When you need form FL-140
The FL-140 Declaration of Disclosure form is an essential document in the divorce process in California. This form is used during both preliminary and final stages of legal separation, dissolution, or nullity actions. Completing the Declaration of Disclosure is crucial to ensure that both parties are fully informed of each other's financial situation, which includes sharing details about assets, debts, and income prior to finalizing any legal agreements.
- The **Process Before Needing FL-140**:
- Typically, divorce proceedings start with filing the Petition for Dissolution (form FL-100) and serving it along with a Summons (form FL-110) to the other party.
- Alongside these forms, the petitioner should also prepare a preliminary Schedule of Assets and Debts (FL-142) and an Income and Expense Declaration (FL-150).
Once these preliminary steps are completed, the need for FL-140 is triggered. This is because both parties are required to exchange their Declaration of Disclosure, ensuring transparency regarding financial obligations and rights. Remember, the declarations themselves are not filed with the court, but a form confirming their service, typically FL-141, must be filed to indicate compliance. This process is fundamental to fostering fair negotiations and possible settlement agreements before reaching a final divorce decree.
1. **Complete Form FL-140**: Fill out the Declaration of Disclosure form, ensuring all required financial information, including assets, debts, and tax returns, are accurately documented.
2. **Serve the Other Party**: Serve the completed form and any attachments to your spouse or the other party, adhering to the required timelines for preliminary and final disclosures.
3. **Do Not File with Court**: Remember, this form and its attachments are not filed with the court; they are exchanged between parties to ensure transparency.
4. **File Proof of Service**: File the corresponding proof of service form (FL-141) with the court, indicating that you have completed and served the disclosure documents.
5. **Consider Legal Advice**: Consult with a legal professional if you have any uncertainties about completing or serving this disclosure form.