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You are here: Families & Children > Divorce, Legal Separation & Annulment > Get a Divorce, Legal Separation, or Annulment > Guide for an Uncontested Case for Divorce, Legal Separation, or Annulment > Step 3: Serve Your Disclosure Forms
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Disclosure
Preliminary Declaration of Disclosure
Forms You Need to Complete Your Preliminary Disclosure
Your Final Disclosure
Forms You Need to Complete a Final Disclosure
Disclosure
The next step is to fill out and serve your disclosure forms. State law requires that you and your spouse or domestic partner give each other written information about what you own and what you owe, and about your income and expenses.
If you leave anything out, either by mistake or on purpose, your property division can be "set aside." That means it won't be valid. If that happens, your case may be reopened. If you purposely make any false statement in the disclosure papers, you could be punished severely.
Disclosure allows both you and your spouse or domestic partner to be aware of everything you each own and owe so you can divide your property and debts equally. It also gives you the financial information you need to make decisions about child and spousal or partner support.
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Preliminary Declaration of Disclosure
First, complete your preliminary Declaration of Disclosure (form FL-140). Try to do it as soon as possible after you complete Step 2. That will give you and your spouse or domestic partner the information you need to divide your property and debts and make an agreement on support.
You and your spouse or domestic partner may each have to prepare and serve a final Declaration of Disclosure at the end of your case. The final Declaration of Disclosure will use the same forms and must have complete, up-to-date information.
You do NOT file either of these declarations of disclosure with the court. Instead, each of you mails or gives your spouse or domestic partner a copy of the completed forms. You keep the original disclosure forms.
The only form you file with the court at this step is the Declaration Regarding Service of Declaration of Disclosure (form FL-141). This shows you have given your spouse or domestic partner the preliminary or final declaration of disclosure. Click here for instructions for form FL-141.
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Forms You Need to Complete Your Preliminary Disclosure
To make your preliminary disclosure, you need to fill out the forms listed below. To download a form (in PDF format), click on the form number in the table below:
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Your Final Disclosure
A final Declaration of Disclosure is more detailed than the preliminary one because it includes the value of property and amount of debt. But you don't have to file a final Declaration of Disclosure if:
- You and your spouse or domestic partner agree in writing to skip ("waive") your final Declarations of Disclosure;
OR
- Your spouse or domestic partner hasn't filed a response to your petition for divorce, legal separation, or annulment or any other papers with the court. AND your spouse or domestic partner hasn't signed a written and notarized written settlement agreement (opens in new window) and/or a stipulated judgment (opens in new window). If you and your spouse or domestic partner agree to skip ("waive") your final Declaration of Disclosure, you must say so explicitly in your agreement or stipulated judgment.
If you both want to waive your final Declaration of Disclosure, you can use the Stipulation and Waiver of Final Declaration of Disclosure (form FL-144).
| Alert! This waiver does not limit your obligation to disclose. |
Note: If you don't need to fill out a final disclosure, go directly to Step 4.
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Forms You Need to Complete a Final Disclosure
If you need to do a final disclosure, fill out all of your final Declaration of Disclosure forms. Keep the original set of forms and make 1 copy of everything for service to your spouse.
If you have a written settlement agreement or stipulated judgment, you must give the final disclosure forms to your spouse by mail or in person before or at the time the two of you sign your settlement agreement.
If there is no written settlement agreement or stipulated judgment, the disclosure papers should be served before you start Step 4.
If your case is contested, you should do your final disclosure at least 45 days before your "first assigned trial date."
You may mail or hand-deliver the final disclosure forms and attachments to your spouse or domestic partner yourself. Keep the originals and give the copy to your spouse or domestic partner.
For your final disclosure, you need to fill out the forms listed below. To download a form (in PDF format), click on the form number in the table below:
As part of the Declaration of Disclosure, you must also write, on separate sheets of paper:
- A statement explaining the valuation 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 domestic partner may be liable for; and
- A list of your investment opportunities since you separated.
These are not court forms. Attach them to Declaration of Disclosure (form FL-140).
Alert! Both spouses and domestic partners MUST make sure the financial information they give each other is current.
If there are changes in your financial situation, you both may need to fill out and serve the other spouse or domestic partner with an updated preliminary Declaration of Disclosure.
You must report any changes in your financial situation until your property is distributed by agreement or court order. |
The only form you file with the court at this step is the Declaration Regarding Service of Declaration of Disclosure (form FL-141). This shows you have served the final disclosure forms. You can't get a final judgment without filing this form. On your form FL-141, be sure to list yourself and your spouse correctly as the "petitioner" or "respondent."
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Last modified: 03/17/2008
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