When clients come in for a consultation, we discuss what generally happens in a family law case. One person, the Petitioner, serves the dissolution petition and summons. The other person, the Respondent, will have thirty days after that to file a response. So then what happens? Well, if one of the parties wants spousal support and/or child support, or has custody issues, or wants the other side to pay attorneys fees, they will apply to the court for temporary orders, which can last during the proceedings until judgment is entered.
So, after temporary orders are made, or if none are needed, what happens before the case goes to trial (or is settled between the parties by agreement)? Well, the parties are required to exchange certain information, generally consisting of income and expense declarations, a schedule of assets and debts, and tax returns. Attached to the schedule of assets and debts should be the statements demonstrating the values included in the document. For example, if you claim a Visa debt of $2,500, the account statement showing that debt is attached to the schedule of assets and debts. These documents combined together are known as declarations of disclosure. There are preliminary declarations of disclosure and final declarations of disclosure. The final declarations of disclose can be waived by mutual agreement of the parties.
But before there can be any settlement agreement or trial, the parties must exchange preliminary declarations of disclosure. The purpose to make sure that you know what the “whole pie” is before you start dividing. All of the assets and liabilities of the parties, whether separate or community need to be disclosed. If you don’t properly acknowledge your assets and debts, you are giving the other side the opportunity to come after you later to try to set aside the settlement agreement or judgment. It is therefore very important to properly fill out and complete the preliminary declarations of disclosure.
For all of your family law and business law needs, contact the The Marcus Law Firm at 661-257-8877.