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. (see Form FL-140) Unless the Final Disclosure is waived (Form 144)
Neither disclosure is filed with the court. Instead, a declaration stating that service of disclosure documents was completed or waived must be filed with the court (see form FL-141).
The petitioner must serve a preliminary declaration of disclosure at the same time as the Petition or within 60 days of filing the Petition. The respondent must serve a preliminary declaration of disclosure at the same time as the Response or within 60 days of filing the Response. The time periods may be extended by written agreement of the parties or by court order (see form FL-144).
The Parties must disclose:
1.ALL ASSETS AND DEBTS (see form FL-142)
2.ALL INCOME AND EXPENSES (see form FL-150)
- All tax returns filed by the party in the two years before the date that the party served the disclosure documents.
- A statement of all material facts and information regarding valuation of all assets that are community property or in which the community has an interest (not a form). To be provided in a Narrative format .
5.A statement of all material facts and information regarding obligations for which the community is liable (not a form). – To be provided in a Narrative format.
- An accurate and complete written disclosure of any investment opportunity, business opportunity or other income producing opportunity presented since the date of separation that results from any investment, significant business, or other income- producing opportunity from the date of marriage to the date of separation (not a form). To be provided in a Narrative format.
The Declaration of Disclosure must be signed under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
An inaccurate or false Declaration of Disclosure is grounds to set aside a Marital Settlement Agreement/Judgment of Dissolution
Before you can get a judgment to finish your case, you must disclose to your spouse/partner the nature and extent of all marital/partnership assets and debts. This is done by completing and serving your Financial Disclosures and Income and Expense Declaration on your spouse/partner.
It is advised to obtain help to complete your Declaration of Disclosure.