Preliminary Declaration of Disclosure
When filing for a divorce, there are a few steps in which each party must complete before they can be legally divorced. One of the most important and time consuming steps is filling out the Preliminary Declarations of Disclosure. This article will discuss the importance of this step and what must be done to comply with it.
What are Preliminary Declarations of Disclosure
Preliminary Declarations of Disclosures (PDODs) are formal documents required as part of the divorce or legal separation process. These disclosures are comprehensive financial statements that each party must provide to the other. The purpose of these disclosures is to ensure that both parties understand the other parties financial situation before negotiating or litigating issues such as property division, spousal support, and child support.
The forms involved in completing the Preliminary Declaration of Disclosures are the FL-140, FL-141, FL-142, and FL-150. Only the FL-141 and FL-150 are filed with the Court. Once the Preliminary Declaration of Disclosure documents are served on the other party, then you file the FL-141 with the Court. This alerts the Court that you have complied with exchanging PDODs.
FL-142
The FL-142 is one of the most time-consuming documents in the Preliminary Declaration of Disclosure. This document is where each party must list all their assets and debts. This includes vehicles, properties, loans, bank accounts, retirement accounts, etc. This is done so the opposing party has clear knowledge of the other’s financial status. Financial documents must be attached to prove what the Fl-142 is stating. It can be easy to forget to include debts and other assets. With the help of an attorney, the odds of making a mistake are significantly lowered.
FL-150
The FL-150 is a very important part of the Preliminary Declaration of Disclosure. This document is called the Income and Expense Declaration. On this form, you must disclose how much money you make, any tax-free income, any income from any businesses you own, self-employment income, rental income, dividends and interest income, etc. You must also include how many people live with you and their contribution to your monthly expenses. The monthly expenses are broken down into categories, along with debts, to come up with how much money you spend per month. This is an estimate, but it must be close to the real thing. You must include your three most recent paystubs along with this FL-150. If you are self-employed, then you must attach your two most recent tax returns as proof of income also with a profit and loss statement.
Once these Preliminary Declarations of Disclosure are completed, then you must serve them to the opposing party. Once served and the FL-141 is filed, then this step in the divorce process is finished.
Resources
For more information on the Preliminary Declaration of Disclosures, please see the link below.
https://www.courts.ca.gov/partners/documents/PDOD_petitioner_sample.pdf