Divorce and Preliminary Declaration of Disclosure

At the Law office of David P Schwarz we have handled many Orange County divorce cases and prepared numerous preliminary declarations of disclosures for our clients. Please contact our office at 949 735 9266 or via the web for a consultation. We can also be reached at our email address dpslaw66@gmail.com.

The family law superior court and the California legislature mandates that during a divorce proceeding in the necessary time period.

A divorce attorney will make sure that the preliminary declaration of disclosure is executed under penalty of perjury on a form prescribed by the Judicial Council. Normally your lawyer will provide any and all documents necessary to file with the family law superior court. Any false statement can be labeled as perjury. It then can be on the grounds for setting aside the judgment The preliminary declaration of disclosure is taken very seriously in family law court and any violation will be looked at by the Court as a misrepresentation potentially. A person can be charged with criminal allegations and civil lawsuits.

The preliminary declaration of disclosure shall include all tax returns filed by the declarant within the two years prior to the date that the party served the declaration.

A divorce lawyer shall make sure that the preliminary declaration of disclosure shall not be filed with the court, except on court order. However, the parties shall file proof of service of the preliminary declaration of disclosure with the court.

The preliminary declaration of disclosure shall set forth with sufficient particularity, that a person of reasonable and ordinary intelligence can ascertain, all of the following:

At the Law Office of David P Schwarz we will make sure our client discloses the identity of all assets in which the declarant has or may have an interest and all liabilities for which the declarant is or may be liable, regardless of the characterization of the asset or liability as community, quasi-community, or separate.

An Orange County Divorce lawyer will also advise their client to disclose their percentage of ownership in each asset and percentage of obligation for each liability when property is not solely owned by one or both of the parties. The preliminary declaration may also set forth the declarant's characterization of each asset or liability.

Along with the preliminary declaration of disclosure, each party shall provide the other party with a completed income and expense declaration unless an income and expense declaration has already been provided and is current and valid.

The petitioner shall serve the other party with the preliminary declaration of disclosure either concurrently with the petition for dissolution or legal separation, or within 60 days of filing the petition.

At the Law Office of David P Schwarz we will assure our divorce clients that all California and Orange County preliminary declaration of disclosure laws are complied with. Please call our office at 949 735 9266 or via the web for a consultation. We can also be reached via email at dpslaw66@gmail.com.