Hi, Tim Blankenship here with divorce661.com and in this video we’re talking about the stipulation and waiver of declaration of disclosure.
So in, this was a question I was posed from a client of ours last week and it was kind of funny because I’ve never been asked that, just thought it was probably obvious. So let’s me address this situation a bit more specific. The question was Tim, why are we waiving our final declaration of disclosure? And after thinking about it for about 10 seconds my response was because you can.
You can waive those final declaration of disclosures. It’s allowed. So when you go through the divorce process you will be doing your preliminary declaration of disclosure. That is mandatory. You have to do that, but there is usually 2 sets. You have your preliminary and then you have your final, but the court by mutual waiver and agreement you can waive your final declaration of disclosure which essentially is just an update of the disclosures and the purpose behind that is let’s say you have, I’ll give you 2 situations.
If you have an easy case and we’re doing your case in a couple weeks, months, what have you, you’re finances aren’t going to change that much so we’re going to do your preliminary disclosures for purposes of exchanging them and meeting the requirements for doing that, but then we’re going to draft you’re judgment shortly thereafter the agreement based off your disclosures.
Now we don’t need to do another set of disclosures exactly mirror the 1st set just to do your final disclosures you can sign off and you can waive doing that, why would you want to go through that process twice? What it’s used for is if people have long drawn out cases, they will initially do their preliminary declaration disclosure in 60 days of the case being filed.
Let’s say they go to trial 2 years later when they finally get into court, well then the courts are going to require a final declaration of disclosure to be done because so much time has gone by, and that’s the rationale.
Tim Blankenship, divorce661.com. Hope you’re having a great day. Talk to you soon.