QUESTION
If my husband's attorney served me with divorce papers when I already served him before, do we have to redo the financial disclosure?
Asked on Mar 08th, 2013 on Divorce - California
More details to this question:
I served my husband with a request for separation in June. We went to court for child support and spousal support in July. He served me with only his financial disclosure. He now has retained a lawyer who served me with a response asking for a divorce, do we have to redo our disclosures?
7 ANSWERS
John Arthur Smitten
Yes you have to redo the financial discovery.
Answered on Mar 11th, 2013 at 8:34 PM
Criminal Law Attorney serving Sacramento, CA
at
Alison Elle Aleman
Update Your Profile
If the filings are both part of the same court case number, than the prior financial declarations are sufficient so long as they are still accurate. They need to be re-filed with the Court when the financial information changes for either party.
Answered on Mar 11th, 2013 at 8:23 PM
Family Law Attorney serving Rolling Hills Estates, CA
at
John H. Sibbison, III Professional Law Corporation
Update Your Profile
Your fact pattern does not indicate whether you previously served your husband with your disclosure forms. In California, you must serve at least a preliminary Declaration of Disclosure and also a Final if the other party will not waive the Final.
Answered on Mar 08th, 2013 at 11:23 PM
You should not have to, but there is some question as to whether the response is sufficient to convert the matter to dissolution. You should consult a family law attorney or facilitator to review all of the paperwork and advise you.
Answered on Mar 08th, 2013 at 8:17 PM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
If he has an attorney, you should get one also. The financial papers are probably filed under the same case number, so you do not have to do them again until later in the case unless something changes, e.g. job loss, inheritance received, etc. You are supposed to update them if things change. There is at least a preliminary set and a final set. The final can be waived.
Answered on Mar 08th, 2013 at 2:54 PM
This new attorney may not have the disclosures that you previously submitted. Just as if you were to retain our office and could not find the disclosure statements previously submitted, although you are aware of what was reported within the statement, I would want to see for myself, in order to adequately protect your rights; or if there has been a lapse in time, I would request an updated disclosure statement as your husband may have received a raise, or come into some money that you were not aware of.
Answered on Mar 08th, 2013 at 2:54 PM
No. .
Answered on Mar 08th, 2013 at 2:53 PM