The California FL-140 form is a Declaration of Disclosure used in family law cases, particularly during divorce, legal separation, or nullity actions. This form ensures that both parties share essential financial information, promoting transparency and fairness throughout the legal process. To get started on filling out the FL-140 form, click the button below.
The California FL-140 form plays a crucial role in family law proceedings, particularly in cases involving dissolution, legal separation, or nullity. This form facilitates the process of financial disclosure between parties, ensuring that both the petitioner and the respondent are transparent about their financial situations. It requires the parties to serve a preliminary declaration of disclosure, which includes essential documents such as the Schedule of Assets and Debts and the Income and Expense Declaration. Importantly, while these disclosures must be exchanged, they are not filed with the court; instead, a declaration confirming that the disclosures have been served or waived must be submitted. This process is designed to protect the interests of both parties and promote fairness in the division of assets and debts. In summary dissolution cases, the requirements differ slightly, as final disclosures are not necessary. However, in default judgment scenarios, only the petitioner is obligated to provide a preliminary disclosure. Understanding these requirements is vital for anyone navigating the complexities of family law in California, as they ensure that all parties are informed and treated equitably throughout the legal process.
FL-140
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO.:
FAX NO. :
E-MAIL ADDRESS:
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PETITIONER:
RESPONDENT:
OTHER PARENT/PARTY:
DECLARATION OF DISCLOSURE
CASE NUMBER:
Petitioner's
Preliminary
Respondent's
Final
DO NOT FILE DECLARATIONS OF DISCLOSURE OR FINANCIAL ATTACHMENTS WITH THE COURT
In a dissolution, legal separation, or nullity action, both a preliminary and a final declaration of disclosure must be served on the other party with certain exceptions. Neither disclosure is filed with the court. Instead, a declaration stating that service of disclosure documents was completed or waived must be filed with the court (see form FL-141).
lIn summary dissolution cases, each spouse or domestic partner must exchange preliminary disclosures as described in Summary Dissolution Information (form FL-810). Final disclosures are not required (see Family Code section 2109).
lIn a default judgment case that is not a stipulated judgment or a judgment based on a marital settlement agreement, only the petitioner is required to complete and serve a preliminary declaration of disclosure. A final disclosure is not required of either party (see Family Code section 2110).
lService of preliminary declarations of disclosure may not be waived by an agreement between the parties.
lParties who agree to waive final declarations of disclosure must file their written agreement with the court (see form FL-144).
The petitioner must serve a preliminary declaration of disclosure at the same time as the Petition or within 60 days of filing the Petition. The respondent must serve a preliminary declaration of disclosure at the same time as the Response or within 60 days of filing the Response. The time periods may be extended by written agreement of the parties or by court order (see Family Code section 2104(f)).
Attached are the following:
1.
2.
3.
4.
5.
6.
A completed Schedule of Assets and Debts (form
FL-142) or
A Property Declaration (form FL-160) for (specify):
Community and Quasi-Community Property
Separate Property.
A completed Income and Expense Declaration (form FL-150).
All tax returns filed by the party in the two years before the date that the party served the disclosure documents.
A statement of all material facts and information regarding valuation of all assets that are community property or in which the community has an interest (not a form).
A statement of all material facts and information regarding obligations for which the community is liable (not a form).
An accurate and complete written disclosure of any investment opportunity, business opportunity, or other income-producing opportunity presented since the date of separation that results from any investment, significant business, or other income- producing opportunity from the date of marriage to the date of separation (not a form).
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:
(TYPE OR PRINT NAME)
SIGNATURE
Page 1 of 1
Form Adopted for Mandatory Use
Family Code, §§ 2102, 2104,
Judicial Council of California
2105, 2106, 2112
FL-140 [Rev. July 1, 2013]
(Family Law)
www.courts.ca.gov
For your protection and privacy, please press the Clear
This Form button after you have printed the form.
After completing the California FL-140 form, you will need to serve the necessary disclosures to the other party involved in the case. Remember, the form is not filed with the court, but you must file a declaration stating that the disclosures were served or waived using form FL-141.
What is the California FL-140 form?
The California FL-140 form, known as the Declaration of Disclosure, is a legal document used in family law cases, particularly during divorce or legal separation proceedings. This form serves to ensure that both parties disclose their financial information to each other. The purpose of this disclosure is to promote transparency and fairness in the division of assets and debts. It's important to note that the FL-140 itself is not filed with the court; instead, it is served to the other party involved in the case.
