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DIVORCE IN 3 STEPS

What are Financial Disclosures?

The first document filed with the court is the Petition, essentially a list of objectives and factual details. It identifies the type of case (divorce, separation, nullity), outlines important relationship facts (dates, children, property), and specifies desired outcomes (support, property division, custody orders).

Alongside the Petition, additional forms are filed, detailing property, children's histories, or specific requests based on case specifics.

After this stage is when requests for temporary orders—addressing support or custody—can be made; these orders remain in effect until the case reaches judgment.

The Importance of Financial Disclosures

After sixty days from filing initial papers, the law mandates disclosing financial information in writing to the other party. This process, called Disclosure, includes specific forms like an Income and Expense Declaration, potentially Community/Separate Property Declaration, and a Declaration of Disclosure (a cover sheet for the first two). A Declaration of Service of Disclosure is filed with the court.

When proceeding by default without agreement, only the Petitioner needs to complete Disclosures. If both parties file in the case, both must submit Disclosures. Marital Settlement Agreements submitted with a judgment require both parties to file Preliminary Declarations and waive finals.

If one party initiates and then refuses to cooperate with Disclosure, the other party can ask the court to proceed without it. Otherwise, the court cannot process a judgment.

Financial disclosures are probably the most important step in your divorce and can have serious ramifications if done improperly.

The Finish Line, and Several Paths to Follow

In most divorce cases, trials aren't necessary. They're often settled through default or mutual agreement. When both parties agree on all aspects, they submit a proposed judgment along with their agreement. If the other party doesn't respond and no issues arise, the Petitioner can proceed alone and obtain a judgment.

This proposed judgment and related documents can be submitted with a Declaration for Default. Alternatively, the Petitioner can request a hearing to present the judgment. The Judgment represents a final decision but might include ongoing orders for support or custody. These can be changed if circumstances change.

The Judgment also specifies the date when the parties become single, which is crucial for taxes or if a remarriage is on the horizon. If both parties can't agree, a settlement conference or trial might be scheduled to get a judge's decree.