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FL-140 Guidance: Declaration of Disclosure (California)

The FL-140 Declaration of Disclosure form is used in California divorce proceedings to provide an accurate and complete disclosure of financial information, including assets, debts, and investment opportunities, which must be exchanged between parties as part of both preliminary and final legal requirements. Jump to guide on filling it out.

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Tips for filling out form FL-140

When completing form FL-140, pay special attention to these less obvious sections:

Item 1

Disclosure Types

Understand that there are two main types of disclosures: preliminary and final. The preliminary disclosure is mandatory for both parties. However, the final disclosure may be waived if both parties agree and file a written agreement using form FL-144.
Item 2

Non-Disclosure Forms

Be aware that some required disclosures are not separate forms. These include statements of material facts and information regarding asset valuation and obligations for which the community is liable. You'll need to create these documents yourself, as they are unique to your circumstances.
Item 3

Tax Returns

Ensure you include tax returns for both years prior to serving the disclosure documents. These are crucial for accurately assessing community assets and liabilities.
Item 4

Waiving Final Disclosure

Remember, while you can agree to waive the final declaration of disclosure, preliminary disclosures cannot be waived. Only agree to this with full understanding and documentation using form FL-144 if necessary.
Item 6

Default Judgment Exception

If your case involves a default judgment and is not a stipulated judgment or based on a marital settlement agreement, only the petitioner needs to serve the preliminary declaration. Final disclosures are not required in this scenario.

What to do after filing form FL-140

1
Ensure you have a copy of the filed FL-140 Declaration of Disclosure for your records, but remember you don’t need to file it with the court.
2
Serve the Preliminary Declaration of Disclosure on your spouse or domestic partner, along with all relevant financial attachments such as FL-142 Schedule of Assets and Debts, within 60 days of filing your petition or response.
3
Complete and serve the Income and Expense Declaration (form FL-150) to provide detailed financial information to the other party.
4
Await receipt of the Preliminary Declaration of Disclosure from the other party, which should also be provided within 60 days of their filing.
5
File form FL-141 Declaration Regarding Service of Declaration of Disclosure to the court to confirm that the disclosure documents have been served.
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