California Family Code 2104

California Family Code 2104 Attorney

The California Family Code Section 2104 lists what is required in a declaration of disclosure during a divorce. This form is signed under penalty of perjury to ensure that both parties are being open and truthful about their assets and other information.

A divorce involves many complex legal processes, like the division of property. It may include spousal support determinations, child support, child custody, and visitation. Before these can be determined, both spouses or parents are required to craft a declaration of disclosure. It lists income, assets, debts, and expenses. An inaccurate preliminary disclosure can lead to serious penalties.

It’s important to work with an Orange County divorce attorney to complete financial disclosure accurately, avoid perjury, and ensure that all the necessary documents are in order. The attorneys at Quinn & Dworakowski, LLP, have worked in family law for more than 40 years.

Following the correct steps during a divorce can be difficult. This is an emotionally hard process for many people, and it can be very easy to make simple mistakes. Unfortunately, making those mistakes on a declaration of disclosure can have serious civil and even criminal penalties. Having a legal professional guide you through the drafting and serving of these papers is crucial. Your attorney can also represent you in divorce mediation or litigation during your divorce. They can look out for your interests and protect your rights throughout the process.

Understanding a Declaration of Disclosure in California Family Code 2104

Both parties in a divorce must complete a preliminary declaration of disclosure form. This is required for all divorces except default rulings. These financial statements are not entered in court but served on the other party. Each party must enter a document that states that they served their declaration of disclosure to the other party.

A declaration of disclosure includes the following information:

• All tax returns filed in the last 2 years prior to the date the declaration is served
• Identity of all community, separate, and quasi-community assets and liabilities that the party has an interest in or liability for
• Information or statements showing the party’s percentage ownership and liability of assets and debts that are not under the sole ownership of one or both spouses

This information must be true and accurate. In addition to these financial forms, both parties must serve each other a declaration of income and expenses. This exchange of information must be completed before the court makes a final decision on a divorce.

If you have served a declaration of disclosure, you can still make amends to it. These amendments must also be served on the other party, and a notice of service must be filed with the court.

Serving a Declaration of Disclosure

The spouse who is filing for divorce can serve the preliminary declaration of disclosure at the same time they file a petition for dissolution. If they don’t, the declaration must be served on the other party within 60 days of filing a divorce petition.

The other party, the respondent, can serve their declaration of disclosure with their response or within 60 days of filing their response. These deadlines can be altered if there is an existing court order that affects them or if the parties create a written agreement to extend them.

Falsified or Inaccurate Declaration of Disclosure Forms

If one party inaccurately characterizes their assets, omits information, or otherwise fails to disclose information, they have committed perjury. Penalties may include:

• The court will set aside the judgment on divorce.
• The non-disclosing party must pay the court and attorney fees of the other party.
• The asset or assets that the party did not disclose may be awarded to the other party.
• Civil and criminal penalties for perjury, including imprisonment or loss of a professional license, may be imposed.

You need to act quickly if you suspect that your spouse was not truthful about their assets during the declaration of disclosure.

FAQs

Q: How Do I Fill Out a Final Declaration of Disclosure?

A: The final declaration of disclosure consists of a complete statement of assets and debts, along with the income and expense declaration form. Each asset and debt must be characterized by its value, the date the party obtained it, and the debt on each item. The property must also be characterized as separate or community property. This disclosure form is due within 45 days before the first trial day or prior to judgment.

Q: How Do You Waive the Final Declaration of Disclosure?

A: Both parties can agree to waive the final disclosures. To do so, they must include a Stipulation and Waiver of Final Declaration of Disclosure in the settlement agreement. You cannot waive a preliminary declaration of disclosure; only the final disclosure can be waived. Waiving the need for a final disclosure assumes that nothing has changed since the preliminary disclosure or that the other party has informed you of any changes. Consult with an attorney if you plan to waive this right. If you discover the other party lied to you or was incorrect, it can be difficult to modify the judgment.

Q: What Is Considered Income in the California Family Code?

A: Income under the California Family Code includes:

• All income, including a salary, royalties, bonuses, interest, and bonuses
• Benefits, including workers’ compensation, disability insurance, unemployment insurance, and Social Security
• Spousal support from a prior divorce
• Income from owning a business, minus expenses
• Employee benefits or self-employment benefits, at the court’s discretion
• A potential earning capacity when there is no income, at the court’s discretion

Q: What Is the California Family Code for Reimbursement?

A: The California Family Code for reimbursements during a divorce is Section 2640. These reimbursements relate to property that one party contributed to during marriage. This contribution may include:

• Payments to improve property
• Down payments
• Payments to reduce a principal loan used to finance a purchase or improve a property

Reimbursements can’t be made for payments on:

• The interest on a loan
• Maintenance
• Insurance
• Taxation

For qualifying payments, you can file a claim to receive reimbursement for the equal value of those contributions.

Contact an Orange County Divorce Attorney

Divorce is a more complex process than some realize. Contact Quinn & Dworakowski, LLP, for comprehensive legal care during your divorce.