At various points throughout a divorce in California, both spouses or partners are required to share declarations of disclosure, including income and expense declarations. The preliminary declaration of disclosure must be served when the summons and petition are served or within 60 days of filing a divorce petition.
The final declaration of disclosure must be served before a judgment based on a settlement can be entered, or at least 45 days before the first day set for trial if the case is contested.
While the final declaration of disclosure can be waived, the preliminary disclosure normally cannot be waived. Because these disclosures are served on the parties but not filed, the court needs some way to know whether the parties have complied with the requirements. That is where the “Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration” (form FL-150) comes in. This form can be used to let the court know (1) whether preliminary declarations of disclosure have been served; (2) whether final declarations of disclosure have been served; and (3) whether declarations of disclosure have been waived.
Watch: Mastering California Divorce: Understanding Form FL 150 (Income and Expense Declaration)
When to use a Declaration of Disclosure
You have completed your financial disclosure forms and served them to the other party. This form tells the Court under penalty of perjury that you provided the financial forms ( FL-140, FL-142, FL-150 and sometimes FL-160) and your most recent two years of tax returns to your ex. Not all of those forms or the tax returns are filed with the Court, so the Judge will not know you have complied with this required step unless you file the FL-150 with the Court. Your Judgment of Dissolution cannot be entered until form FL-150 has been filed.
Your Income and Expense Declaration is another mandatory form you will have to file at least once during your divorce. If you have support issues or lawyer's requests pending before the Judge, you will likely have to file one many times.
Why: The Income and Expense Declaration is a snapshot of your finances including your income from all sources and your monthly expenses. It is filed with the court and used by the judge (along with the supporting documentation) to determine your need for or ability to pay child and/or spousal support or lawyer's fees.
How to complete a Declaration of Disclosure
FL-150
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