A mandatory part of completing any Sacramento divorce is preparing the Preliminary Declaration of Disclosure (PDD). Every court will require these documents be properly prepared and served upon the other party to the Sacramento divorce case. Also, each parent must complete a one-page proof of service form and file it with the Sacramento County family court. If either parent fails to complete their PDD, or file and serve their one-page proof of service, they have failed in their fiduciary disclosure obligations to each other and the court will not enter a judgment of divorce or set the case for trial. If in the unlikely event the court does mistakenly enter a judgment, a party can later file a motion to set aside the judgment on the basis of failing to disclose all assets, debts, income, and expenses.
We recommend you speak to an attorney and that you follow this list in completing the PDD:
- Complete and sign the Income and Expense Declaration (form FL-150) and attach copies of at least your last two months paystubs and proof of any and all other income sources. Black out all Social Security Numbers and bank account numbers.
- Complete the Schedule of Assets and Debts (form FL-142) and attach copies of statements of value for each asset and debt as close to the date you separated from your spouse. For example, if you separated on January 30, 2013, you should include statements for your bank accounts as close to January 30, 2013 as possible. You should repeat this process for every asset and debt (if you can actually obtain statements).
- Complete the Declaration of Disclosure (form FL-140) and sign everything.
- Serve the completed package on your spouse and keep a copy for yourself.
- File the 1 page Declaration Regarding Service of Disclosure (form FL-141) with the court.
- Follow up with your spouse to ensure that he/she completes their PDD and serves you with it. They must also file their proof of service form with the court.
We recommend you seek the advice and counsel of our Sacramento divorce attorneys if you are involved in a Sacramento divorce case. We are trained to assist you in properly completing your required Preliminary Declaration of Disclosure and getting your spouse served. Please call us today.