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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7454
Experience:  Experienced Family Law Attorney
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I am in San Diego county, CA. we filed , we have

Customer Question

I am in San Diego county, CA.
we filed for divorce, we have no children, we have agreed on all division of assets and household items (art, etc), no one is paying the other any sort of spousal support. We both filled out the financial disclosure documents and have exchanged them with each other. How do the courts know our final information to produce the final decree? Do WE sent it to them? This part seems very unclear to us and yet somehow in less than a few months the courts will send us a divorce decree with zero information provided?
thanks for your help...
K
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.
Good Day! I'll do my best to assist you. Please remember: I only provide general information and a local attorney should always be consulted.
Thanks for your patience as I researched this for you.
Full financial disclosure is required before a court will enter a decree of dissolution. The financial disclosures themselves (ie Income and Expense Declaration FL 150) is not to be filed with the court; rather the proof of service is to be filed with the court. The court will not enter the decree without this.
That form is located here: http://www.courts.ca.gov/documents/fl141.pdf
Here is the controlling statute:
2103. In order to provide full and accurate disclosure of all
assets and liabilities in which one or both parties may have an
interest, each party to a proceeding for dissolution of the marriage
or legal separation of the parties shall serve on the other party a
preliminary declaration of disclosure under Section 2104 and a final
declaration of disclosure under Section 2105, unless service of the
final declaration of disclosure is waived pursuant to Section 2105 or
2110, and shall file proof of service of each with the court.
2104. (a) Except by court order for good cause, as provided in
Section 2107, in the time period set forth in subdivision (f), each
party shall serve on the other party a preliminary declaration of
disclosure, executed under penalty of perjury on a form prescribed by
the Judicial Council. The commission of perjury on the preliminary
declaration of disclosure may be grounds for setting aside the
judgment, or any part or parts thereof, pursuant to Chapter 10
(commencing with Section 2120), in addition to any and all other
remedies, civil or criminal, that otherwise are available under law
for the commission of perjury. The preliminary declaration of
disclosure shall include all tax returns filed by the declarant
within the two years prior to the date that the party served the
declaration.
(b) The preliminary declaration of disclosure shall not be filed
with the court, except on court order. However, the parties shall
file proof of service of the preliminary declaration of disclosure
with the court.
(c) The preliminary declaration of disclosure shall set forth with
sufficient particularity, that a person of reasonable and ordinary
intelligence can ascertain, all of the following:
(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.
(d) A declarant may amend his or her preliminary declaration of
disclosure without leave of the court. Proof of service of any
amendment shall be filed with the court.
(e) Along with the preliminary declaration of disclosure, each
party shall provide the other party with a completed income and
expense declaration unless an income and expense declaration has
already been provided and is current and valid.
(f) The petitioner shall serve the other party with the
preliminary declaration of disclosure either concurrently with the
petition for dissolution, or within 60 days of filing the petition.
The respondent shall serve the other party with the preliminary
declaration of disclosure either concurrently with the response to
the petition, or within 60 days of filing the response. The time
periods specified in this subdivision may be extended by written
agreement of the parties or by court order.
2105. (a) Except by court order for good cause, before or at the
time the parties enter into an agreement for the resolution of
property or support issues other than pendente lite support, or, if
the case goes to trial, no later than 45 days before the first
assigned trial date, each party, or the attorney for the party in
this matter, shall serve on the other party a final declaration of
disclosure and a current income and expense declaration, executed
under penalty of perjury on a form prescribed by the Judicial
Council, unless the parties mutually waive the final declaration of
disclosure. The commission of perjury on the final declaration of
disclosure by a party may be grounds for setting aside the judgment,
or any part or parts thereof, pursuant to Chapter 10 (commencing with
Section 2120), in addition to any and all other remedies, civil or
criminal, that otherwise are available under law for the commission
of perjury.
(b) The final declaration of disclosure shall include all of the
following information:
(1) All material facts and information regarding the
characterization of all assets and liabilities.
(2) All material facts and information regarding the valuation of
all assets that are contended to be community property or in which it
is contended the community has an interest.
(3) All material facts and information regarding the amounts of
all obligations that are contended to be community obligations or for
which it is contended the community has liability.
(4) All material facts and information regarding the earnings,
accumulations, and expenses of each party that have been set forth in
the income and expense declaration.
(c) In making an order setting aside a judgment for failure to
comply with this section, the court may limit the set aside to those
portions of the judgment materially affected by the nondisclosure.
(d) The parties may stipulate to a mutual waiver of the
requirements of subdivision (a) concerning the final declaration of
disclosure, by execution of a waiver under penalty of perjury entered
into in open court or by separate stipulation. The waiver shall
include all of the following representations:
(1) Both parties have complied with Section 2104 and the
preliminary declarations of disclosure have been completed and
exchanged.
(2) Both parties have completed and exchanged a current income and
expense declaration, that includes all material facts and
information regarding that party's earnings, accumulations, and
expenses.
(3) Both parties have fully complied with Section 2102 and have
fully augmented the preliminary declarations of disclosure, including
disclosure of all material facts and information regarding the
characterization of all assets and liabilities, the valuation of all
assets that are contended to be community property or in which it is
contended the community has an interest, and the amounts of all
obligations that are contended to be community obligations or for
which it is contended the community has liability.
(4) The waiver is knowingly, intelligently, and voluntarily
entered into by each of the parties.
(5) Each party understands that this waiver does not limit the
legal disclosure obligations of the parties, but rather is a
statement under penalty of perjury that those obligations have been
fulfilled. Each party further understands that noncompliance with
those obligations will result in the court setting aside the
judgment.
These codes are located here: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=02001-03000&file=2100-2113
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Expert:  LegalGems replied 1 year ago.
Here is a link to help locate an attorney:
www.findlegalhelp.org and http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm
Of course, should you have other questions please do not hesitate to post here.
If you found the information I provided useful, kindly rate positive as that is the only way the site is allowed to credit me so that I am compensated for the time I spent- which does not result in additional charges to the customer.
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