Q: Can I waive the Final Disclosure when I am filing my divorce before I request a default?
I read that financial information will not be filed with court and will only be shared with my spouse. When I read the steps for finishing the divorce in default, I saw that there is an option wherein the Final Disclosure can be waived (form FL-144). Are there only specific cases that this can be allowed? Can I just choose to do this right away even as I am only starting my divorce case? My spouse and I are in agreement about everything and it would make the process easier if I wouldn't have to prepare all my financial information.
A:
In California, waiving the Final Declaration of Disclosure in a divorce is possible under certain conditions. The form you mentioned, FL-144, allows both parties to waive the requirement of providing a final declaration of financial information. However, this can only be done if both parties agree to the waiver in writing. You cannot unilaterally decide to waive this disclosure.
It’s important to understand that this waiver does not eliminate the requirement for the Preliminary Declaration of Disclosure, which must still be exchanged. This waiver is generally used in cases where both parties have a comprehensive understanding of each other's financial situation and are in complete agreement about the division of assets and debts.
Keep in mind that the court must still approve your agreement and the waiver of the Final Disclosure. It's advisable to consult with a lawyer to ensure that all legal requirements are met and your rights are protected in the divorce process.
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