Legal Question in Family Law in California
Can a judgement be given in my CA divorce if a Schedule of Assets and Debts was not filed or presented to the judge at the settlement conference? My spouse signed a final dissolution waiver but he never submitted a preliminary to me or the courts at the hearing.
1 Answer from Attorneys
A preliminary declaration of disclosure, which includes a Schedule of Assets and Debts) is mandatory, before a judgment of dissolution will be entered. If the case proceeds to trial, there is another set of disclosures, but this final declaration of disclosure may be waived, by the agreement of the parties.
There is no particular requirement for the disclosures to be presented to the judge at the settlement conference, but a court would certainly need to have the financial information, if a disputed dissolution is to be settled.
If you have requested the disclosures, but your spouse has not produced them, you can make a motion to compel their production.