Sacramento, CA asked in Divorce and Family Law for California

Q: In a divorce, is a Declaration of Disclosure, etc., always required?

I filed for divorce and the Respondent never filed his Response. I've got everything prepared to file a default judgment but I'm unclear as to whether I am required to do the Declaration of Disclosure, etc. There is no property, there are no debts, and no issues with spousal support.

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4 Lawyer Answers
John Edwin Hinden
John Edwin Hinden
Answered
  • Santa Maria, CA
  • Licensed in California

A: Yes........you are not going to be able to enter a "default" until you do.

Joseph Torri and Andy Chen agree with this answer

Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: John is correct. Under the Family Code (section 2104, I think), financial disclosures for petitioner are always required, even in default cases.

I forget is Sacramento County has workshops or other classes still that are meant to help people without lawyers finish cases that are relatively simple. Budget cuts may have forced the court to do away with these classes, but in case I'm wrong, check either at the courthouse on Power Inn Road or on the court's website.

Joseph Torri agrees with this answer

Joseph Torri
Joseph Torri
Answered
  • Riverside, CA
  • Licensed in California

A: You will need to file the declaration of disclosure. Visit the court's self-help center for some assistance if needed.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
PREMIUM
Answered
  • Brooklyn, NY
  • Licensed in California

A: See my answer to your identical prior question. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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