California’s FL-140 Form: Declaration of Disclosure

Divorce is rarely straightforward, and the paperwork that comes with it can quickly become overwhelming. Knowing which forms are required—and why—can make the process smoother. In California, one key document is Form FL-140, known as the Declaration of Disclosure.

Whether you’re navigating this process yourself or supporting clients as a family lawyer, this guide will help you understand Form FL-140’s purpose, the steps to complete it, and common mistakes to avoid.

What is Form FL-140?

Form FL-140, the Declaration of Disclosure, is the starting point for financial transparency between spouses or domestic partners. It acts as a cover sheet for disclosures like assets, debts, income, and expenses. 

FL-140 is mandatory in all California divorces, whether they’re contested or uncontested. It ensures both spouses provide full financial disclosures before any decisions are made about property division, support, or debts.

The form is signed under penalty of perjury, which confirms that financial disclosures are complete and accurate. Alongside FL-140, you’ll also need to submit two supporting forms: the Income and Expense Declaration (FL-150) and the Schedule of Assets and Debts (FL-142).

Form FL-140 must be filed within 60 days of the divorce petition being filed by the petitioner. The spouse who has been served also has 60 days to respond to it.

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What information is required for Form FL-140?

Form FL-140 ensures transparency during divorce proceedings and lays the foundation for fair decisions. Below are key details required when completing the form.

Income and expense declaration

The Income and Expense Declaration (Form FL-150) provides a detailed overview of what your clients earn and spend. Its purpose is to ensure that support arrangements are fair and accurately reflect their  financial situation. This includes items such as:

• Salary or wages
• Self-employment income
• Investment income
• Rental income
• Government benefits (e.g., Social Security or disability)

Additionally, monthly expenses must be itemized, such as:

• Housing costs (e.g., rent or mortgage)
• Utilities
• Transportation
• Childcare

Schedule of assets and debts

The Schedule of Assets and Debts (Form FL-142) outlines what your clients own and owe. Do they have a savings account with a $10,000 balance, for instance? List it. Are they still paying off a $15,000 car loan? Include that, too. 

Here are some more examples of items to disclose:

• Real estate properties
• Bank accounts
• Vehicles
• Personal property (e.g., furniture, jewelry)
• Loans and credit card debt

When completing this form, it’s important to put the date it was acquired, as well as the current value of each asset and the outstanding balance of each debt. The more specific you are, the better. Disclosing all assets and debts—big or small—ensures fairness during property division.  

Tax returns

Parties must attach their most recent two years of tax returns to Form FL-140. This provides a comprehensive view of income sources and financial history. Tax returns are a critical component of the disclosure process because they help validate the information provided in FL-150 and FL-142.

Additional disclosures

Depending on the case, additional financial disclosures may be required. These could include business valuations, investment account statements, or documentation of other significant financial interests.

Accuracy is important

The form’s declaration is made under penalty of perjury, meaning any intentional misrepresentation or omission could result in significant consequences. Beyond the legal stakes, transparency is key to avoiding future complications. Consider these scenarios to watch out for:

• Hidden assets: Failing to disclose assets, like an inheritance from a relative or a bonus, could cause legal headaches down the line.
• Future changes: If your client unexpectedly receives a $50,000 settlement from a lawsuit or a significant increase in stock value, it’s critical to update disclosures promptly to ensure that both parties have accurate financial information.

Lawyers should emphasize the importance of honesty to their clients. Thorough and accurate disclosures not only build trust between parties but also minimizes the risk of a lengthy legal process.

How to fill out FL-140

Let’s walk through the step-by-step process of completing FL-140 (you can find the form above):

1. Header information: At the top of the form, fill in the court’s name, address, and the case number. Include contact details, such as your phone number and email.
2. Petitioner and respondent information: Clearly state the names of both parties involved in the divorce. The petitioner is the person who initiates the divorce process, while the respondent is the other spouse who responds to the petition.
3. Declaration of disclosure: Indicate whether this is a preliminary or final declaration. Preliminary disclosures are filed early in the case, while final disclosures are filed before the judgment is entered. While the preliminary disclosure is mandatory, the final can be waived if both parties agree.
4. Supporting documents: In this section, you’ll mark the relevant supporting documents:
   • Check the box for the Income and Expense Declaration (FL-150).
   • Check the box for the Schedule of Assets and Debts (FL-142).
   • If tax returns are attached, check the corresponding box.
5. Additional information: If applicable, include any other significant financial details. This might include information on business valuations or investment opportunities.
6. Signature: The party completing the form must sign and date it, affirming the truth and accuracy of the disclosures.

After completing the form, make a copy for yourself. Mail the form to the respondent along with the supporting documents. You don’t need to file these documents with the court, but you do need to file a Proof of Service (Form FL-141) to confirm that the documents have been served. Learn about how technology can help overcome common challenges during the e-filing process.

Once these steps are completed, wait to receive the Preliminary Declaration of Disclosure from the other party. This should be provided within 60 days.

Common mistakes to avoid for Form FL-140

Accurately completing FL-140 is critical, but mistakes do happen. Some of the most frequent errors can create delays, lead to disputes, or even result in penalties. These are common ones to watch out for:

• Skipping attachments: One of the most frequent errors is forgetting to attach supporting documents, such as the Income and Expense Declaration (FL-150), Schedule of Assets and Debts (FL-142), or recent tax returns. 
• Incomplete information: Omitting assets, debts, or income can create significant issues. Undisclosed financial information may reopen negotiations and lead to penalties.
• Failing to update financial information: Divorce cases can span months or even years, and financial circumstances often change during that time. Failing to update disclosures to reflect current information can undermine the process and lead to disputes.
• Overlooking minor assets or debts: Clients sometimes assume that smaller assets or liabilities don’t need to be included. Yet, California’s community property laws require full disclosure of all assets and debts—no matter of size. 

Why FL-140 is so important

FL-140’s primary purpose is to facilitate transparency between spouses. By declaring all assets, debts, income, and expenses, both parties have the information they need to negotiate fairly. This transparency helps many aspects of the divorce process:

• Property division: Ensures equitable division of community property and debts.
• Support determinations: Helps the court establish appropriate child or spousal support.
• Legal integrity: Protects parties from future claims of nondisclosure or fraud.

Thorough financial disclosures also streamline the discovery process, reducing the likelihood of disputes and ensuring a smoother path to resolution.

Form FL-140: Final thoughts

FL-140 may seem like just another piece of legal paperwork, but it’s an incredibly important one in the divorce process. By approaching it with care and attention, you’ll set the stage for a smoother resolution.

Categorized in: California Legal Forms