Section § 2100

Explanation

This section of California law sets important rules for handling financial matters when couples separate or divorce. It emphasizes protecting the shared property and debts until everything is divided fairly and ensures that child and spousal support are handled appropriately. It also supports reducing conflict and costs during divorce by encouraging couples to share information openly and honesty. Both parties must fully disclose all their financial assets, debts, income, and expenses early in the divorce process and keep updating this information if anything changes. This transparency helps both sides understand the full picture and make informed decisions.

The Legislature finds and declares the following:
(a)CA Family Law Code § 2100(a) It is the policy of the State of California (1) to marshal, preserve, and protect community and quasi-community assets and liabilities that exist at the date of separation so as to avoid dissipation of the community estate before distribution, (2) to ensure fair and sufficient child and spousal support awards, and (3) to achieve a division of community and quasi-community assets and liabilities on the dissolution or nullity of marriage or legal separation of the parties as provided under California law.
(b)CA Family Law Code § 2100(b) Sound public policy further favors the reduction of the adversarial nature of marital dissolution and the attendant costs by fostering full disclosure and cooperative discovery.
(c)CA Family Law Code § 2100(c) In order to promote this public policy, a full and accurate disclosure of all assets and liabilities in which one or both parties have or may have an interest must be made in the early stages of a proceeding for dissolution of marriage or legal separation of the parties, regardless of the characterization as community or separate, together with a disclosure of all income and expenses of the parties. Moreover, each party has a continuing duty to immediately, fully, and accurately update and augment that disclosure to the extent there have been any material changes so that at the time the parties enter into an agreement for the resolution of any of these issues, or at the time of trial on these issues, each party will have a full and complete knowledge of the relevant underlying facts.

Section § 2101

Explanation

This section defines key terms used in this chapter of the law. An 'asset' is any kind of property, real or personal, tangible or intangible, and includes potential future assets. A 'default judgment' is different from a mutual agreement or settlement in a marital case. 'Earnings and accumulations' refer to all forms of income, as detailed in another section. 'Expenses' cover personal living costs but not business costs. An 'income and expense declaration' is a specific financial form approved by the courts. Lastly, a 'liability' is any kind of debt or obligation you owe, including possible future debts.

Unless the provision or context otherwise requires, the following definitions apply to this chapter:
(a)CA Family Law Code § 2101(a) “Asset” includes, but is not limited to, any real or personal property of any nature, whether tangible or intangible, and whether currently existing or contingent.
(b)CA Family Law Code § 2101(b) “Default judgment” does not include a stipulated judgment or any judgment pursuant to a marital settlement agreement.
(c)CA Family Law Code § 2101(c) “Earnings and accumulations” includes income from whatever source derived, as provided in Section 4058.
(d)CA Family Law Code § 2101(d) “Expenses” includes, but is not limited to, all personal living expenses, but does not include business related expenses.
(e)CA Family Law Code § 2101(e) “Income and expense declaration” includes the Income and Expense Declaration forms approved for use by the Judicial Council, and any other financial statement that is approved for use by the Judicial Council in lieu of the Income and Expense Declaration, if the financial statement form satisfies all other applicable criteria.
 (f) “Liability” includes, but is not limited to, any debt or obligation, whether currently existing or contingent.

Section § 2102

Explanation

This law outlines the responsibilities of both parties from the separation date until the distribution of shared assets and liabilities. Each person must be honest and thorough in revealing their financial situation, including changes in assets and debts, and any new income or investment opportunities that arise. Both parties must disclose these opportunities in time for the other to decide on participation. This rule holds until assets or liabilities are allocated or disputes over support and fees are settled. These duties stem from Section 721, which emphasizes fairness and transparency in managing shared finances and opportunities post-separation.

