within the settlement agreement. Does it need to list the debt and be in detail
I apologize if this posts twice. When I first clicked answer, the page somehow reset.

The debt does not need to be listen in exact detail; the exact amount is not necessary. What is necessary, however, is that it must be clear beyond doubt who is responsible for which debt. This is important so the Agreement cannot be challenged in the future for being too vague. By saying something along the lines of each party shall be solely responsible for the debts incurred for the purposes of their individual education, that should be sufficiently clear.
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