Section 2104 Of Chapter 9. Disclosure Of Assets And Liabilities From California Family Law Code >> Division 6. >> Part 1. >> Chapter 9.
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) 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 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) 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.
(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.