Preliminary Disclosures

After filing a petition or response for divorce in California, each party must serve preliminary disclosures. Preliminary disclosures include:

  • An income and expense declaration.
  • A schedule of assets and debts.
  • Other financial disclosures.

According to California Family Code § 2104(f), the petitioner must serve their preliminary disclosures within 60 days of filing 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 a court under California Family Code § 2107 to compel a party to serve preliminary disclosures. Cal. Fam. Code § 2107(a) requires a party to have 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 that a person must make.

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) 422-7966.

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