Asked in Divorce, Family Law and Tax Law for California

Q: What to do about the financial information for divorce if I don't file taxes?

I recently immigrated to the US this year and have only had a part-time job so far. I've never filed taxes yet. In sharing my financial information with my spouse for the divorce process, is it okay if I don't have any tax returns to provide?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In California, during a divorce, both parties are required to disclose all financial information, including income, regardless of whether they have filed taxes. If you haven't filed taxes due to recent immigration or limited income, you should still provide any relevant financial documentation you have.

This can include pay stubs from your part-time job, bank statements, and any other records of income or assets. The key is to be as transparent as possible about your financial situation. Even if you don't have tax returns, other documents can help paint a clear picture of your financial status.

It's also important to communicate this situation to your spouse and their legal representative, explaining why tax returns are not available. Transparency and communication can help ensure that the financial aspect of the divorce proceeds smoothly and fairly. If there are any concerns or confusion, consider seeking guidance from a legal professional who can help you understand what information is necessary and how to present it effectively in your unique situation.

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