What are the Preliminary and Final Declarations of Disclosure, and how do I complete and serve them in a California divorce?

The Preliminary and Final Declarations of Disclosure are mandatory financial statements that you and your spouse must exchange in a California divorce. They provide a complete and honest picture of your assets, debts, income, and expenses to ensure a fair property division. Here is how you complete and serve these documents: Step 1: Gather Your Financial Information Collect all documents related to your finances from the date of marriage to the present. This includes at least two years of tax returns, pay stubs for the last two months, bank account statements, credit card statements, property deeds, mortgage statements, vehicle titles and loan documents, and retirement and investment account statements. Step 2: Complete the Preliminary Declaration of Disclosure (PDoD) You will complete three main forms, which you can find on the California Courts website (courts.ca.gov/forms): - Declaration of Disclosure (FL-140) - Schedule of Assets and Debts (FL-142) - Income and Expense Declaration (FL-150) The petitioner must serve these within 60 days of filing the petition. The respondent must serve them within 60 days of filing the response. Step 3: Complete the Final Declaration of Disclosure (FDoD) The FDoD is an updated version of your preliminary disclosures, reflecting any changes that occurred during the case. You will use the same forms (FL-140, FL-142, FL-150) and must include all material facts and information regarding asset valuation. This is typically done before you sign a final settlement agreement or go to trial. Step 4: Serve the Disclosures on Your Spouse You do NOT file the disclosure documents (FL-140, FL-142, FL-150) with the court. You must have someone else over the age of 18, who is not a party to the case, mail a copy of your completed disclosures to your spouse or their attorney. That person must then complete a Proof of Service by Mail (FL-335). Step 5: File Proof of Service with the Court The only form you file with the court clerk is the Declaration Regarding Service of Declaration of Disclosure (FL-141), attaching your completed Proof of Service (FL-335). The court cannot enter a final judgment in your case until it has a filed FL-141 from both parties. Important considerations: In many uncontested cases, you and your spouse can agree to waive the Final Declaration of Disclosure using form FL-144 to save time and expense. You cannot waive the Preliminary Declaration of Disclosure. Your duty to disclose is ongoing from the date of separation until all property has been divided. Note: Failing to disclose assets or providing false information can lead to severe penalties, including having your divorce judgment set aside and paying the other party's attorney's fees. This is general information and does not constitute legal advice. For complex situations, especially those involving businesses or hidden assets, you should consult with a qualified California attorney.