California Divorce Judgment Rejected | FL-141 Missing Or Wrong
Having your California divorce case rejected is never fun. However, this article will discuss what to do if your California divorce judgment is rejected for the following reasons listed on the FAM-001.
Judicial Council form FL-141, Declaration Regarding Service of Declaration of Disclosure & Income and Expense Declaration [revised July 2013]
- must be submitted by the Petitioner as to the Preliminary Declaration of Disclosure (the Preliminary Declaration cannot be waived). See Family Code §2104.
- must be submitted by the Respondent as to the Preliminary Declaration of Disclosure (the Preliminary Declaration cannot be waived). See Family Code §2104.
- must be submitted by the Petitioner & the Respondent as to the Final Declaration of Disclosure & Income and Expense Declaration; in the alternative, the parties may stipulate to a mutual waiver of the requirements of 2105(a) concerning the final declaration of disclosure by execution of a waiver under penalty of perjury by separate stipulation by filing Judicial Council form FL-144, Stipulation and Waiver of Final Declaration of Disclosure [revised January 2007]. Please refer to Family Code §§2105, 2106.
This is a common error and is easy to fix. Most people forget about the form altogether, but when the form is submitted to the court the biggest problem is that people forget to fill in the date.
You see where it says on paragraph one that either the Petitioner or Respondent has served the other party their preliminary declaration of disclosures? And then there is some white space between paragraph one and paragraph two? There is where you are supposed to put the date that the disclosures were served.
As usual, it is a poorly formatted form and just begs for mistakes to be made. Thankfully it is an easy fix, but is cause for rejection of your California divorce judgment.