California Info
California Divorce
Start Your Divorce
Find Professionals
California Articles
Divorce Facts
Divorce Grounds
Residency
Divorce Laws
Mediation/Counseling
Divorce Process
Legal Separation
Annulments
Property Division
Alimony
Child Custody
Child Support
Divorce Forms
Process Service
Grandparent Rights
California Articles
Agreements
Attorney Relationship
Custody & Visitation
Child Support
Collaborative Law
Counseling
Divorce/General
Domestic Abuse
Domestic Partnership
Financial Planning
Foreign Divorce
Mediation
Parenting
Property Division
Spousal Support
Info Categories
Contemplating Divorce
Children & Divorce
Divorce, Dollars & Debt
Divorce Laws
Divorce Process
Divorce Negotiation
More Information
Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs
For Professionals
Advertise With Us Free Network Page Join Our Network Submit Articles Sign In Network Sites
|
"I Declare" - A Must in Divorce
Honesty doesn't always pay, but dishonesty always costs.
- Michael Josephson There are four areas to address in most divorces:
Three of these directly involve money – the fourth does so indirectly. In light of the financial decisions needing to be made, California requires that the couple make full disclosure to each other on all sources of income, expenses, properties and liabilities (California Family Code 2100 et seq). To implement these requirements the law provides that a “full and accurate disclosure” of all assets and liabilities (whether community or separate), be served on the other party within sixty days of filing the Petition (or Response). In addition, each party must provide an Income and Expense Declaration within the same timeframe. The parties also must update each other if there is any material change in the information provided. The purposes of these disclosures are:
There is a common fear by one or both spouses that the other will be hiding information. That is why attorneys vigorously pursue discovery (one of the most expensive parts in divorce). In non-litigated divorces (i.e., mediation) the parties often voluntarily provide this information without investigation. They do it on trust. But, are there safeguards against being less than truthful? Disclosures are provided under penalty of perjury. Failure to provide accurate and complete information could result in criminal penalties. Perhaps a bigger safeguard is that a settlement or judgment can be overturned if significant failures to disclose are later discovered. One of the most famous examples occurred when a wife won the lottery, didn’t tell her husband, and filed for divorce. The husband learned of the lottery winnings after the divorce. In that case, the judge overturned the divorce agreement and awarded 100% of the lottery winnings to husband.
Remember: to be fair, you must be aware.
Navigate:
Home
States
California Divorce Source
California Divorce Articles, News and Resources
Divorce - General, Laws and Process
"I Declare" - A Must in Divorce
The California court may award alimony/spousal support to either spouse in any amount for any period of time that it deems just and reasonable based on the standard of living during the marriage. The amount of alimony/spousal support and the duration will vary significantly from case-to-case and is often dependent upon the division of property.
|
![]() Find Professionals
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
|
Established in 1996
© 1996 - 2021 Divorce Source, Inc. All Rights Reserved.