I had another great question about divorce come through our “ask Tim a question” on our blog and, as I always do will answer by writing an article about it. Why? Because is one person has this question, so do others.
This question was in regards to who can serve the Declaration of Disclosure. This is referring to the FL-140 which essentially is the cover sheet advising the other party that you are serving them with the income and expense declaration and schedule of assets and debts.
I have talked a lot about who can serve what during divorce and which has to be personally served and which forms can be mailed. But i don't think I have ever answered this specific question.
So here is the question. Can you as one of the parties serve your own declaration of disclosure? As this person says, there is nothing on the form that says otherwise nor is their even a place for anyone to say who served it.
In regards to the Declaration of Disclosure, you can mail serve this yourself. You do not have to have someone else do this for you and you do not have to do it personally, but you can if you want. You can either mail this to your spouse or hand it to them.
But don't forget this one critical step that I find self represented clients make. Don't forget to file the FL-141 with the court. This is the Declaration Regarding Service of Declaration of Disclosure. This form needs to be filed with the court.
Here is the video on how to file the FL-141.
Make sure you check the appropriate boxes on the FL-141. For instance, if you are the Petitioner you will mark the box indicating that and that you are serving your forms on the other party either by mail or in person. Don't forget to put the date you served them or the form will be rejected. (everyone misses this) Then simply date and sign your form and file it with the court.
Keep this filed copy handy because you will have to re-submit it to the court when you file your judgment.
I hope this has been helpful. I have also recorded a video on how to complete this form. Now you will know how to serve your declaration of disclosure and how to file the appropriate documents with the court.
