what happens if the petitioner failed to serve FL-142 within 60 days of filing dissolution of marriage petition?
The failure to serve a completed FL-142 (with all required attachments as well) is, in effect, a failure to timely serve a party's preliminary declaration of disclosure within 60 days as required under Fam. Code § 2104.
The effect of this failure is to provide the other party remedies for enforcement under Fam. Code § 2107, which include the following:
First, the other party may simply request the party prepare and serve the FL-142 within a reasonable time.
Second, If the noncomplying party still fails to comply with this request, the other party may: File a motion to compel a further response, File a motion for an order preventing the noncomplying party from presenting evidence on issues that should have been covered in the declaration of disclosure, and/or File a motion showing good cause for the court to grant the complying party's voluntary waiver of receipt of the noncomplying party's preliminary declaration of disclosure.
Third, the Court "shall" impose monetary sanctions for the party's failure to comply with their disclosure requirements.
A final note: only a "complying" party may seek these remedies. Thus, if both parties have not exchanged the preliminary declaration of disclosure, one party cannot demand further from the other party, because neither is, at that point, "complying."
If you are concerned about whether or not you have fully complied with your duties of financial disclosure in these proceedings, you should contact a family law attorney immediately to advise you.
Disclaimer: The materials provided in this answer are informational and should not be relied upon as legal advice.
Usually nothing unless the Respondent has also filed and served their FL-142 and then the Respondent could demand it. Or if the Petitioner still refuses to prepare the FL-142, then Respondent could file a motion to compel the FL-142. But no dissolution will be granted unless the the FL-142 is served and a Declaration of Preliminary Declaration of Disclosure is filed showing that it has been served. Nothing will happen unless the parties bring it up. It isn't the courts job to micromanage divorce proceedings.
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