(a)CA Family Law Code § 2102(a) From the date of separation to the date of the distribution of the community or quasi-community asset or liability in question, each party is subject to the standards provided in Section 721, as to all activities that affect the assets and liabilities of the other party, including, but not limited to, the following activities:
(1)CA Family Law Code § 2102(a)(1) The accurate and complete disclosure of all assets and liabilities in which the party has or may have an interest or obligation and all current earnings, accumulations, and expenses, including an immediate, full, and accurate update or augmentation to the extent there have been material changes.
(2)CA Family Law Code § 2102(a)(2) The accurate and complete written disclosure of any investment opportunity, business opportunity, or other income-producing opportunity that presents itself after the date of separation, but that results from any investment, significant business activity outside the ordinary course of business, or other income-producing opportunity of either spouse from the date of marriage to the date of separation, inclusive. The written disclosure shall be made in sufficient time for the other spouse to make an informed decision as to whether the spouse desires to participate in the investment opportunity, business, or other potential income-producing opportunity, and for the court to resolve any dispute regarding the right of the other spouse to participate in the opportunity. In the event of nondisclosure of an investment opportunity, the division of any gain resulting from that opportunity is governed by the standard provided in Section 2556.
(3)CA Family Law Code § 2102(a)(3) The operation or management of a business or an interest in a business in which the community may have an interest.
(b)CA Family Law Code § 2102(b) From the date that a valid, enforceable, and binding resolution of the disposition of the asset or liability in question is reached, until the asset or liability has actually been distributed, each party is subject to the standards provided in Section 721 as to all activities that affect the assets or liabilities of the other party. Once a particular asset or liability has been distributed, the duties and standards set forth in Section 721 shall end as to that asset or liability.
(c)CA Family Law Code § 2102(c) From the date of separation to the date of a valid, enforceable, and binding resolution of all issues relating to child or spousal support and professional fees, each party is subject to the standards provided in Section 721 as to all issues relating to the support and fees, including immediate, full, and accurate disclosure of all material facts and information regarding the income or expenses of the party.

Section § 2103

Explanation

In a divorce or legal separation in California, both parties must share a complete list of what they own and owe unless they agree to skip this step or it's deemed unnecessary. This includes initial and final lists, which must be officially shared with the court.

In order to provide full and accurate disclosure of all assets and liabilities in which one or both parties may have an interest, each party to a proceeding for dissolution of the marriage or legal separation of the parties shall serve on the other party a preliminary declaration of disclosure under Section 2104, unless service of the preliminary declaration of disclosure is waived as provided in Section 2107 or is not required pursuant to Section 2110, and a final declaration of disclosure under Section 2105, unless service of the final declaration of disclosure is waived pursuant to Section 2105, 2107, or 2110, and shall file proof of service of each with the court.

Section § 2104

Explanation

This law requires that during a divorce or legal separation, both parties must share financial information with each other using a 'preliminary declaration of disclosure,' which must be signed under oath. This document should include all recent tax returns and a detailed list of assets and debts, along with ownership and liability percentages, even if the assets or debts are shared, separate, or partly-community. These disclosures aren't filed with the court, but proof that they were shared must be. The law also demands sharing of income and expense declarations unless already exchanged, and there are specific timelines for serving these documents, which can be extended by mutual agreement or court order.