Who is required to complete the FL-140 form?
What documents must accompany the FL-140 form?
When serving the FL-140 form, certain documents must also be provided. These include a completed Schedule of Assets and Debts (form FL-142) or a Property Declaration (form FL-160), an Income and Expense Declaration (form FL-150), tax returns from the last two years, and statements detailing material facts regarding community property and obligations. Additionally, any investment or business opportunities that arose since the date of separation must be disclosed.
Can parties waive the requirement for final declarations of disclosure?
Yes, parties can agree to waive the requirement for final declarations of disclosure. However, this agreement must be documented in writing and filed with the court using form FL-144. It's important to remember that while preliminary disclosures cannot be waived, the final disclosures can be if both parties consent.
What happens if a party fails to serve the FL-140 form on time?
If a party fails to serve the preliminary declaration of disclosure within the required time frame—either at the time of filing the Petition or within 60 days thereafter—they may face consequences. The court may impose penalties, and the non-compliant party could potentially lose the right to certain claims regarding property division or financial matters. Extensions can be requested through a written agreement or by a court order.
Is the FL-140 form filed with the court?
No, the FL-140 form is not filed with the court. Instead, a separate declaration stating that the disclosure documents were served or waived must be filed with the court using form FL-141. This helps maintain privacy and ensures that sensitive financial information is not publicly accessible.
What should I do if I have questions about filling out the FL-140 form?
If you have questions or need assistance with the FL-140 form, consider seeking legal advice. Family law can be complex, and a qualified attorney can provide guidance tailored to your specific situation. Additionally, many courts offer resources and self-help centers where individuals can obtain information and assistance regarding family law forms and procedures.
Filling out the California FL-140 form can be a straightforward process, but several common mistakes can lead to complications. One frequent error is neglecting to provide complete contact information. The form requires a full name, address, and telephone number. Incomplete or incorrect details can cause delays in communication or even affect the court's ability to reach the parties involved.
Another common mistake is misunderstanding the requirements for the declaration of disclosure. Many individuals mistakenly believe that they need to file the declarations with the court. However, the FL-140 form specifies that these documents should not be filed. Instead, a declaration confirming that the disclosures have been served must be filed. Failing to follow this guideline can lead to confusion and potential legal issues.
People also often overlook the importance of timeliness in serving the preliminary declaration of disclosure. The petitioner must serve this document at the same time as the petition or within 60 days of filing. Similarly, the respondent must serve their disclosure at the same time as their response or within 60 days of filing. Missing these deadlines can complicate the legal process and may affect the outcome of the case.
Lastly, individuals sometimes fail to attach the necessary supporting documents. The FL-140 form requires the inclusion of a completed Schedule of Assets and Debts, an Income and Expense Declaration, and other specific materials. Omitting these attachments can hinder the court's ability to make informed decisions regarding the case. Ensuring all required documents are included is crucial for a smooth process.
When dealing with family law matters in California, several forms accompany the FL-140 form to ensure proper disclosure and documentation. Each of these forms serves a specific purpose in the process of divorce, legal separation, or nullity actions. Below is a list of commonly used forms that you may need to consider.
Using these forms correctly can streamline the process and help ensure that all necessary information is disclosed. Always check for the most current forms and requirements to stay compliant with California law.
The California FL-140 form, known as the Declaration of Disclosure, plays a crucial role in family law proceedings. It ensures that both parties in a dissolution, legal separation, or nullity action are transparent about their financial situations. Several other documents share similarities with the FL-140 form, each serving a unique purpose while maintaining the essence of disclosure and transparency. Below is a list of these documents:
Understanding these related documents can enhance one’s grasp of the disclosure process in family law cases, ensuring that all parties are informed and equipped to navigate their legal obligations effectively.
When filling out the California FL-140 form, there are important steps to follow to ensure accuracy and compliance. Here’s a list of what you should and shouldn't do:
There are several misconceptions about the California FL-140 form. Understanding these can help clarify its purpose and requirements. Here are eight common misunderstandings:
Being informed about these misconceptions can help ensure compliance with the requirements surrounding the FL-140 form and avoid potential pitfalls in the disclosure process.
When filling out and using the California FL-140 form, keep the following key takeaways in mind: