It is important for divorcing spouses to complete relevant forms as accurately as possible. Here is everything you need to know about a preliminary declaration of disclosure in California.
A preliminary declaration of disclosure is a very important series of divorce case forms that regard all assets, income, and expenses. It must be filed within 60 days of the filing date of the petition or response. The main form, FL-140, is accompanied by 3 other forms as well as 4 other statements. The declaration of disclosure is signed under penalty of perjury, and proof must be given to the court that the declaration was served.
What Is a Preliminary Declaration of Disclosure?
The preliminary declaration of disclosure is one of the most important parts of a divorce case in California. The general rule is that one must be served in every divorce case, and there are very limited circumstances in which a spouse can avoid serving a preliminary declaration of disclosure.
Related: Financial Disclosures in California Divorces: The Basics
How to Fill Out and File a Preliminary Declaration of Disclosure
The petitioner must serve their preliminary declaration of disclosure within 60 days of the petition’s filing date, and the respondent must serve their preliminary declaration of disclosure within 60 days after filing their response. While these deadlines are important, the California Family Code does allow the spouses to extend these deadlines by written agreement or court order.
The preliminary declaration of disclosure is a series of forms, including but not limited to a schedule of assets and debts and an income and expense declaration. A preliminary declaration of disclosure also requires certain attachments. These forms and attachments include:
- Schedule of Assets and Debts Form (FL-142),
- Property Declaration Form (FL-160),
- Income and Expense Declaration Form (FL-150),
- The last two years of tax returns attached to the disclosures,
- A statement of all material facts and information regarding the valuation of community property assets or assets in which the community has an interest,
- A statement of all material facts and information regarding obligations for which the community is liable,
- 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 opportunities from the date of marriage to the date of separation.
The spouse signs the declaration of disclosure under penalty of perjury, and must disclose community and separate property on the preliminary declaration. On the preliminary declaration of disclosure, the spouse must state the value of each asset and the amount of each debt, as well as designate all assets and debts as community or separate, if characterization is known. Finally, the spouse must also file proof that they served the preliminary declaration of disclosure.
Final Steps of a Preliminary Declaration of Disclosure
Just because the couple has completed a preliminary declaration of disclosure, the duty of disclosure is not necessarily complete. Both spouses have a duty to update the disclosures if there are circumstances that affect the assets, debts, or liabilities. This can include a change in investment opportunities or value. This duty of ongoing disclosure continues from the date the spouses separate to the date the asset is distributed.
Related: How to Protect Your Assets in a California Divorce
FAQs About Preliminary Declaration of Disclosure in California
What about mistakes in the preliminary declaration of disclosure?
Mistakes are not fatal on the preliminary declaration of disclosure as long as they are caught and corrected in a reasonable amount of time. Ideally, these mistakes will be recognized and fixed before the declaration even reaches judgment.
Are the declaration of disclosure forms filed with the court?
No, the preliminary declaration of disclosure form is not filed with the court. Instead, it is simply served on the other party. Once all the documents have been provided to the other party, a Declaration Regarding Service of Declaration of Disclosure (FL-141) is the only document filed to evidence that these documents were given to the other party.
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If you have any more questions about filing a preliminary declaration of disclosure in California, contact us. Get your free consultation with one of our Property Division Attorneys in California today!