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I'd like to obtain a California divorce after legal separation without new financial disclosures.

Los Angeles, CA |

I was legally separated in California in 2007 with a settlement agreement dividing assets and covering spousal support and all financial matters. We have no minor children. Based upon equal income during marriage, spousal support is zero. However, the section on support says the court retains jurisdiction over spousal support until January 2018. Post 2007 (i.e. after the separation), I generated significant income (i.e. far more than during marriage) while my spouse is now living off unemployment benefits. I do not want my spouse to know about my present income. Is it possible now and/or post 2018 to complete a divorce proceeding without new financial disclosures? My spouse and I get along well now without any contentious issues and this knowledge would raise new problems.

Attorney Answers 2


The issue of spousal support is reserved in the separation case. No reason that a new disclosure would be needed to dissolve the status of the marriage, but any time he/she wants, until 2018, your ex can demand an updated Income/Expense Declaration from you in the separation case, on 30 days notice, if he/she is in the least bit curoius, he/she can find out anyhow.

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If the assets and debts are divided, then that matter is resolved. But you will be required to provide the court with information on your income and your spouse will also be required to provide the court with her income as the court retains jurisdiction on the matter. But the court will not change the amount of spousal support unless one party asks for a change. I suggest that you seek help in getting this accomplished, though.

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