Breaking Down Preliminary Declaration of Disclosure
When going through a divorce the Preliminary Declaration of Disclosure is required. The Court wants to know that both parties have complied with the process. After both parties have provided their financial snapshot to the other party; it's possible to waive Final Declarations. What is included in the Preliminary Declaration of Disclosures? Read on to find out what is required of each party to complete the process.
FL-140 Declaration of Disclosure: This form is not filed with the Court, but it is served with the other documents on your spouse. It explains to the other party what is being served.
FL-142 Schedule of Assets & Debts: All assets should be disclosed using this form, listing the property as community or separate, the date acquired, current fair market value and the amount of money that is owed. Debts are also listed on this form and will include whether the debt is community or separate, total owing and date the debt was incurred. It is also required that you submit copies of backup information with this form i.e. bank statements, mortgage statements/deeds, credit card statements etc. This form will not be filed with the Court.
FL-150 Income and Expense Declaration: Income will be listed on this form from your current employer or from self-employment. The form also requests age and education, asset totals and what your monthly expenses are (either estimated, actual or proposed needs). This form will be filed with the Court and you will have to attach 2 months of paystubs or a Schedule C/Profit & Loss if you are self-employed.
You are also required to serve 2 years of tax returns on your spouse.
Once you have completed the above documents, you will need to file the FL-141 Declaration Regarding Service of Declaration of Disclosures and Income and Expense Declaration. This form tells the Court that you have served the other party and the method used to serve the other party.
As mentioned above this is a required step of the divorce process. If you are having trouble preparing your divorce and need assistance in completing the forms, contact my office today at (925) 336-5711 or use my Book Now feature to schedule an appointment.
Diablo LDA is not a law firm and cannot give legal advice, represent you in Court or select legal forms for you. We can provide self-help services at your specific direction.