THIS is REQUIRED IN DEFAULT or UNCONTESTED | Santa Clarita Divorce

Posted by Tim Blankenship on

 

THIS is REQUIRED IN DEFAULT or UNCONTESTED Santa Clarita Divorce

Whether you are moving forward with a default judgment because the other party did not respond, or you have an uncontested case where both sides agree on the terms, there is one document the respondent must still complete: the preliminary declaration of disclosure. This requirement is not optional. Failing to complete it can create problems later, from delays in finalizing the divorce to challenges enforcing the settlement.

What is the preliminary declaration of disclosure?

The preliminary declaration of disclosure is a formal set of financial statements and supporting documents that outline a party’s assets, debts, income and expenses. Its purpose is straightforward: to make sure both spouses have accurate information before any agreement is finalized or a default judgment is entered.

whether it’s a default with agreement or an uncontested divorce where a response was filed the respondent still needs to complete their preliminary Declaration of disclosure

Why it matters — even in default or uncontested cases

Some people assume that if the parties agree or if one side defaults, disclosure is unnecessary. That is not true. The court and both parties rely on full and honest financial disclosure to divide property, allocate debts and address support. Without it:

  • Agreements can be opened or set aside if someone later shows they were unaware of assets or debts.
  • Final judgments can be delayed while the missing information is supplied or disputes are resolved.
  • Enforcement becomes harder when a party claims they did not have adequate information when they consented.

What to include

The exact forms and labels may vary by county or state, but the essential pieces are the same: a clear, documented picture of your finances. Prepare to include:

  • List of assets and debts: bank accounts, real property, vehicles, retirement accounts, investments, mortgages, loans and credit card balances.
  • Income information: recent pay stubs, information about business income if self-employed, and a history of income where relevant.
  • Expense information: monthly living expenses for you and any dependents.
  • Supporting documents: recent bank statements, tax returns, property deeds, loan statements and retirement account statements.

Practical steps to comply

  1. Gather documents right away. Waiting increases the chance of missing something important.
  2. Complete the required declaration and the accompanying schedules fully and accurately.
  3. Exchange the declaration with the other party as required by local rules. Keep proof of your exchange or service.
  4. If you are unsure which specific forms to use, contact the family court self-help center or consult a family law attorney to confirm local requirements.

Common questions

Does the respondent always have to disclose even if they never filed a response?

If a default is entered, the respondent may still be required to provide disclosures depending on the circumstances and local rules. It is safer to assume the disclosure requirement applies unless you are expressly told otherwise by the court or an attorney.

Can I wait until the final paperwork?

No. The purpose of the preliminary disclosure is to make sure full information is available during negotiation and before any final judgment or agreement. Delaying it can undermine the fairness and enforceability of any settlement.

Consequences of skipping disclosure

  • Risk that a settlement will be challenged or set aside later.
  • Possible sanctions from the court in some circumstances.
  • Loss of leverage and trust during settlement discussions.

Checklist before filing or finalizing a default/uncontested divorce

  • Complete the preliminary declaration of disclosure and accompanying schedules.
  • Collect and attach supporting documents: paystubs, tax returns, bank and retirement statements.
  • Serve or exchange the completed disclosure with the other party and retain proof.
  • Confirm local court rules for timing and any required forms with the court or an attorney.

Final note

Disclosure is not paperwork for its own sake. It protects both sides and makes agreements durable and enforceable. Whether you are negotiating an uncontested settlement or moving forward after a default, completing the preliminary declaration of disclosure is a required and important step. If you have questions about which forms to use or how to serve disclosures in Santa Clarita, reach out to the court self-help center or a family law professional for guidance.

How to Avoid Filing FL-150 in Your California Divorce | Los Angeles Divorce

Posted by Tim Blankenship on

 

How to Avoid Filing FL-150 in Your California Divorce

When navigating a divorce in California, the paperwork can feel overwhelming—especially when it comes to financial disclosures. One common question I encounter is how to avoid filing the Income and Expense Declaration, known as the FL-150 form, with the court. Whether you’re trying to simplify your process or maintain privacy, understanding when this form is required and when it is not can save you time and stress.

In this article, I’ll walk you through the key points about the FL-150 form, clarify when it must be filed, and share a practical workaround if you want to avoid filing it, especially when minor children are involved.

What Is the FL-150 Income and Expense Declaration?

The FL-150 is a mandatory financial disclosure form used in California divorce cases. It requires both parties to list their income, expenses, assets, and debts. The information helps the court make decisions about child support, spousal support, and division of assets.

When Is Filing the FL-150 Mandatory?

Here’s the important part: if there are no minor children involved, you are not required to file the FL-150 form with the court anywhere in California. This is great news for couples who want to keep their financial details private or simplify their divorce process when children are not a factor.

However, the rules change if minor children are involved. In cases with children, filing the FL-150 becomes mandatory if you have either a default case or a “default with written agreement” case. This is because the court needs a clear understanding of the financial situation to make appropriate child support and custody decisions.

How to Avoid Filing the FL-150 When Minor Children Are Involved

If you have minor children but want to avoid filing the Income and Expense Declaration, there is a workaround that can be effective.

  • Have the respondent file an official response. Normally, in amicable divorces, a formal response isn’t necessary. But when children are involved and you want to avoid submitting the FL-150, having the respondent file a formal response means they have made an official appearance in the case.
  • Filing the response eliminates the need to file financial declarations. Once the respondent officially appears, the court does not require the FL-150 to be filed.

This strategy can be helpful to avoid unnecessary paperwork while still complying with court procedures. It’s important to remember that this approach is specific to cases involving minor children and may not be applicable in all situations.

Summary

To recap:

  1. If no minor children are involved in your California divorce, filing the FL-150 Income and Expense Declaration is not required.
  2. If minor children are involved, filing the FL-150 is mandatory in default or default with written agreement cases.
  3. A useful workaround is to have the respondent file a formal response, which then removes the requirement to file the FL-150.

Understanding these nuances can make your divorce process smoother and less stressful. Always consider consulting with a legal professional to ensure that any strategy you use complies with your specific case requirements.

For more insights on navigating divorce in California, stay informed and take control of your process.