Going through a divorce in California requires each spouse to complete and disclose financial forms and information.

If you thought that getting a divorce in California could be just as easy as getting married, you may have to think again. California family courts require each spouse to make sure they disclose to one another any and all debts or properties each has during the divorce process. So each spouse will be required to fill out many of the financial forms, declarations concerning income and expenses, and disclosures of assets and debts as required by the California Judicial Council.

Why is disclosure so important? Well, certain answers can be found in the California Family Code. Family Code Section 721 states that "spouses are subject to the general rules governing fiduciary relationships that control the actions of persons occupying confidential relations with each other. This confidential relationship imposes a duty of the highest good faith and fair dealing on each spouse, and neither shall take any unfair advantage of the other". In addition to the concept of "fiduciary relationship". the California legislature has also stressed the importance of protection of assets and a fair division of any debts involved in a marriage such that, assets in particular, are not disposed of by any spouse taking unfair advantage of the other prior to any orders for child support or spousal support. In California Family Code Section 2100(c), it states that " a full and accurate disclosure of all assets and liabilities in which one or both parties have or may have an interest must be made in the early stages of a proceeding for dissolution of marriage or legal separation of the parties, regardless of the characterization as community or separte, together with a disclosure of all income and expenses of the parties."

As you can see, Calfornia law requires spouses to disclose their assets and debts, their income from all sources and expenses, and by doing so, the spouses can fairly divide such assets or debts, fairly assign such assets or debts to the other spouse upon settlement or conclusion of a divorce case, and receive fair orders concerning child or spousal support orders depending upon the circumstances of a case.

When a spouse refuses to disclose, there can be legal consequences such as ssnctions, awards for attorney fees, or contempt orders. The forms and declarations involved in a divorce or legal separation case in California can be overwhelming. However, when property disclosures and financial declarations are done correctly, a spouse can be comfortably assured that he or she is not being unfairly treated or taken advantage of by the other spouse.

The Gonzalez Law Firm is located in the cities of Fullerton and Santa Ana, and has helped many individuals receive fair treatment and outcomes in divorce, child custody, property division, child support and spousal support cases. Call 877-345-2997 to schedule a consultation with Attorney David Gonzalez.

How do I Start or Open a Divorce Case in California?

How do I file for divorce in California?

Petition for dissolution of marriage

A person that wants to file for divorce in the State of California must file a Petition for Dissolution of Marriage with their local court that supervises divorce cases. The Petition for Dissolution of Marriage is a judicial council form. The form number is FL-100 and it is called the Petition-Marriage. The form has been approved by the Judicial Council for the State of California so it is a form that is required by all court located in California. The Petition is broken down into several categories and requests certain information such as where the person who is filing for divorce has lived in the last six months, statistical information concerning the marriage, the names, date of birth, and sex of any children that resulted from the marriage, property and/or debt information concerning separate property and community property, the reason a person is requesting a divorce, and requests that a person is seeking from the court. These requests involve the issues of custody, visitation, spousal support, property rights, and name change. The Petition does not allow a person to request child support, as that issue is an issue that a family law court always maintains jurisdiction or power over, and the family court will make an order for child support as long as the court has financial information from both persons in which to make such an order.

What information is requested on the petition for divorce?

The items listed in the Petition are very important, and must be answered carefully. If a person fails to mark or indicate certain information in the Petition (for example, a person forgot to mark that she wants to seek spousal support), a court may decide not to make any order concerning that issue because of the person’s failure to ask for it in the Petition. The person filing for divorce may then need to file an amended petition in order to get that a missing issue before the court.

The Petition is usually filed along with the Summons-Family Law, Form number FL-110, when a person opens a divorce case. Many courts in California will not accept the Petition if it is not properly filed with the Petition.

If you are thinking of filing for divorce, it is best to seek an experienced family law attorney such as the Gonzalez Law Firm. Attorney David Gonzalez can properly protect your legal rights during a divorce proceeding or case. Contact him at 714-992-5217. His firm provides legal services at competitive and reasonable legal fees. His firm represents many clients whose cases are before all courts in all Orange, Riverside, San Bernardino, and Los Angeles counties in the State of California.