Preliminary Disclosures

Preliminary Disclosures

By Marcus Morales on Mar 08, 2018 in Articles, Business Valuation, Divorce, Legal Separation, Property Division, Spousal Support

After filing a petition or response for divorce in California, each party is required to serve preliminary disclosures. Preliminary disclosures include an income and expense declaration, a schedule of assets and debts, and other financial disclosures. Pursuant to California Family Code § 2104(f), the petitioner must serve their preliminary disclosures within 60 days of filing of the petition. The respondent must serve their preliminary disclosures within 60 days of filing the response. After serving your preliminary disclosures, you must file a declaration of disclosure with the court. Note, you don't file the financial documents with the court, only the declaration of disclosure.

Here is a link to the declaration of disclosure to file with the court.

If a party fails to serve preliminary disclosures, a party can file a motion with court under California Family Code § 2107 to compel a party to serve preliminary disclosures. Cal. Fam. Code § 2107(a) requires a party to have actually served their preliminary disclosures before bringing such a motion.

Here is a link to the Declaration of Disclosure, FL-140, which describes the financial disclosures which must be made.

Here is a link to the Schedule of Debts and Assets.

Here is a link to the Income and Expense Declaration.

If you have questions about preliminary disclosures, feel free to call Morales Law for a free consultation (805) 845-5405.

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