california law filed documents must be served within

#California law filed documents must be served within full
#California law filed documents must be served within code
#California law filed documents must be served within series

What about mistakes on the preliminary declaration of disclosure? Retain experienced and knowledgable divorce representation to ensure you are using the proper language. An experienced attorney's advice is important here and this is not something any spouse should try to do on their own. If a spouse is not sure if an asset is community or separate property, he or she may state the characterization is not yet known and investigation into the characterization is continuing. In such a circumstance, the schedule of assets and debts should state what percentage the spouse owns. This is common with businesses where a spouse may be a business partner or a partial shareholder but does not own the entire business. There are also situations when an asset may not be 100% community or separate property of the spouses. Sometimes an asset may be a combination of the two and in such a situation the spouse who signs the disclosures should state if the asset is community property but there is also a separate property interest in it. The preliminary declaration of disclosure also requires the spouse to state whether he or she believes the asset is community or separate property. The spouse must designate assets and debts as community or separate, if he or she knows the characterization It is common in a preliminary declaration of disclosure to place the value of an asset that has not yet been valued or appraised as “unknown.” But the spouse better take action if he or she is going to do that to become informed regarding its value. The same rules applies to debts and liabilities. And if a spouse is unsure about an asset's value, he or she needs to do the due diligence to determine its value.

In addition, the law mandates that the assets and debts or liabilities must be set forth with sufficient particularity such that a person of reasonable and ordinary intelligence can understand it. The spouse must state on the preliminary declararation the value of each asset and the amount of each debt It does not matter who has possession of it. It does not matter if the asset or debt is community or separate property. Sometimes spouses become confused about what they must disclose even though the instructions on the disclosure forms are clear. The spouse must disclose community and separate property on a preliminary declaration of disclosure

#California law filed documents must be served within full

The spouse signs the preliminary declaration of disclosure under penalty of perjuryĮverything in the preliminary declaration of disclosure must be signed and dated under penalty of perjury.Ĭommitting perjury by providing false information or even unintentionally providing incomplete or incorrect information can have significant consequences on a divorce settlement and judgment later on, including a partial or full set aside of the terms impacted by the nondisclosure or incorrect disclosure. The law also requires the last two years of tax returns attached to the disclosures. The schedule of assets and debts requires certain information regarding assets and debts attached including title documents, bank statements, etc.

The income and expense declaration requires certain income documents attached. A preliminary declaration of disclosure also requires certain attachments. These forms include but are not limited to a schedule of assets and debts and an income and expense declaration.

#California law filed documents must be served within series

The preliminary declaration of disclosure is a series of forms

#California law filed documents must be served within code

These deadlines are important but the California Family Code also allows the spouses to agree to extend these times by written agreement or by court order. Spouses may agree to extend these deadlines for serving the preliminary declaration of disclosure The respondent must serve his or her preliminary declaration of disclosure within 60 days of the response's filing dateĪnd what about the respondent? The respondent must serve his or her declaration of disclosure either with the response or within 60 days after he or she files the response. There is a rare exception to this timeline if there is service by publication or posting by court order but we won't go there because that is such a unique circumstance. Once the divorce petition is filed, the petitioner must serve the respondent with the declaration of disclosure either with the petition or within 60 days after he or she files the petition. The petitioner must serve his or her preliminary declaration of disclosure within 60 days of the petition's filing date