as amended, Atkins. Family law:
begin delete dissolution: declaration of disclosure.end delete
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.end delete
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.end delete
begin deleteno end delete.
State-mandated local program: begin deleteno end delete.
The people of the State of California do enact as follows:
Section 2104 of the Family Code is amended to
(a) Except by court order for good cause, as provided
24in Section 2107, in the time period set forth in subdivision (f), each
25party shall serve on the other party a preliminary declaration of
26disclosure, executed under penalty of perjury on a form prescribed
27by the Judicial Council. The commission of perjury on the
28preliminary declaration of disclosure may be grounds for setting
29aside the judgment, or any part or parts thereof, pursuant to Chapter
3010 (commencing with Section 2120), in addition to any and all
31other remedies, civil or criminal, that otherwise are available under
32law for the commission of perjury. The preliminary declaration of
33disclosure shall include all tax returns filed by the declarant within
34the two years prior to the date that the party served the declaration.
35(b) The preliminary declaration of disclosure shall not be filed
36with the court, except on court order. However, the parties shall
37file proof of service of the preliminary declaration of disclosure
38with the court.
P5 1(c) The preliminary declaration of disclosure shall set forth with
2sufficient particularity, that a person of reasonable and ordinary
3intelligence can ascertain, all of the following:
4(1) The identity of all assets in which the declarant has or may
5have an interest and all liabilities for which the declarant is or may
6be liable, regardless of the characterization of the asset or liability
7as community, quasi-community, or separate.
8(2) The declarant’s percentage of ownership in each asset and
9percentage of obligation for each liability where property is not
10solely owned by one or both of the parties. The preliminary
11declaration may also set forth the declarant’s characterization of
12each asset or liability.
13(d) A declarant may amend his or her preliminary declaration
14of disclosure without leave of the court. Proof of service of any
15amendment shall be filed with the court.
16(e) Along with the preliminary declaration of disclosure, each
17party shall provide the other party with a completed income and
18expense declaration unless an income and expense declaration has
19already been provided and is current and valid.
20(f) The petitioner shall serve the other party with the preliminary
21declaration of disclosure either concurrently with the petition for
22 dissolution or legal separation, or within 60 days of filing the
23petition. The respondent shall serve the other party with the
24preliminary declaration of disclosure either concurrently with the
25response to the petition, or within 60 days of filing the response.
26The time periods specified in this subdivision may be extended by
27written agreement of the parties or by court order.