Disclosure Obligations in Divorce Proceedings

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Family Code Section 2104 requires each party in a marriage dissolution matter to serve on the other party completed California Judicial Council forms executed under penalty of perjury that include the following information with sufficient particularity:

“(1) The identity of all assets in which the declarant has or may have an interest and all liabilities for which the declarant is or may be liable, regardless of the characterization of the asset or liability as community, quasi-community, or separate.
(2) The declarant’s percentage of ownership in each asset and percentage of obligation for each liability where property is not solely owned by one or both of the parties. The preliminary declaration may also set forth the declarant’s characterization of each asset or liability.”

Each party is required to serve these completed forms on the other party twice prior to the conclusion of the matter, including therewith a completed Declaration of their Income and Expenses. The first set of judicial forms is called the Preliminary Declaration of Disclosure and the second set of judicial forms is known as the Final Declaration of Disclosure.  The parties may mutually agree to waive their respective right to receive the Final Declaration of Disclosure.  Under Section 2107 of the Family Law Codes, if a party fails to provide these mandatory disclosures to the other after being requested, the failing party may be subject to sanctions imposed by the court which shall include reasonable attorney’s fees and costs incurred by the complying party.

****The opinion above is not intended to be legal advice and absolutely does not create
any attorney-client relationship between its author and the readers. Please consult an attorney for information or advice specific to your legal issue.****

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