Monterey — Declaration of Disclosure

Source: https://www.monterey.courts.ca.gov/system/files/declaration-disclosure.pdf

www.monterey.courts.ca.gov/self-help

DECLARATION OF DISCLOSURE (Packet #7)

The purpose of these forms is to disclose information about your income and expenses as well as your assets and debts if you are asking for a divorce or termination of a domestic partnership. California law requires that this information be exchanged twice: once within 60 days of filing your petition or response (called a Preliminary Declaration of Disclosure) and then a second time near the end of your divorce case (called a Final Declaration of Disclosure). However, if you are the Petitioner and the Respondent has not responded to the Petition AND the parties have not entered into a written agreement, then only the Petitioner needs to do the Preliminary Declaration of Disclosure. THE PRELIMINARY DECLARATION MUST INCLUDE COPIES OF YOUR LAST TWO INCOME TAX RETURNS FILED, and other back-up documentation listed in the forms.

Also, if you and your spouse have completed and exchanged your Preliminary Declarations of Disclosure, you can agree to waive exchanging your Final Declarations of Disclosure by signing and filing the Stipulation and Waiver of Final Declaration of Disclosure(FL-144).

You must list ALL of your property and debts, not just what you accumulated together with your spouse.

This packet contains instructions and the blank forms that need to be filed with the court.

STEP 1: Complete the forms.

You must fill out the following attached forms: • Declaration of Disclosure (FL-140): This form is a cover sheet and explains what forms are attached to the cover sheet. (This form is NOT filed with the Court.) • Schedule of Assets and Debts (FL-142): This form lists the separate and community assets and debts. (This form is NOT filed with the court.) • Income and Expense Declaration (FL-150): This form lists your income and your expenses. (See Packet #12 for details.) (This form is only filed with the court if you are requesting financial orders, like child or spousal support.) • Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration (FL-141): This form explains who filled out the Declaration of Disclosure, whether it is preliminary or final, and the date that he or she had the Declaration of Disclosure served on the other party. This form MUST be filed with the court.

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• All forms must be clear and legible and either typed (filled out online) or neatly written in black or blue ink. • If you make a mistake simply mark a single line through the mistake, initial it and then enter the correct information. • Complete the caption on every page of the form. Most forms have a caption box at the top where you will put your name, address, phone number, and a second box for the Court’s information and a third box where the names of the parties are written. • If you have any questions regarding filling out these forms or would like someone to review your forms before you file them, please schedule a document check with the Self-Help Center. You can do this online at https://processing.monterey.courts.ca.gov/SelfHelp/Default.aspx

How to fill out the forms.

Complete the information on the caption (as pictured below), check the appropriate boxes to indicate what you are requesting, and fill in information where required.

John Doe 123 Main Street Salinas, CA 93906 831-123-4567

In Pro Per Monterey 1200 Aguajito Road 1200 Aguajito Road Monterey, CA 93940 Monterey John Doe Jane Doe

DR12345

On the Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration (FL-141), if you are the Petitioner, the form will be filled out as follows:

If you are the Respondent, the form will be filled out as follows:

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STEP 2: Copy the forms.

Make sure you date, print, and sign your name on the forms, where required. Once you have completed the forms, make one copy of each form.

STEP 3: Arrange to have the other party served.

A copy of the forms, except the Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration (FL-141), must be served on the other party by mail or in person. You may not serve the papers on the other party, so find a friend, acquaintance, or a professional process server (look in the yellow pages under “process servers”) to serve the papers for you. Keep the originals in your file so that you can later verify what was served on the other party, if necessary.

Your spouse must be served with the following papers:

1. Your completed Declaration of Disclosure (FL-140)
2. Your completed Schedule of Assets and Debts (FL-142)
3. Your completed Income and Expense Declaration (FL-150)

Note: these forms are NOT filed with the court, however, you may have to file the Income and Expense Declaration (FL-150) with the court for a support hearing later on.

Once the papers have been served, have your process server fill out and sign the Proof of Service (either FL-330 or FL-335). Make a copy.

STEP 4: File the forms with the court.

Bring the original and your copy of the Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration (FL-141) and the Proof of Service (either FL-330 or FL-335) to the first floor Family Law filing window at the Monterey Courthouse, located at 1200 Aguajito Road, Monterey, CA 93940. The court will keep the original and will file-stamp your copies for you. Keep the copy for your records. If you need to mail your -3-

documents to the court for filing, be sure to include a copy and a return envelope with sufficient postage to have the endorsed copy returned to you.

For instructions on filing electronically, please see the Monterey Superior Court website at www.monterey.courts.ca.gov.

For additional assistance: The Self-Help Center provides workshops and document reviews by appointment (or waitlist if space is available) and is located at three locations: (1) on the first floor of the Monterey Courthouse, 1200 Aguajito Road, in Monterey; (2) near the Salinas Courthouse, at 118 W. Gabilan Street, Salinas CA; and (3) on a limited schedule at the Greenfield Civic Center, 599 El Camino Real, Greenfield CA. To make an appointment, you can either come in or sign up online (go to www.monterey.courts.ca.gov); and follow the links to the Self-Help Center and then select the workshop you would like to attend. To access the forms online, go to: www.courts.ca.gov/forms.htm

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You fill out the following forms: • FL-140 • FL-142 • FL-150 • FL-141

The process server fills out either: • FL-330 or FL-335

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