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225 South Civic Drive Suite 1-3 Palm Springs, CA 92262

CALIFORNIA CODES

CALIFORNIA FAMILY CODE

Division 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION

Part 1. GENERAL PROVISIONS

Chapter 9. DISCLOSURE OF ASSETS AND LIABILITIES

Current through 2010

§ 2104.

(a) Except by court order for good cause, as provided in Section 2107, after or concurrently with service of the petition for dissolution or nullity of marriage or legal separation of the parties, 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.

(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) 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) 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) The declarant's percentage of ownership in each asset and percentage of obligation for each liability where 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) A declarant may amend his or her preliminary declaration of disclosure without leave of the court. Proof of service of any amendment shall be filed with the court.

(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.

History. Amended by Stats 2009 ch 110 (AB 459), s 1, eff. 1/1/2010.


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Address: 225 South Civic Drive   Suite 1-3   Palm Springs, CA 92262   Phone: (760) 320-7915   Fax: (760) 320-0725

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