Completing Property Declaration With Default Divorce Judgment In California
Good morning! This is Tim Blankenship with divorce661.com
And today I’m answering the question, “Do you still need to do your financial disclosures in a default case?”
And I thought this is a good question and one that should be addressed on video.
So, quickly, a default case is where you file for divorce and your spouse has not filed a response, does not intend on filing a response and you’ve filed a request to enter default which was approved and now you are ready to move forward with your divorce case on your own and your spouse will no longer be involved with the case.
When this happens, you still need to do your financial disclosures. And these are your preliminary declaration of disclosures, which will include your schedule of assets and debts and your income and expense declaration. Then, in addition, so not only do you have to still do your financial disclosures in a default case, but you also then, once it has been granted the default, you then have to do a property declaration.
So, in essence, you’re doing it twice and this property declaration is the FL-160. You’re going to have to do that as well, because when the case is by agreement in a non-default case, both of you exchange your financial disclosures and you both know what is on the table and it’s by agreement and so the court doesn’t get involved. They don’t care what the assets and debts are, they’ll see it on the final judgment paperwork but they’re not going to have to ask you to send you this property declaration because they know you’d know the values.
In a default case, they want you to complete this property declaration FL-160 and on this property declaration you’re going to list all the property, how much is it is worth and what is owned on it and who it’s been given to.
So, what they want to do is, make sure that you’re not listing all the assets, including your husband’s or spouse’s assets rather and taking everything and giving the other party all the debt. They want to make sure there is a fair and equitable division of the assets and debts. Especially, when the other party is not involved and has not responded.
So, that’s the only time they’re going to take a look at that. So, the answer is yes, you still have to do your financial disclosures and you have to, in essence, do them twice by submitting the FL-160 – property declaration when you do a true default case.
Tim Blankenship, divorce661.com.
We specialize in divorce in Los Angeles County. Please give me a call at 661-281-0266 if you have any questions about divorce, I’d be happy to help you out.
Thanks for reading!