Divorce and the Final Declaration of Disclosure Under Family Code 2105
At the Law Office of David P Schwarz we have filed many findal declarations of disclosures in our clients Orange County divorce cases. Please call our office at 949 735 9266 or contact us via the web. We also ca be reached by email at firstname.lastname@example.org.
A Divorce lawyer will outline your approach to preparing and serving your final declarations of disclosure. Often the parties settle their disputes at the time the final declarations of disclosure are due. If there is no resolution of the parties issues then the final declarations of disclosure must be served no later than 45 days before the first assigned trial date.
An Orange County lawyer will also help their clients prepare a current income and expense declaration, executed under penalty of perjury on a form prescribed by the Judicial Council, unless the parties mutually waive.
A Divorce Lawyer can assist you in filling out the final declaration of disclosure to make sure that there is no false or misrepresented facts in the documents served on the opposing party. If there are false facts in the final declaration of disclosure then a similar result will occur as in the preliminary declaration of disclosure. The final declaration of disclosure must be signed under penalty of perjury. In addition, the disclosure can be set aside if there are allegations of perjury. Civil and Criminal penalties will apply if the party is found liable.
At the Law office of David P Schwarz we will guide you through the process to complete all the necessary elements of the final declaration of disclosure.
The final declaration of disclosure shall include all of the following information:
All material facts and information regarding the characterization of all assets and liabilities.
All material facts and information regarding the valuation of all assets that are contended to be community property or in which it is contended the community has an interest.
All material facts and information regarding the amounts of all obligations that are contended to be community obligations or for which it is contended the community has liability.
All material facts and information regarding the earnings, accumulations, and expenses of each party that have been set forth in the income and expense declaration. This is vital to the understanding of the income and the income potential of each party.
A Divorce Lawyer will argue that if a motion to set aside is necessary for failure to comply with the final declaration of disclosure requirements that the Family Law court may limit the set aside to those portions of the judgment materially affected by the nondisclosure.
Also what is common in many Divorce cases in family law court is a stipulation to waive the final declaration of disclosure.
At the Law Office of David P Schwarz we have served and filed numerous final declarations of disclosures in Orange County Divorce Court. Please consult our office at 949 735 9266 or via the web. We can also be reached by email at email@example.com.