(a)CA Family Law Code § 2104(a) Except by court order for good cause, as provided in Section 2107, or when service of the preliminary declaration of disclosure is not required pursuant to Section 2110, in the time period set forth in subdivision (f), each party shall serve on the other party a preliminary declaration of disclosure, executed under penalty of perjury on a form prescribed by the Judicial Council. The commission of perjury on the preliminary declaration of disclosure may be grounds for setting aside the judgment, or any part or parts thereof, pursuant to Chapter 10 (commencing with Section 2120), in addition to any and all other remedies, civil or criminal, that otherwise are available under law for the commission of perjury. The preliminary declaration of disclosure shall include all tax returns filed by the declarant within the two years prior to the date that the party served the declaration.
(b)CA Family Law Code § 2104(b) The preliminary declaration of disclosure shall not be filed with the court, except on court order. However, the parties shall file proof of service of the preliminary declaration of disclosure with the court.
(c)CA Family Law Code § 2104(c) The preliminary declaration of disclosure shall set forth with sufficient particularity, that a person of reasonable and ordinary intelligence can ascertain, all of the following:
(1)CA Family Law Code § 2104(c)(1) The identity of all assets in which the declarant has or may have an interest and all liabilities for which the declarant is or may be liable, regardless of the characterization of the asset or liability as community, quasi-community, or separate.
(2)CA Family Law Code § 2104(c)(2) The declarant’s percentage of ownership in each asset and percentage of obligation for each liability when property is not solely owned by one or both of the parties. The preliminary declaration may also set forth the declarant’s characterization of each asset or liability.
(d)CA Family Law Code § 2104(d) A declarant may amend the preliminary declaration of disclosure without leave of the court. Proof of service of an amendment shall be filed with the court.
(e)CA Family Law Code § 2104(e) Along with the preliminary declaration of disclosure, each party shall provide the other party with a completed income and expense declaration unless an income and expense declaration has already been provided and is current and valid.
(f)CA Family Law Code § 2104(f) The petitioner shall serve the other party with the preliminary declaration of disclosure either concurrently with the petition for dissolution or legal separation, or within 60 days of filing the petition. When a petitioner serves the summons and petition by publication or posting pursuant to court order and the respondent files a response prior to a default judgment being entered, the petitioner shall serve the other party with the preliminary declaration of disclosure within 30 days of the response being filed. The respondent shall serve the other party with the preliminary declaration of disclosure either concurrently with the response to the petition, or within 60 days of filing the response. The time periods specified in this subdivision may be extended by written agreement of the parties or by court order.

Section § 2105

Explanation

In California, if you are settling property or financial support issues in a divorce, each spouse must typically exchange a final financial disclosure and a current income and expense declaration, either before agreeing on a settlement or at least 45 days before trial. This disclosure must be truthful, as lying under penalty of perjury can lead to the court overturning parts of the settlement. The disclosure should include all relevant information about what assets and debts you both have and how much money you each earn and spend. In some cases, both parties can agree to waive this requirement if they have already shared all financial details, and this waiver needs to be in writing and signed in court. If either party doesn't stick to these rules, it can affect the final divorce agreement.

(a)CA Family Law Code § 2105(a) Except by court order for good cause, before or at the time the parties enter into an agreement for the resolution of property or support issues other than pendente lite support, or, if the case goes to trial, no later than 45 days before the first assigned trial date, each party, or the attorney for the party in this matter, shall serve on the other party a final declaration of disclosure and a current income and expense declaration, executed under penalty of perjury on a form prescribed by the Judicial Council, unless the parties mutually waive the final declaration of disclosure. The commission of perjury on the final declaration of disclosure by a party may be grounds for setting aside the judgment, or any part or parts thereof, pursuant to Chapter 10 (commencing with Section 2120), in addition to any and all other remedies, civil or criminal, that otherwise are available under law for the commission of perjury.
(b)CA Family Law Code § 2105(b) The final declaration of disclosure shall include all of the following information:
(1)CA Family Law Code § 2105(b)(1) All material facts and information regarding the characterization of all assets and liabilities.
(2)CA Family Law Code § 2105(b)(2) All material facts and information regarding the valuation of all assets that are contended to be community property or in which it is contended the community has an interest.
(3)CA Family Law Code § 2105(b)(3) All material facts and information regarding the amounts of all obligations that are contended to be community obligations or for which it is contended the community has liability.
(4)CA Family Law Code § 2105(b)(4) All material facts and information regarding the earnings, accumulations, and expenses of each party that have been set forth in the income and expense declaration.
(c)CA Family Law Code § 2105(c) In making an order setting aside a judgment for failure to comply with this section, the court may limit the set aside to those portions of the judgment materially affected by the nondisclosure.
(d)CA Family Law Code § 2105(d) The parties may stipulate to a mutual waiver of the requirements of subdivision (a) concerning the final declaration of disclosure, by execution of a waiver under penalty of perjury entered into in open court or by separate stipulation. The waiver shall include all of the following representations:
(1)CA Family Law Code § 2105(d)(1) Both parties have complied with Section 2104 and the preliminary declarations of disclosure have been completed and exchanged.
(2)CA Family Law Code § 2105(d)(2) Both parties have completed and exchanged a current income and expense declaration, that includes all material facts and information regarding that party’s earnings, accumulations, and expenses.
(3)CA Family Law Code § 2105(d)(3) Both parties have fully complied with Section 2102 and have fully augmented the preliminary declarations of disclosure, including disclosure of all material facts and information regarding the characterization of all assets and liabilities, the valuation of all assets that are contended to be community property or in which it is contended the community has an interest, and the amounts of all obligations that are contended to be community obligations or for which it is contended the community has liability.
(4)CA Family Law Code § 2105(d)(4) The waiver is knowingly, intelligently, and voluntarily entered into by each of the parties.
(5)CA Family Law Code § 2105(d)(5) Each party understands that this waiver does not limit the legal disclosure obligations of the parties, but rather is a statement under penalty of perjury that those obligations have been fulfilled. Each party further understands that noncompliance with those obligations will result in the court setting aside the judgment.

