If I have heard it once, I have heard it one hundred times, “Do I really have to fill out my Schedule of Assets and Debts?” Another tactic people love to do to avoid their Declaration of Disclosure is to turn in their paperwork with the Schedule of Assets and Debts Blank. I know it is a nightmare. When I think about it, it would be a nightmare for me if I had to fill out that form. However, it MUST be filled out and served on the other party or you cannot proceed with your divorce. There is no getting around your Declaration of Disclosure
What is a Declaration of Disclosure anyway?
A Declaration of Disclosure is comprise of three parts….there is a final proof of service but we don’t need to consider that, just yet. The Declaration of Disclosure is comprised of:
- Income and Expense Declaration – If you have an easy peasy divorce, this may be the only one you fill out. If you have a complex, protracted case you will fill out many, many Income and Expense Declaration. They are only good for 30 days. So if you are going to court about a monetary issue, you will probably need a new one…EVERY time.
- Schedule of Assets and Debts – This is the document in the Declaration of Disclosure that gets people down. It is four little pages that cause oh so much trouble. You have to list ALL your assets, whether they are separate property or community property, and ALL your debts. Then, you have to provide the latest statement. It is all very ugly. It requires digging through file cabinets and lots of copying.
- Declaration of Disclosure – This is just the cover page. It is the easiest part of the process and requires no headache whatsoever.
Final Piece of the Declaration of Disclosure puzzle.
- 4. Declaration Regarding Service of the Declaration of Disclosure – The best part of all of this Declaration of Disclosure stuff is that the Schedule of Assets and Debts isn’t even filed in court. It is only served on your soon to be ex-spouse. However, to show the court that you indeed served them all this paperwork, you do have to file this form where you swear, under the penalty of perjury, that you gave up the goods.
You know you need help when you don’t even want to fill out the forms…when you look at them and they are a nightmare. Attorneys, like those at the Edmunds Law Firm, will clarify your declaration of disclosure and stay on top of you to make sure you fill out those tedious forms. Call the Edmunds Law Firm today!