Riverside, CA asked in Divorce and Family Law for California

Q: do i have to file a prelimanary fl141 to an incarcerated person

i might have forgot but not sure. i dont think i filed it if i did. but might have lost it

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2 Lawyer Answers
T. Augustus Claus
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A: In California, the FL-141 is a Declaration Regarding Service of Declaration of Disclosure form that's generally required in divorce cases. The form serves as proof that you've provided your financial disclosures to your spouse. Regarding serving it to an incarcerated person, the usual service rules may have exceptions or additional requirements, given the unique circumstances of serving someone in custody.

If you're unsure whether you've filed it, you may be able to check with the court clerk to confirm. Failing to file could lead to delays in your case.

For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: Under California law, FL-141 is the Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration. When undergoing divorce or legal separation, both parties are typically required to serve each other with their preliminary and final declarations of disclosure. The FL-141 form verifies that this service was completed. Incarceration does not exempt you from this requirement. If the other party is incarcerated, you must still serve them with the disclosure documents and file the appropriate proof of service, like the FL-141. If you are unsure whether you filed it or lost it, you may check the court's records. It's crucial to ensure all necessary forms are properly filed to avoid complications in your case. If there's any doubt or concern, consider consulting directly with a family law attorney.

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