Divorce in CA: Preliminary Disclosures: Do we need to file INCOME AND EXPENSE DECLARATION , along with Form FL141

My friend is undergoing divorce in CA and served preliminary disclosure to the spouse. As a proof, does she need to file INCOME AND EXPENSE DECLARATION along with FL141?

San Mateo, CA -

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Attorney Answers (3)

Sarah Jeannette Arnott

Sarah Jeannette Arnott

Divorce / Separation Lawyer - San Francisco, CA
Answered

Good morning. "Financial Disclosures" - generally the 2nd step in the divorce process - includes 4 different forms:
1. Income and Expense Declaration (FL-150);
2. Schedule of Assets and Debts (FL-142);
3. Declaration of Disclosure (FL-140); and
4. Declaration regarding Service of Declaration of Disclosure and Income and Expense (FL-141).

All four (4) of those forms is SERVED upon the other side (can be by mail). However, the only form that is FILED with the Court is the FL-141.

Hope that this helps!

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Cristin Michelle Lowe

Cristin Michelle Lowe

Divorce / Separation Lawyer - San Ramon, CA
Answered

The Income and Expense Declaration is a mandatory form that must be filed with the Court. As the other attorney stated, there are four forms that make up the preliminary declaration of disclosure. FL-141 is the "proof" that the Income and Expense Declaration and Declaration of Disclosure were served on her spouse. The Declaration of Disclosure states that your friend served both an Income and Expense Declaration and Schedule of Assets and Debts.

A good tip is to look at the top right hand side of the document. If there is an empty box there, it's supposed to be filed with the Court - the clerk will put a stamp in that box when you do file the document. If there is no box (like on the Schedule of Assets and Debts and Declaration of Disclosure), you do NOT need to file them with the Court. That being said, your friend still needs to serve all the documents.

Good luck to her!

Daniel T Pocklington

Daniel T Pocklington

Divorce / Separation Lawyer - Walnut Creek, CA
Answered

The short answer is no. The FL-150 I come and Expense form is only to be served on the other parties when required for disclosures. However, there are other instances where this form needs to be filed with the court. For example, when there is a Request for Order for support or attorneys fees.

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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