When going through a divorce there are many forms that have to be filed and served on the other party. It can get very confusing which divorce forms to fill out.
But what do you do when the other party is not completing the divorce forms they are supposed to complete?
This article deals specifically with how to request the preliminary declaration of disclosure. This is the schedule of assets and debts and income and expense declaration.
If you are going to file a uncontested divorce or hybrid divorce, both parties will need to complete their financial disclosures. The divorce process cannot proceed until both parties have completed this step of disclosing their finances and served them on the other party. It is mandatory that both parties to the divorce complete this step.
Sometimes one of the spouses will not want to complete this step for one reason or another. But because it is necessary, you will need to nudge them a little.
Here is what we do to ask for someone to complete their financial disclosures.
First, don’t ask for theirs until you have filed and served yours. So complete your set of disclosures. When you serve them on your spouse, include a letter that asks that they complete their disclosure withing 30 days.
Wait the 30 days and if no response or no disclosures completed, you can take the next step. This would be to file a demand with the court. You would file a “Demand For Production Of Preliminary Declaration Of Disclosure” on the other party.
It is not a discovery request, but rather a demand that they complete their preliminary declaration of disclosure. This form is filed with the court and then served on the other party. This lets them know that you mean business and that the court is aware of the request.
In the demand for production of Preliminary Declaration of Disclosure you will indicate the same thing you did in the letter. Let them know that pursuant to Family Code Section 2104 and 2107 that they have 30 days to complete their disclosures and that failure to comply with this demand may result in you filing a motion with the court to compel such production.
Hopefully, these steps will get your spouses attention and they will complete the necessary documents so you can complete your divorce.
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