Your Guide Through Challenging Times

Your divorce and the importance of disclosure documents

On Behalf of | Jun 7, 2021 | Divorce |

Once you decide to divorce in the state of California, there are various documents to serve and documents to file. 

Good examples are the preliminary and final declarations of disclosure. What are these and why are they important to your divorce? 

About disclosure documents

The petitioner in a California divorce must serve both a preliminary and a final declaration of disclosure on the respondent within 60 days of filing the Petition. The respondent follows suit, serving the disclosure documents on the petitioner within 60 days of the Response. Note that these documents are not filed with the court. What is filed with the court is a declaration that states service was either completed or waived by mutual agreement of the parties. 

Attachments

Certain attachments accompany the disclosure documents: 

                – Completed Schedule of Assets and Debts 

                – Declaration form for Community and Quasi-Community Property 

                – Completed Income and Expense Declaration 

                – Tax returns for the past two years 

                – Statement of material facts and information regarding valuation of community property 

                – Statement of material facts and information regarding community obligations 

                – Written disclosure of any investment, business or other income-producing opportunities since the date of separation 

Essential documents

You and your soon-to-be-ex-spouse may face an amicable divorce. You may be able to work out a settlement agreement that is satisfactory to you both and enter the post-divorce era on a high note. On the other hand, you may be far apart on important points, which can cause a delay in obtaining your divorce. Keep in mind that you must complete both a preliminary and a final declaration of disclosure. Failure to do so will keep your California divorce from becoming final.