FINAL DECLARATION OF DISCLOSURE
The final financial disclosures in a California divorce
Final Declaration of Disclosure
Final Declaration of Disclosure Laws and Procedure
Before spouses can enter into a final agreement, such as a stipulated judgment, that divides assets or addresses support issues, the spouses must exchange a final declaration of disclosure. If the divorce case is proceeding to a trial, the law requires the spouses to exchange this final declaration of disclosure no later than 45 days before the first assigned trial date. If the case is not going to trial and the spouses enter into a stipulated judgment, they have the option to waive the final declaration of disclosure by executing the proper form.
What is a final declaration of disclosure? It is similar to a preliminary declaration of disclosure and has the same forms except there are some additional disclosures the forms require for a final declaration.
The consequences of failing to exchange a final declaration of disclosure when that disclosure is not waived can be serious. At a minimum, the trial can be continued. At much worse, there could be significant monetary, issue or even evidentiary sanctions which would essentially torpedo the non-disclosing party's claims. Those who fail to complete disclosures as required by law or who provide incomplete or incorrect information on their disclosures play a dangerous game.