Section § 2106

Explanation

Before a court can make a decision about dividing property in a divorce, both parties must provide and exchange important financial information. This includes a final declaration of disclosure and a current income and expense declaration. Each party must confirm under oath that they shared these documents with the other party, unless there is a valid reason not to, as allowed by other specific rules.

Except as provided in subdivision (d) of Section 2105, Section 2110, or absent good cause as provided in Section 2107, judgment shall not be entered with respect to the parties’ property rights without each party, or the attorney for that party in this matter, having executed and served a copy of the final declaration of disclosure and current income and expense declaration. Each party, or the party’s attorney, shall execute and file with the court a declaration signed under penalty of perjury stating that service of the final declaration of disclosure and current income and expense declaration was made on the other party or that service of the final declaration of disclosure has been waived pursuant to subdivision (d) of Section 2105 or in Section 2110.

Section § 2107

Explanation

This section deals with what happens if a party doesn't share necessary financial information during divorce proceedings, known as declarations of disclosure. If one party doesn't comply, the other can ask for a detailed disclosure. If still noncompliant, the court may enforce actions such as forcing a response, preventing the noncompliant party from presenting evidence, or allowing the compliant party to waive the right to receive the disclosure. If the noncompliant behavior persists, the court can impose financial penalties. Courts can also overturn a judgment if disclosure rules aren't followed unless certain exceptions such as fraud or perjury occurred. In the event of a judgment being reconsidered, parties might be asked to share their financial disclosures, but these are not to be filed with the court unless ordered otherwise.

