Get California Fl140 Form

Get California Fl140 Form

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.

Structure

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.

California Fl140 Preview

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

DECLARATION OF DISCLOSURE

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.

Document Data

Fact Name Description
Form Purpose The FL-140 form is used for the Declaration of Disclosure in family law cases, including dissolution, legal separation, and nullity actions.
Governing Law The form is governed by California Family Code sections 2102, 2104, 2105, 2106, and 2112.
Disclosure Requirement Both parties must serve a preliminary and a final declaration of disclosure, with certain exceptions.
Filing Restrictions Declarations of disclosure or financial attachments should not be filed with the court.
Service Timeline The petitioner must serve a preliminary declaration of disclosure within 60 days of filing the Petition.
Final Disclosure In default judgment cases, only the petitioner is required to complete and serve a preliminary declaration of disclosure.
Waiver of Disclosure Parties cannot waive the preliminary declaration of disclosure by agreement, but may waive the final disclosure with a written agreement filed with the court.
Required Attachments Attachments may include a Schedule of Assets and Debts, Income and Expense Declaration, and tax returns from the previous two years.
Signature Requirement The form must be signed under penalty of perjury, affirming that the information provided is true and correct.
Form Adoption The FL-140 form has been adopted for mandatory use by the Judicial Council of California.

How to Use California Fl140

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.

  1. Begin by filling in the section for Attorney or Party Without Attorney. Include your name, State Bar number (if applicable), and address.
  2. Provide your telephone number, fax number, and email address.
  3. Indicate who you are representing by filling in the Attorney For section with the name of the party.
  4. Fill in the Superior Court of California, County of section with the appropriate county name.
  5. Complete the Street Address and Mailing Address fields.
  6. Provide the City and ZIP Code for the court location.
  7. Specify the Branch Name of the court.
  8. Identify the Petitioner and Respondent by filling in their names.
  9. If applicable, include the name of the Other Parent/Party.
  10. Indicate the Case Number assigned to your case.
  11. Check the appropriate box for either Petitioner's Preliminary or Respondent's Final declaration.
  12. List the attached documents, such as the Schedule of Assets and Debts (form FL-142), Income and Expense Declaration (form FL-150), and any relevant tax returns.
  13. At the bottom of the form, type or print your name and provide your signature.
  14. Finally, include the Date when you completed the form.

Key Facts about California Fl140

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.

Common mistakes

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.

Documents used along the form

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.

  • FL-141: Declaration of Service of Disclosure - This form is used to confirm that the preliminary and final declarations of disclosure have been served to the other party. It must be filed with the court to show compliance with disclosure requirements.
  • FL-142: Schedule of Assets and Debts - This document details all assets and debts belonging to the parties. It helps in understanding the financial situation of each party during the proceedings.
  • FL-150: Income and Expense Declaration - This form provides a comprehensive overview of each party's income and expenses. It is essential for determining support obligations and financial disclosures.
  • FL-160: Property Declaration - This form is used to declare specific property interests. It helps clarify ownership and the nature of property during the division process.
  • FL-144: Stipulation to Waive Final Declaration of Disclosure - If both parties agree to waive the final declaration of disclosure, this form must be filed with the court to document their agreement.
  • FL-810: Summary Dissolution Information - This form provides guidelines for couples seeking a summary dissolution. It outlines the requirements for preliminary disclosures that need to be exchanged.

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.

Similar forms

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:

  • FL-141: Declaration of Service of Disclosure - This form serves as proof that the preliminary and final declarations of disclosure have been properly served to the other party, ensuring compliance with disclosure requirements.
  • FL-150: Income and Expense Declaration - This document details a party's income, expenses, and financial obligations, similar to the FL-140 in its goal of providing a clear financial picture during proceedings.
  • FL-142: Schedule of Assets and Debts - This form lists all assets and debts, paralleling the FL-140's requirement for parties to disclose their financial situations comprehensively.
  • FL-160: Property Declaration - Like the FL-140, this document addresses the division of property, requiring parties to declare their interests in community and separate properties.
  • FL-144: Stipulation to Waive Final Declaration of Disclosure - This form allows parties to agree to waive the final disclosure, reflecting the FL-140's emphasis on mutual consent and transparency in financial matters.
  • FL-810: Summary Dissolution Information - In summary dissolution cases, this document outlines the preliminary disclosures required, aligning with the FL-140's focus on financial transparency.
  • FL-220: Request for Order - This form may be used to request orders regarding financial disclosures, emphasizing the need for clarity and transparency in financial dealings, akin to the FL-140.
  • FL-300: Petition for Dissolution of Marriage - While primarily a petition form, it requires parties to provide initial disclosures, mirroring the FL-140's foundational role in ensuring financial clarity from the outset.

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.

Dos and Don'ts

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:

  • Do ensure all personal information is accurate and up-to-date.
  • Do include all necessary attachments, such as the Income and Expense Declaration.
  • Do serve the preliminary declaration of disclosure within the required time frame.
  • Do declare under penalty of perjury that the information is true and correct.
  • Don't file the declarations of disclosure with the court.
  • Don't forget to sign and date the form before submission.
  • Don't skip any required documents; ensure all are included.
  • Don't assume that verbal agreements about disclosures are sufficient; they must be documented.

Misconceptions

There are several misconceptions about the California FL-140 form. Understanding these can help clarify its purpose and requirements. Here are eight common misunderstandings:

  • The FL-140 must be filed with the court. Many people think this form needs to be submitted to the court. However, it is only used for disclosure purposes and is not filed with the court.
  • Both parties must file a final declaration of disclosure. In some cases, like default judgments, only the petitioner is required to serve a preliminary declaration. A final disclosure is not needed from either party.
  • Waiving disclosures is always allowed. While parties can agree to waive final disclosures, they cannot waive preliminary disclosures. This must be served regardless of any agreement.
  • Disclosure documents can be filed with the court. It is a common belief that disclosure documents should be filed. Instead, a declaration confirming service of these documents is what gets filed.
  • There is no time limit for serving disclosures. The petitioner must serve a preliminary declaration of disclosure within 60 days of filing the Petition. Similarly, the respondent has 60 days from filing their Response.
  • Only financial information is required. People often think the FL-140 only involves financial data. In fact, it requires a variety of information, including statements about assets and liabilities.
  • All disclosures are the same for every case. Misconceptions arise that the same disclosures apply universally. However, requirements can vary based on the type of case, such as summary dissolution.
  • Once served, disclosures are no longer relevant. Some believe that after serving disclosures, they are done. In reality, ongoing updates may be necessary if circumstances change.

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.

Key takeaways

When filling out and using the California FL-140 form, keep the following key takeaways in mind:

  • Do not file disclosures with the court. Both preliminary and final declarations of disclosure must be served to the other party, but they are not filed with the court.
  • Timelines are crucial. The petitioner must serve their preliminary declaration of disclosure with the Petition or within 60 days of filing. Similarly, the respondent must serve theirs with the Response or within 60 days of filing the Response.
  • Waiving disclosures requires documentation. If parties agree to waive final declarations of disclosure, they must file their written agreement with the court using form FL-144.
  • Specific documents are required. Attachments such as a completed Schedule of Assets and Debts or an Income and Expense Declaration must accompany the disclosures.
  • Be accurate and complete. Ensure that all material facts regarding community property, liabilities, and any income-producing opportunities are disclosed accurately to avoid penalties.