If you’re divorcing in Tustin, you and your spouse must exchange financial information. Here are answers to the most common questions.
It is a sworn exchange of information about your income, expenses, debts, and property. You must share your financial information in a divorce or legal separation, and both sides must be honest and complete.
Financial disclosures generally happen twice: preliminary disclosures are exchanged near the beginning of the case, and final disclosures are exchanged before an agreement is reached. In qualifying cases, the spouses may agree to waive the final disclosures.
California Courts Self-Help Center: Share Your Financial Information
Yes. The requirement generally applies even when there is little or nothing to list.
The petitioner must generally serve the preliminary disclosure with the Petition or within 60 days after filing it. If the respondent files a Response, the respondent must generally serve the preliminary disclosure with the Response or within 60 days after filing it.
California Family Code Section 2104
For a joint petition, both parties must exchange their preliminary financial disclosures within 60 days of filing.
The financial disclosure process includes:
FL-142 and FL-160 are alternatives for listing property; both are not automatically required. You also provide written information about asset values and community debts, along with your tax returns from the past two years.
Orange County Superior Court: Preliminary Declaration of Disclosure Guidelines
Orange County Superior Court: Declaration of Disclosure Packet
The disclosure documents are generally exchanged with your spouse rather than filed with the court. File FL-141 to show that the disclosures were served. FL-150 remains part of the disclosure process and may also need to be filed separately when required for a support request or other court proceeding.
Orange County Superior Court: Preliminary Declaration of Disclosure Guidelines
Only the final disclosures may be waived by agreement. To waive the final declarations of disclosure, you and your spouse must complete and file Form FL-144, Stipulation and Waiver of Final Declaration of Disclosure.
The preliminary disclosures generally cannot be waived by agreement.
California Courts Self-Help Center: Share Your Financial Information
This article provides general information and does not constitute legal advice. LDA Legal Solutions is not a law firm and cannot provide legal advice or representation. Laws and procedures may change. Individuals who need advice about their rights or circumstances should consult a licensed California attorney.
For an overview of related topics, read our guide to family law documents in Orange County.
Document preparation information is available on the family law document preparation page.
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