FL-140 Guidance: Declaration of Disclosure | Gavel

FL-140 Guidance: Declaration of Disclosure (California)

The FL-140 Declaration of Disclosure form is used in both contested and uncontested California divorce proceedings to provide an accurate and complete disclosure of financial information, including assets, debts, and investment opportunities, which must be exchanged between parties as part of both preliminary ("PDD") and final ("FDD") legal requirements before a court will issue a divorce decree. Jump to guide on filling it out.

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California Family - Petition to Initiate Divorce

This workflow asks questions to automatically fill out the California Judicial Council Forms for a Petition for divorce in California. It considers divorces with or without children, and with or without property.

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Reviewed By

Carmee Murphy

Attorney

When you need form FL-140

The FL-140 Declaration of Disclosure form is an essential document in the divorce process in California. This form is used during both preliminary and final stages of legal separation, dissolution, or nullity actions. Completing the Declaration of Disclosure is crucial to ensure that both parties are fully informed of each other's financial situation, which includes sharing details about assets, debts, and income prior to finalizing any legal agreements and obtaining a divorce decree.

• Before the Declaration of Disclosure (FL-140), divorce proceedings start with filing the Petition for Dissolution (FL-100) and serving it along with a Summons (form FL-110) to the other party.
• Alongside the Declaration of Disclosure (FL-140), each party should also prepare a Schedule of Assets and Debts (FL-142) or the Property Declaration (FL-160), and an Income and Expense Declaration (FL-150).
• The Preliminary Declaration of Disclosure ("PDD") must be done within 60 days of filing the Petition for Dissolution (FL-100) or Response - Marriage/Domestic Partnership (FL-120), and each party must provide a copy of the last two years of filed tax returns.
• The Final Declaration of Disclosure ("FDD") does not have a specific time frame, and, in some cases, may be waived by the parties ( Waiver FL-144).
• Complete and file the Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration (FL-141) to show you fully complied with the requirements, and the dates and methods of service.

How to file form FL-140

1. Complete Form FL-140: Fill out the Declaration of Disclosure form, ensuring all required financial information, including assets, debts, and tax returns, are accurately documented.
2. Serve the Other Party: Serve the completed form and any attachments to your spouse or the other party, adhering to the required timelines for preliminary and final disclosures.
3. Do Not File with Court: Remember, this form and its attachments are not filed with the court; they are exchanged between parties to ensure transparency.
4. File Proof of Service: File the corresponding proof of service form (FL-141) with the court, indicating that you have completed and served the disclosure documents.
5. Consider Legal Advice: Consult with a legal professional if you have any uncertainties about completing or serving this disclosure form.

Tips for filling out form FL-140

When completing form FL-140, pay special attention to these less obvious sections:

1. Disclosure Types: Understand that there are two main types of disclosures: preliminary and final. The preliminary disclosure is mandatory for both parties. However, the final disclosure may be waived if both parties agree and file a written agreement using form FL-144.
2. Non-Disclosure Forms: Be aware that some required disclosures are not separate forms. These include statements of material facts and information regarding asset valuation and obligations for which the community is liable. You'll need to create these documents yourself, as they are unique to your circumstances.
3. Tax Returns: Ensure you include tax returns for both years prior to serving the disclosure documents. These are crucial for accurately assessing community assets and liabilities.
4. Waiving Final Disclosure: Remember, while you can agree to waive the final declaration of disclosure, preliminary disclosures cannot be waived. Only agree to this with full understanding and documentation using form FL-144 if necessary.
5. Default Judgment Exception: If your case involves a default judgment and is not a stipulated judgment or based on a marital settlement agreement, only the petitioner needs to serve the preliminary declaration. Final disclosures are not required in this scenario.

What to do after filing form FL-140

1. Ensure you have a copy of the filed FL-140 Declaration of Disclosure for your records, but remember you don’t need to file it with the court.
2. Serve the Preliminary Declaration of Disclosure on your spouse or domestic partner, along with all relevant financial attachments such as FL-142 Schedule of Assets and Debts, within 60 days of filing your petition or response.
3. Complete and serve the Income and Expense Declaration (form FL-150) to provide detailed financial information to the other party.
4. Await receipt of the Preliminary Declaration of Disclosure from the other party, which should also be provided within 60 days of their filing.
5. File form FL-141 Declaration Regarding Service of Declaration of Disclosure to the court to confirm that the disclosure documents have been served.

Related Forms

FL-100: Divorce Petition

The FL-100 Divorce Petition form is used in California to initiate the legal process for dissolving a marriage or domestic partnership, seeking a legal separation, or requesting nullity due to specific legal grounds.

FL-110: Summons

The FL-110 Summons form is used when initiating divorce proceedings in California, notifying the respondent of the legal action and setting forth essential information, including the consequences of not responding within 30 days, as well as listing the automatic temporary restraining orders ("ARTOs") against both parties until the court resolves the matter.

FL-105: UCCJEA

The FL-105 UCCJEA form is used in California during child custody cases, often as part of and required to complete divorce proceeding, to declare the child's residential history and identify any existing custody orders in order to ensure proper jurisdiction and enforcement under the Uniform Child Custody Jurisdiction and Enforcement Act.

FL-115: Proof of Service

The FL-115 Proof of Service of Summons form is used in California family law cases, including those involving parentage, custody, and support, to document that the respondent has been properly served with legal documents to commence the action.

FL-117: Notice and Acknowledgement of Receipt

The FL-117 Notice and Acknowledgment of Receipt form is used in California divorce proceedings to document a recipient's acknowledgment of consent to and receiving legal documents related to the case by mail, ensuring the process of serving these documents is legally recognized.

FL-141: Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration

The FL-141 form must be completed during divorce proceedings in California to officially declare that a Preliminary or Final Declaration of Disclosure, along with an Income and Expense Declaration, has been served to the other party, ensuring both parties have exchanged essential financial information as required by law.