General ProvisionsDisclosure of Assets and Liabilities
Section § 2100
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.
Section § 2101
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.
Section § 2102
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.
Section § 2103
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.
Section § 2104
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.
Section § 2105
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.
Section § 2106
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.
Section § 2107
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.
Section § 2108
Section § 2109
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.
Section § 2110
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.
Section § 2111
Section § 2112
This law requires the Judicial Council to create and update forms to make sure the goals of this chapter are met.
Section § 2113
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.