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2012: What Are Your Statutory Disclosures In A San Diego Divorce Or Legal Separation?
The discussion about the statutory disclosures in the case of divorce or legal separation in San Diego is common. Some disclosures in all cases of divorces or legal separations are mandatory. These disclosures must be complied with in cases of divorce or legal separation in San Diego Family Law Court. These disclosures are the same whther a legal separation or divorce. Fiduciary and/or statutory disclosure duties are imposed upon those spouses who are seeking a divorce or a legal separation by the Family Law Code of California. These statutory disclosures that are established by the state law must be known and understood and complied with by both parties who parties to a divorce or legal separation. Moreover, such information must be disclosed without being requested by the court and there are time periods for such disclosures and, if not complied with, a motion can be brought demanding compliance and also seeking attorney fees and/or sanctions. The Law Office of Doppelt and Forney, APLC has experience in assembling and preparing the preliminary and/or final declarations of disclosure which include both the income and expense declaration and the schedule of assets and debts. A complimentary virtual consultation up to 30 minutes is available by calling 800-769-4748.
Schedule of assets and debts is a judicial council form which has a list of all assets and debts and documents to be attached. As well, the income and expense declartation is also a judicial council form and also have mandatory attachments such as income documentation. Together, these are call the preliminary declarations of disclosure and are mandatory in San Diego Family Law Court before the Judger may enter judgment in the case. These must be done by both the spouses and is not unilateral. It does not matter whether you are the petitioner or respondent. While a couple is married, some fiduciary duties also apply to both of the spouses as they are in a contractual relationship: marriage contract. There are many industries which require fiduciaries and some are in probate court.
The complete disclosures and documentation of schedules of debts and assets and the declaration of expenses and income are some of these duties but are not limited to only these. The purpose of such disclosures is to provide both the parties all of the assets and debts of the spouses. These include community property [which is defined from date of separation back to date of marriage] separate property [after date of separation and before date of marriage] as well as quasi community property [property which may be community but located in another state and/or country]. There are also additional methods of obtaining access to books for the purpose of inspection, and the authority to copy all community property transactions and accountings as a whole. These can take the form of disclovery including requests for inspection and requests for accountings such as Quickbooks and others. Such requirements remain in continuation subject to the division of community property and the maintenance of its assets until the judgment date arrives. Complete disclosure of the facts and information about all those things that are owned by one spouse to the other spouse is included in this duty; however, these are not its limitations. If an asset or debt is not listed and/or disclosed, then it may be considered an omitted asset and the San Diego Family Law Court retains jurisdiction for the division.
When a legal separation or divorce case is in its initial stage, the preliminary declaration of disclosure must be served, and the service proof is filed with the Court. In some cases in the Superior Court of San Diego, the court may alow a waiver of the final declaration of the disclosure, but the preliminary declaration of disclosure is mandatory. A duty related to keeping a check on any necessary material changes previously made to the disclosure documents and updating and augmenting them wholly and precisely keeps on in continuation with the proceedings of a divorce or legal separation case.
These duties help in the formation of a well informed and intelligently analyzed decision in case of all the settlement processes pertaining to assets and debt matters and the knowledge about them. These disclosures that are made after gaining such knowledge are for the community property, quasi-community property, and separate property. Partnerships, corporations, and all other business entities are included in these. If you would like to discuss your fiduciary duties or your San Diego case, please feel free to schedule a confidential consultation. It is a good idea to make a list of questions and issues you have when you come in for a consultation with an attorney whether free or paid for. This way, you can take notes and it is easier to remember what was said.