Declarations of Disclosure 

California law requires that you serve your spouse or domestic partner with a Preliminary Declaration of Disclosure before the divorce can be granted.  If your spouse is participating, either by filing a Response and/or signing a settlement agreement, they will also have to complete and serve a Declaration of Disclosure.  If the parties have an agreement, the Final Declaration of Disclosure can be waived.  If the parties do not have an agreement, Final Declarations of Disclosure will need to be waived or completed and served before the matter can go to trial.   

The Disclosure Requirement:

  • Timeline:  The Preliminary Declaration of Disclosure needs to be served with the Petition or Response or within 60 days of filing.
  • What is the point?:  The point of disclosure is to make sure that you and your spouse are aware of everything you each own and owe, separately and together, so you can divide your assets and debts equitably.  It also gives you the financial information you need to make decisions about child and spousal support.  
  • Waiver:  Parties often want to waive this requirement, especially if they have an agreement.  You cannot get divorced if you do not exchange your disclosures.  If you leave anything out of your paperwork, either by mistake or on purpose, your property division can be “set aside” or canceled and your divorce case may be reopened.  If the court finds out that you left anything out or lied on your disclosure forms on purpose, the court can order that any property you did not list goes to your forms spouse.  You can also be ordered to pay his or lawyer’s fees and a fine.
  • Filing and service:  Declarations of Disclosure do not have to be filed with the court but do have to be served on your spouse.  This can be done personally, by mail, or electronically.  If proceeding by default without your spouse, it is recommended that you file your disclosure forms so that the judge can see the assets and debts.

What You Need to Complete Your Disclosures:

  • Declaration of Disclosure (FL-140), also known as a DOD, which is a cover sheet for your disclosure. 
  • Schedule of Assets and Debts (FL-142) or a Community Property Declaration (FL-160) and Separate Property Declaration (FL-160).  It is recommended that you complete two Property Declarations, one Community Property and one Separate Property, to be filed with the court.  This shows your spouse and the court the assets and the debts each party owns/owes, whether acquired during the marriage or not, and your proposed division.
  • Income and Expense Declaration (FL-150) which is all of your information with just one question regarding your spouse’s income.
  • Declaration Re: Service of Declaration of Disclosure (FL-141) which informs the court when and how you served your Preliminary DOD, your Final DOD if completed, or if you are waiving the Final DOD.  
  • Stipulation and Waiver of Final Declaration of Disclosure (FL-144) to be signed by both parties if there is an agreement to waive final disclosures.
  • You must also disclose in writing, accurate and complete information about any investment opportunity, business opportunity, or other income-producing opportunity you have had since you separated, as long as that opportunity originated from an investment, business or other opportunity after you got married but before you separated.
  • Pay records:  Please review page 2 of the FL-150 and provide at least two months of pay stubs or a profit and loss statement or Schedule C if self-employed.
  • Tax returns:  You are also required to provide a copy of your last two years’ tax returns.  If you filed jointly, was it online and do you both have physical copies of the tax returns?  If not, a copy should be requested from the tax preparer or a transcript can be ordered on www.irs.gov.

It is recommended that all legal documents be served on your spouse by a third party over the age of 18.  When the parties are working on an agreement, it is permissible to serve each other the disclosure documents unless ordered by the court otherwise. Use the Declaration Regarding Service of Declaration of Disclosure (FL-141) to document how and when your Declaration of Disclosure was served.

Updating Disclosures

Please keep in mind that if anything changes or you have new information since you and your spouse exchanged your preliminary declarations of disclosure, you have to fill out and serve a new set of disclosure forms updating the other person about the new or changed information. 

Finalizing your case

Once you have exchanged your Preliminary Declaration of Disclosures, your next step is to finalize your agreement and file the forms required to finish your case.  Family Law Facilitator staff are available to help with your agreement and forms. 

Review

Family Law Facilitator staff are available for in-person assistance assistance to to review all documents before filing and/or service to ensure they are complete and correct.

The San Diego County Family Law Facilitator's Office is a court-funded program staffed by attorneys, paralegals and court clerks who provide free legal assistance to unrepresented family law litigants. Request assistance to review your options.