AB 1407, as introduced, Atkins. Family law: dissolution: declaration of disclosure.
Existing law requires each party to a proceeding for dissolution of marriage or legal separation of the parties to serve on the other party a preliminary declaration of disclosure of assets, as specified, either concurrently with the petition for dissolution, or within 60 days of filing the petition.
This bill would clarify that the petitioner is required to serve the preliminary declaration of disclosure either concurrently with the petition for dissolution or legal separation or within 60 days of filing the petition.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 2104 of the Family Code is amended to
2read:
(a) Except by court order for good cause, as provided
4in Section 2107, in the time period set forth in subdivision (f), each
5party shall serve on the other party a preliminary declaration of
6disclosure, executed under penalty of perjury on a form prescribed
P2 1by the Judicial Council. The commission of perjury on the
2preliminary declaration of disclosure may be grounds for setting
3aside the judgment, or any part or parts thereof, pursuant to Chapter
410 (commencing with Section 2120), in addition to any and all
5other remedies, civil or criminal, that otherwise are available under
6law for the commission of perjury. The preliminary declaration of
7disclosure shall include all tax returns filed by the declarant within
8the two years prior to the date that the party served the declaration.
9(b) The preliminary declaration of disclosure shall not be filed
10with the court, except on court order. However, the parties shall
11file proof of service of the preliminary declaration of disclosure
12with the court.
13(c) The preliminary declaration of disclosure shall set forth with
14sufficient particularity, that a person of reasonable and ordinary
15intelligence can ascertain, all of the following:
16(1) The identity of all assets in which the declarant has or may
17have an interest and all liabilities for which the declarant is or may
18be liable, regardless of the characterization of the asset or liability
19as community, quasi-community, or separate.
20(2) The declarant’s percentage of ownership in each asset and
21percentage of obligation for each liability where property is not
22solely owned by one or both of the
parties. The preliminary
23declaration may also set forth the declarant’s characterization of
24each asset or liability.
25(d) A declarant may amend his or her preliminary declaration
26of disclosure without leave of the court. Proof of service of any
27amendment shall be filed with the court.
28(e) Along with the preliminary declaration of disclosure, each
29party shall provide the other party with a completed income and
30expense declaration unless an income and expense declaration has
31already been provided and is current and valid.
32(f) The petitioner shall serve the other party with the preliminary
33declaration of disclosure either concurrently with the petition for
34begin delete dissolution,end deletebegin insert
dissolution or legal separation,end insert or within 60 days of
35filing the petition. The respondent shall serve the other party with
36the preliminary declaration of disclosure either concurrently with
37the response to the petition, or within 60 days of filing the response.
P3 1The time periods specified in this subdivision may be extended by
2written agreement of the parties or by court order.
O
99