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.
A: Yes........you are not going to be able to enter a "default" until you do.
Andy Chen and Joseph Torri agree with this answer
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
A: You will need to file the declaration of disclosure. Visit the court's self-help center for some assistance if needed.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
