Financial disclosures in a California divorce

The Legislature's findings in Family Code section 2100 explain the purpose: a fair division of property and fair support orders depend on full and accurate information. Disclosure is not optional, and it applies even when spouses agree on everything. The documents are generally exchanged between the spouses and are not filed with the court, except for the FL-141 and, when relevant to support, the FL-150.

Under Family Code section 2102, spouses owe each other a fiduciary duty from the date of separation until property is actually distributed. That duty includes accurate and complete disclosure of all assets and debts in which the community has or may have an interest, and disclosing investment or business opportunities that arise from community assets. Hiding information can lead to serious consequences.

Family Code section 2104 requires each party to serve a preliminary declaration of disclosure, signed under penalty of perjury. The petitioner serves it with the petition or within 60 days of filing it, and the respondent serves it with the response or within 60 days of filing it. The parties can extend the time by written agreement, or the court can extend it. Service of preliminary disclosures cannot be waived by agreement.

The package typically includes the following documents, served on the other spouse or their attorney by an adult who is not you.

After serving disclosures, each spouse files a Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration (form FL-141). Under Family Code section 2106, a judgment generally cannot be entered until the required disclosures have been served, or the final disclosure has been waived.

Family Code section 2105 requires a final declaration of disclosure before or when the spouses sign a settlement of property or support issues, or, if the case goes to trial, no later than 45 days before the first trial date. Spouses who have kept each other fully informed can waive the final disclosure by signing and filing a Stipulation and Waiver of Final Declaration of Disclosure (form FL-144). In a true default, the petitioner may waive the final disclosure under Family Code section 2110.

If one spouse fails to serve disclosures or serves incomplete ones, Family Code section 2107 allows the other to ask for proper disclosures and, if needed, ask the court to compel them. The court must impose money sanctions in many cases unless there is good cause, and a judgment can be set aside if disclosure rules were not followed. A breach of fiduciary duty can lead to additional remedies, including awarding a share of a hidden asset to the other spouse.

If you suspect your spouse is hiding income or property, formal discovery tools are available. An independent family-law attorney licensed in California can help you decide what to request and how.