THURMAN'S INSIDER'S MARITAL DISCLOSURE TIPS:
What Is the Preliminary Declaration of Disclosure in California?
California Family Code section 2104 was revised effective January 1, 2013, to add subsection (f), to now require each party to serve their Preliminary Declaration of Disclosure (PDDs) within sixty days of filing a Petition for Dissolution, Legal Separation or Annulment, or a Response thereto. It applies to marital dissolutions, legal separations, and annulments. This is a terrific amendment since until now each party was only required to exchange their PDDs within a "reasonable time" (for any lazy lawyer or party or those with an opaque agenda, this meant whenever they 'felt like it') - which was meaningless in terms of enforcing the obligation, giving judges too much discretion, that varied from courtroom to courtroom, to define what was appropriate and what was not. Family law litigants and their attorneys desperately need predictability and transparency, and realistically they need rules since if left to their own whims or power-plays the monied spouse can play hide-and-go-seek until the less privileged party is totally starved out, and broke. These disclosure statements exist to assure that each party complies with their statutory fiduciary duties to reveal what either accumulated during the marriage - and after separation until the case concludes - and to tell the other side what that property is worth.
The statute is still flawed in the sense that as a "preliminary" declaration neither spouse is required to supply the back up which typically consists of bank and credit card statements, title documents, or other proof of the existence or value of community or separate property. Sophisticated family law attorneys refer to this as "MFIs" - the material facts and information that supports or evidences the assertions made in the disclosure document.
There is a second exchange that is required in dissolution and legal separation proceedings in California. It is the "Final Declaration of Disclosure". This is a significantly more important exchange but it can be waived (the PDD cannot be waived, except in default situations where the other party has failed to file a Response to the disso Petition). I've whined and written about these policy shortcomings in a number of my Blogs, so if this topic is of interest to you I promise you can read much more about it by using our on board search engine!
Read More About Preliminary Declarations of Disclosure!
CALIFORNIA FAMILY CODE
DISCLOSURE OF ASSETS AND LIABILITIES
Preliminary Declarations of Disclosure
| (a) | Except by court order for good cause, as provided in Section 2107, or when service of the preliminary declaration of disclosure is not required pursuant to Section 2110, in the time period set forth in subdivision (f), each party shall serve on the other party a preliminary declaration of disclosure, executed under penalty of perjury on a form prescribed by the Judicial Council. The commission of perjury on the preliminary declaration of disclosure may be grounds for setting aside the judgment, or any part or parts thereof, pursuant to Chapter 10 (commencing with Section 2120), in addition to any and all other remedies, civil or criminal, that otherwise are available under law for the commission of perjury. The preliminary declaration of disclosure shall include all tax returns filed by the declarant within the two years prior to the date that the party served the declaration. |
| (b) | The preliminary declaration of disclosure shall not be filed with the court, except on court order. However, the parties shall file proof of service of the preliminary declaration of disclosure with the court. |
| (c) |
The preliminary declaration of disclosure shall set forth with sufficient
particularity, that a person of reasonable and ordinary intelligence can
ascertain, all of the following:
|
| (d) | A declarant may amend his or her preliminary declaration of disclosure without leave of the court. Proof of service of any amendment shall be filed with the court. |
| (e) | Along with the preliminary declaration of disclosure, each party shall provide the other party with a completed income and expense declaration unless an income and expense declaration has already been provided and is current and valid. |
| (f) | The petitioner shall serve the other party with the preliminary declaration of disclosure either concurrently with the petition for dissolution or legal separation, or within 60 days of filing the petition. When a petitioner serves the summons and petition by publication or posting pursuant to court order and the respondent files a response prior to a default judgment being entered, the petitioner shall serve the other party with the preliminary declaration of disclosure within 30 days of the response being filed. The respondent shall serve the other party with the preliminary declaration of disclosure either concurrently with the response to the petition, or within 60 days of filing the response. The time periods specified in this subdivision may be extended by written agreement of the parties or by court order. |
Testimonials & Endorsements
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“Not only is Mr. Peterson’s knowledge of the law beyond measure, he’s able to articulate it so it’s understandable.”
If you are going through a divorce, Arnold & Peterson is in my opinion the best option available. Mr. Peterson and his assistant Jordyn are top notch. Not only is Mr. Peterson’s knowledge of the law beyond measure, he’s able to articulate it so it’s understandable. He was able to navigate my emotions and help my uphill battle to receive proper visitation as a father. Jordyn never hesitated to reach out within the same business day if documents were needed or for any question I had about the process. Thanks to the team, we resolved the divorce healthfully. I couldn’t be more grateful.- Josh Arguijo -
“I needed the best analysis and advice possible. I found Attorney Thurman Arnold III in Palm Springs.”
I am a Veteran and Retired Deputy Sheriff. My divorce involved complicated property distribution and spousal support issues. I spent considerable time looking for the best Counsel I could find before I negotiated with my ex-wife and her Attorney. In fact, my case was in another county, but that didn't matter. I needed the best analysis and advice possible. I found Attorney Thurman Arnold III in Palm Springs. Attorney Arnold is a BAR Certified Family Law Specialist. In my humble opinion the best! His review of my case and how "Moore Marsden" property division applied was invaluable. His guidance saved me $30,000 dollars. Thank you, Thurman!- Jeff Jones -
“Mike is adept at managing expectations and being very fair and measured.”
Needed to modify a settlement and hired Mike Peterson. Mike is very, very knowledgeable and experienced. When you are going through a divorce or child custody issues, it is the most terrifying and stressful experience. Mike is adept at managing expectations and being very fair and measured. I wish I had hired him initially to get it all done straight the first time around. He is very responsive and communicative and understands the client well. Good luck going through this process - have a good guide like Mike without a doubt.- Donika McKelvie -
“I would highly recommend him and the firm”
Micheal Peterson is very knowledgeable of law and can help you make the best decisions for your family. He does is job with integrity. He helps with giving discounts when he can . I would highly recommend him and the firm . Very good staff .- Vincent Hall -
“Very professional, honest, and handled everything without a hiccup.”
Arnold & Peterson are a class act. Very professional, honest, and handled everything without a hiccup. When a year had passed, he and Jordyn contacted me to let me know I still had retainer on the books! I had forgot and they sent me the money anyway! For this I am very grateful and cannot recommend them enough. You won’t go wrong with Thurman Arnold. He is definitely the guy to have on your side.- Matt Feenstra -
“Simply the Best of the Best!!!”
I Highly Recommend Michael C. Peterson at the Law Office of Thurman W. Arnold!!! I hired Michael for my custody case and he is very knowledgeable and took the time to educate me on the process so we can put together a winning strategy. He fought for me and my children in court and successfully won our case. There are no words to describe how grateful and appreciative I am for Michaels service!!! If you are sitting on the fence on which Attorney to hire, do yourself a favor and hire Michael. I would not recommend anyone else!!! Simply the Best of the Best!!!- John and Lukes Tube -
“Mike amazes me by his knowledge of my case, made me feel like I was his only client.”
- Damaris M.I reached out to this law firm 2 years ago when my life was falling apart. My case was assigned to attorney Michael Peterson. I didn't know much about him except few reviews on google but I'm glad I hit the jackpot. Mike amazes me by his knowledge of my case, made me feel like I was his only client. He's very responsive, respectful and and goes above and…
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“He and Michael Peterson are truly masters of their craft.”
When my clients have family law issues, I routinely refer them to Thurman Arnold. He and Michael Peterson are truly masters of their craft. Family law can be an unwieldy beast, but they handle it with precision and finesse.- Edward Cross