(a)CA Family Law Code § 2107(a) If one party fails to serve on the other party a preliminary declaration of disclosure under Section 2104, unless that party is not required to serve a preliminary declaration of disclosure pursuant to Section 2110, or a final declaration of disclosure under Section 2105, or fails to provide the information required in the respective declarations with sufficient particularity, and if the other party has served the respective declaration of disclosure on the noncomplying party, the complying party may, within a reasonable time, request preparation of the appropriate declaration of disclosure or further particularity.
(b)CA Family Law Code § 2107(b) If the noncomplying party fails to comply with a request under subdivision (a), the complying party may do one or more of the following:
(1)CA Family Law Code § 2107(b)(1) File a motion to compel a further response.
(2)CA Family Law Code § 2107(b)(2) File a motion for an order preventing the noncomplying party from presenting evidence on issues that should have been covered in the declaration of disclosure.
(3)CA Family Law Code § 2107(b)(3) File a motion showing good cause for the court to grant the complying party’s voluntary waiver of receipt of the noncomplying party’s preliminary declaration of disclosure pursuant to Section 2104 or final declaration of disclosure pursuant to Section 2105. The voluntary waiver does not affect the rights enumerated in subdivision (d).
(c)CA Family Law Code § 2107(c) If a party fails to comply with any provision of this chapter, the court shall, in addition to any other remedy provided by law, impose money sanctions against the noncomplying party. Sanctions shall be in an amount sufficient to deter repetition of the conduct or comparable conduct, and shall include reasonable attorney’s fees, costs incurred, or both, unless the court finds that the noncomplying party acted with substantial justification or that other circumstances make the imposition of the sanction unjust.
(d)CA Family Law Code § 2107(d) Except as otherwise provided in this subdivision, if a court enters a judgment when the parties have failed to comply with all disclosure requirements of this chapter, the court shall set aside the judgment. The failure to comply with the disclosure requirements does not constitute harmless error. If the court granted the complying party’s voluntary waiver of receipt of the noncomplying party’s preliminary declaration of disclosure pursuant to paragraph (3) of subdivision (b), the court shall set aside the judgment only at the request of the complying party, unless the motion to set aside the judgment is based on one of the following:
(1)CA Family Law Code § 2107(d)(1) Actual fraud if the defrauded party was kept in ignorance or in some other manner was fraudulently prevented from fully participating in the proceeding.
(2)CA Family Law Code § 2107(d)(2) Perjury, as defined in Section 118 of the Penal Code, in the preliminary or final declaration of disclosure, in the waiver of the final declaration of disclosure, or in the current income and expense statement.
(e)CA Family Law Code § 2107(e) Upon the motion to set aside judgment, the court may order the parties to provide the preliminary and final declarations of disclosure that were exchanged between them. Absent a court order to the contrary, the disclosure declarations shall not be filed with the court and shall be returned to the parties.

Section § 2108

Explanation
This law allows a court to sell off shared assets during a legal proceeding if there's a good reason to reduce the risk of losing money, but only if the party asking for the sale has shared the necessary financial information as required.
At any time during the proceeding, the court has the authority, on application of a party and for good cause, to order the liquidation of community or quasi-community assets so as to avoid unreasonable market or investment risks, given the relative nature, scope, and extent of the community estate. However, in no event shall the court grant the application unless, as provided in this chapter, the appropriate declaration of disclosure has been served by the moving party.

Section § 2109

Explanation

If you're going through a summary dissolution of marriage, you don't need to file a final declaration of disclosure, but you still have to file an initial or preliminary one.

The provisions of this chapter requiring a final declaration of disclosure do not apply to a summary dissolution of marriage, but a preliminary declaration of disclosure is required.

Section § 2110

Explanation

If someone who filed for a divorce gets a default judgment—which happens when the other party doesn't respond—the person who filed isn't required to share or receive detailed financial disclosures at the end of the case. But, they still need to provide an initial financial disclosure, unless the paperwork was served in a special way, like posting it publicly because the other person couldn't be found and didn't respond.

In the case of a default judgment, the petitioner may waive the final declaration of disclosure requirements provided in this chapter, and shall not be required to serve a final declaration of disclosure on the respondent nor receive a final declaration of disclosure from the respondent. However, a preliminary declaration of disclosure by the petitioner is required unless the petitioner served the summons and petition by publication or posting pursuant to court order and the respondent has defaulted.

Section § 2111

Explanation
This law section states that even though certain information must be disclosed, it doesn't cancel out the special protection for an attorney's work or stop the court from making orders to keep information private.
A disclosure required by this chapter does not abrogate the attorney work product privilege or impede the power of the court to issue protective orders.

Section § 2112

Explanation

This law requires the Judicial Council to create and update forms to make sure the goals of this chapter are met.

The Judicial Council shall adopt appropriate forms and modify existing forms to effectuate the purposes of this chapter.

Section § 2113

Explanation

This rule is about when certain legal procedures start to be covered by a specific set of guidelines. It says that any legal action begun on or after January 1, 1993, has to follow these guidelines.

This chapter applies to any proceeding commenced on or after January 1, 1993.