To give your preliminary or final declaration of disclosure to your spouse or domestic partner, you must have it served in person or by mail. This means that someone, NOT you, 18 or older delivers or mails the Declaration of Disclosure (Form FL-140) and attachments to your spouse or domestic partner.
In every single divorce case in California, with the exception of default cases, both litigants must prepare and serve a set of forms known as Declarations of Disclosure. These forms are the financial statements that set forth a full disclosure for each party of their respective income, expenses, assets and debts.
Parties who agree to waive final declarations of disclosure must file their written agreement with the court (see form FL-144). Service of preliminary declarations of disclosure may not be waived by an agreement between the parties. petitioner is required to complete and serve a preliminary declaration of disclosure.
This document, unlike FL-140 and 142, is filed with the court. A brief review of the forms and what you do with each: FL-140: Only served on your spouse. FL-141 (this form): Filed with the court AND served on your spouse.
This is a mandatory filing requirement for divorcing couples in the state of California. The preliminary financial disclosure is a list of all marital assets and debts from each party, disclosed to the other spouse before divorce proceedings. Each party must accurately disclose assets and debts for a fair divorce case.
In a dissolution, legal separation, or nullity action, both a preliminary and a final declaration of disclosure must be served on the other party with certain exceptions. Neither disclosure is filed with the court.
Preliminary vs Final Declaration of Disclosure There are two kinds of disclosure required; the “preliminary” Declaration of Disclosure which is provided typically at the beginning of a case and the “final” declaration of disclosure which is provided at the end of the case.
To give your preliminary or final declaration of disclosure to your spouse or domestic partner, you must have it served in person or by mail. This means that someone, NOT you, 18 or older delivers or mails the Declaration of Disclosure (Form FL-140) and attachments to your spouse or domestic partner.
What is the point?: The point of disclosure is to make sure that you and your spouse are aware of everything you each own and owe, separately and together, so you can divide your assets and debts equitably. It also gives you the financial information you need to make decisions about child and spousal support.
Your lawyer can file a motion to compel the respondent to provide the required disclosures. If the respondent continues to ignore court orders, the court may impose sanctions, such as fines or other penalties, against them. These sanctions can act as a deterrent and encourage compliance.