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What Is Disclosure in Divorce?

by Eric J. Proos on Sep. 11, 2017

Divorce & Family Law Divorce Divorce & Family Law 

Summary: What Is Disclosure in Divorce?

FORMAL AND INFORMAL DEMANDS FOR PRELIMINARY DECLARATIONS OF DISCLOSURE DURING A DIVORCE

So, you have decided that you want to get a divorce. So what is disclosure in divorce?

You have filed your petition and summons, and your ex has been served.  Your ex does not respond to the petition, but you do not want to file for default or negotiate a settlement because he/she has started two businesses since you were married and you are unsure on the value of the companies.

 Disclosure in Divorce

What can you do?  If they do not want to disclose the information, as prescribed by law, you may be thinking that is it, I will never know the value of the businesses.

What Is Disclosure in Divorce? Ask a Beverly Hills family law attorney today! Book your free consultation by calling +1 844-618-8080 (toll free) or texting 778—676—3808 after hours. We offer flat fee billing options.

WHAT IS DISCLOSURE IN DIVORCE?

Whether you are in Malibu, Beverly Hills, or Pasadena we can help get you the information you need, and are legally entitled to, to proceed with your divorce.  There are two methods we like to use at Hart Legal: formal and informal.

Related: What Are the Consequences Of Hiding Assets During Divorce?

To decide which method to use we need to have a detailed conversation with the client and determine how each strategy will affect the case.  One way of getting the information is through a Formal Demand for Preliminary Declaration of Disclosure.

This is issued to the opposing party directly.  If the party does not respond then we are able to file a motion in court to compel the opposing party to provide the information, we can also seek sanctions for forcing us to involve the court.

This is the best route with a really stubborn ex or someone looking to avoid any accountability.

The second route is an informal demand.  We can simply inform the opposing party of the legal obligation to provide financial information through a letter.

In the letter, we illustrate the possible avenues our client has to take, what the law states, and what the law provides as remedies if the opposing party does not abide by the law.  The informal demand is sometimes followed by a formal demand.

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