QUESTION: My boyfriend is trying to file for divorce in California. Part of the requirement is to disclose financial information. His ex will not provide this information, so how should he proceed in filling out his FL-141 (Declaration Regarding Service of Declaration of Disclosure) Forms?
MY RESPONSE:
Assuming that your boyfriend has already filed and had his Dissolution of Marriage Action served on his wife, he should prepare his Preliminary Declaration of Disclosure, his Income and Expense Declaration, his Schedule of Assets and Debts, and his Declaration re Service of Preliminary Declaration of Disclosure and Income and Expense Declaration, and those should be served on his wife, and his Declaration re Service of Preliminary Declaration of Disclosure and Income and Expense Declaration should be filed with the Clerk of the Court (not the other documents).
He should request, in writing that his wife prepare and serve the same documents on him, and advise her that unless he receives them within 30 days, he will need to seek the assistance of the Court to compel her to do so and to pay monetary sanctions to him.
If she doesn't comply, he should file (and serve) a Motion to compel preparation and service of those documents, and for an Order compelling his wife to pay a certain dollar amount of monetary sanctions to him.
If the Court grants his Motion, and his wife fails to comply with the Court's order within the time limit specified in the order, he should file another Motion to compel preparation and service of those documents, and for "Terminating Sanctions", i.e., for the Court to enter his wife's default, which, if granted, will enable him to proceed to get a judgment against his wife without her participation in the case.
If your boyfriend can afford to retain an experienced Family Law Attorney to represent him, he would be wise to do so, because there are technical requirements for the procedures addressed above which he may not know and/or which may be difficult for him to comply with.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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