October 24, 2012 By Paul Wallin

Divorces involve complex issues of child custody, child support, spousal support and property division. It is important that you understand how each issue is settled or resolved by the court. Additionally, the California Family Code requires each spouse to perform certain duties and obligations. Therefore in a divorce, it is vital that you speak with an experienced divorce lawyer from Wallin & Klarich.

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Under California Family Code section 2104, each party must serve the other party a preliminary declaration of disclosure, completed under the penalty of perjury. If a party commits perjury on his or her preliminary declaration of disclosure, the court will be able to set aside the judgment. Also, that party may face civil and criminal penalties.

Each party’s declaration of disclosure is not to be filed with the court. However, each party must file a form with the court stating, under the penalty of perjury, that he or she did serve the other party with their preliminary declaration of disclosure.  The completion and exchange of each party’s preliminary declaration of disclosure must be done before the court can finalize a divorce. Therefore, if at least one party has not completed and exchanged his or her preliminary declaration of disclosure, the court will not enter a divorce judgment.

By requiring each party to complete and exchange a preliminary declaration of disclosure under the penalty of perjury, the legislature wanted to make sure each party went into either a settlement agreement or court hearing with their eyes wide open and aware of what the other party’s income and expenses are, as well as what assets and debts are community property and separate property.

If you plan on filing or have filed for divorce, it is important that you hire an experienced and knowledgeable divorce lawyer who can help you with the complex and detailed family law issues, including declarations of disclosure. Wallin & Klarich has experienced divorce attorneys who can help you today.  If you have questions or concerns about your case, call us at 888-749-7428. With offices throughout Los Angeles, Riverside, San Bernardino and Orange Counties, we are able to be there for you wherever you happen to live. We will be there when you call.

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