How to File Preliminary Disclosure Forms in a CA Divorce

Question from Aras, How to File Preliminary Disclosure Forms in a CA Divorce

Answer from AI:

When you’re involved in a divorce case in California and you don’t have an attorney, you’ll need to handle certain legal procedures on your own. One of these is the filing of preliminary disclosure forms. These forms are a mandatory part of the divorce process and are used to ensure that both parties are fully aware of each other’s financial situation.

Required Forms

The preliminary disclosure forms you’ll need to complete and file include:

• Declaration of Disclosure (FL-140): This form serves as a cover sheet for your disclosures.
• Income and Expense Declaration (FL-150): Here, you detail your income and expenses.
• Schedule of Assets and Debts (FL-142) or a Property Declaration (FL-160): These forms list all your known assets and debts.
• Declaration Regarding Service of Declaration of Disclosure (FL-141): This form confirms that you have served the other party with your disclosure documents.

Filing and Serving the Forms

To file these forms with the court, follow these steps:

1. Complete the forms accurately, providing all required information.
2. Make two copies of each form: one for your records and one to serve to the other party.
3. File the original forms with the court clerk in the county where your divorce case is being handled. You may need to pay a filing fee, which varies by county. Check with your local court for the exact amount.
4. After filing, serve the copies to the other party’s attorney, or the other party directly if they do not have an attorney. This can be done by mail or in person, but it must be done by someone over the age of 18 who is not involved in the case.
5. Complete the Declaration Regarding Service of Declaration of Disclosure (FL-141) to document that you have served the other party.
6. File the FL-141 with the court to show that you have complied with the disclosure requirements.

Supporting Documents

In addition to the forms, you’ll need to provide supporting documents that verify the information you’ve provided. These may include:

• Recent pay stubs
• Tax returns
• Bank statements
• Loan documents
• Property deeds
• Other financial documents

Consulting a Legal Professional

While you can complete and file these forms on your own, it’s often beneficial to consult with a legal professional, especially if you have complex assets or if the divorce is contested. A family law facilitator at the courthouse can provide assistance at no cost. For personalized advice, consider hiring a family law attorney.

Additional Resources

For more information and to access the forms mentioned, visit the California Courts Self-Help Center. This resource provides detailed instructions and downloadable forms.

Remember, it’s important to complete all forms accurately and serve them in a timely manner to avoid delays in your case. If you’re unsure about any part of the process, seek legal advice to ensure your rights are protected.