What should I do if my spouse will not provide financial information for divorce? 3 Answers as of July 14, 2011

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?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
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 hiswife's default, which, if granted, will enable him to proceed to get ajudgment 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.
Answer Applies to: California
Replied: 7/14/2011
Law Office of Margaret D. Wilson
Law Office of Margaret D. Wilson | Margaret Wilson
In California both parties are required to disclose financial information. Failure to provide financial disclosures can result in a set aside of the Judgment later on. If one party propounds discovery which requests financial information and the other party fails to comply with in 30 days of service (more time depending on the form of service) then the propounding party can file a Motion to Compel and seek attorney's fees and costs and an order from the court compelling compliance.
Answer Applies to: California
Replied: 7/13/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
His ex-wife's failure to provide an accurate Income and Expense Declaration has nothing to do with your boyfriend's drafting and serving a Declaration of Disclosure, which concerns only his finances. Your boyfriend needs to ask the Court for an Order that his ex-wife comply with discovery, and then file an Order to Show Cause, re: Contempt if she will not do so.
Answer Applies to: California
Replied: 7/13/2011
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