California Divorce | 60 Day Rule To File Financial Disclosures
Today, I want to talk to you about the 60 day rule on completing your financial disclosures. This is referring to your incoming expense declaration and your schedule of assets and debts.
We’ve been getting a lot of calls and even from some of our own clients who read the rule that basically says once you’ve filed your Divorce case or responded to the Divorce that you have 60 days to complete and serve your preliminary declaration of disclosures.
Again, this is incoming expense and schedule of assets and debts. And folks who have been concerned that the case would close or something negative will happen if they don’t complete the financial disclosures within that allotted 60 day period.
Now I have to say it is the rule. It is 60 day to complete your financial disclosures but when it comes to kind of going beyond the 60 days the only person who’s going to complain about it not being done it would be the other party or the other party’s attorney.
So it’s not something the court monitors. It’s not something that they’re keeping track of where they know when the case was filed and then they have a calendar event for 60 days to send you a letter or something.
The only person who is going to complain is the other party. So while it is there as a 60 day rule, the other party will essentially would have to complain to the court or file a motion to compel you to do your financial disclosures for that to move forward.
And the reason I bring that up is because we have been a lot of calls, people are concerned that because they didn’t do their financial disclosures within 60 days is the case going to be closed or are they going to get a nasty letter from the court which you might.
But we have cases that we’ve gone well beyond the 60 days just the folks who were working with us don’t give us the paperwork timely and nothing adverse happens.
So I just want to let people know that. So try to get down within 60 days, let the other person know if you’re not able to do it but don’t get and let it keep you up at night if you’re not able to get your financial disclosures done in the 60 days.
We’re a full service, Divorce Paralegal Firm serving all of California, please give us a call. I’ll be happy to help you with your Divorce case in California.