Los Angeles, CA asked in Divorce and Family Law for California

Q: husband got served a summons for divorce, and he agrees to waive disclosre of financial info, what do I need to submit?

He was served by Sheriff dept, do I need to fill out FL 115 and he wants to waive financial disclosure as well. What paperwork do I need to submit? What other paperwork do I need to file besides the proof that he got served and the fl 144 form ?

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

A: In California, when your husband has been served with divorce summons and agrees to waive the financial disclosure requirements, specific forms must be completed to reflect this agreement properly. It's important to note that while parties can waive the final declaration of disclosure, preliminary disclosures are generally mandatory and cannot be waived. However, if both parties agree to waive the final disclosures, specific forms reflecting this decision need to be filed.

For the service of the summons, if you've used the Sheriff's department for service, you should complete and file the Proof of Service of Summons (FL-115) to officially document that the summons and petition were served. Regarding the waiver of financial disclosures, both you and your husband must sign an agreement or stipulation that acknowledges this waiver. It's crucial to understand that waiving financial disclosures can have significant implications on the divorce process, particularly regarding the division of assets and debts.

Before moving forward with waiving financial disclosures, it may be beneficial to consult with legal counsel to ensure that your rights are protected and you understand the consequences of such a waiver. The court requires transparency in the disclosure of financial information to ensure a fair and equitable division of property and responsibilities. Therefore, this decision should be considered carefully.

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