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What is "Final Disclosure"?

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When you started your divorce proceedings, you did a "preliminary disclosure." That is, you "disclosed" your financial situation - what you owed and owned – with your spouse or partner. You did this by filling out four or five forms and having them "served" on your spouse or partner. Probably your spouse or partner did the same thing – filled out the forms and had copies served on you.

Now that you are getting ready to begin life as a single person, you need to make sure that all of  your financial information is complete and up-to-date so final decisions can be made about dividing all of your assets Opens new window and liabilities Opens new window fairly. This is called "Final Disclosure."


You DO NOT have to do "Final Disclosure" IF:

  • Your spouse or partner has not filed a Response to your Petition for Divorce, or any other papers with the court, and has not signed a written settlement agreement. (this is a "True Default" case)

    OR,
  • You and your spouse or partner agree in writing to skip ("waive") your final Declarations of  Disclosure.

If you and your spouse or partner agree to skip ("waive") your Final Declaration of Disclosure, PLEASE NOTE THAT:

  • California Family Code, Section 2105(d) Opens new window states that very specific language is to be included in your final agreement filed with the court.


If you DO need to do "Final Disclosure":

You are to update all of your preliminary disclosure forms:

  • Declaration of Disclosure (Form FL-140) Opens new window
    See the instructions Opens new window for this form.
  • Schedule of Assets and Debts (Form FL-142) Opens new window
    See the instructions Opens new window for this form.
  • Income and Expense Declaration (Form FL-150) Opens new window
    See the instructions Opens new window for this form.
  • Disclosure of investment opportunities since you separated, if any. Write this out on a clean sheet of paper, as there is no form for this.
  • Declaration Regarding Service of Declaration of Disclosure
    (Form FL-141) Opens new window
    See the instructions Opens new window for this form.


Declaration of Disclosure:

Form FL- 140 for Final Disclosure is a cover sheet that lists all the attached completed forms.

  • You must fill out a NEW Declaration of Disclosure for final disclosure.
  • You must attach an updated Income and Expense Declaration and a Schedule of Assets and Debts (remember this time you have to fill out all the columns on this form).
  •  As part of the Declaration of Disclosure, you must also write, on separate sheets of paper (these are not court forms):
    • A statement explaining how you came up with your estimated value of all assets that are all or partly community property,
    • A statement listing values of the assets and obligations that you and your spouse or partner may be responsible for; and
    • A list of your investment opportunities since you separated.

Attach these to the Declaration of Disclosure.

Keep the original set of forms, and make one copy of everything for your spouse or  partner.

  • Have these forms served on your spouse or partner by mail or in person before or at the time the two of you sign your settlement agreement.
  • If your case is contested, all of this must happen at least 45 days before your "first  assigned trial date."
    • You may have the final disclosure either mailed or hand delivered to your spouse or  partner by an adult other than yourself who is over the age of 18 and not a party to your case.

The only form you file with the court is the "Declaration Regarding Service of Declaration of Disclosure" (Form FL-141) 

By completing this form and filing it at the court, you are telling the court that you have completed and served on your spouse or partner final disclosure forms.

 

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