When going through a divorce or legal separation in California, both spouses are required to fully disclose their financial information. These Declarations of Disclosure are one of the most important parts of a family law case because they ensure transparency when dividing property and determining support. If one party fails to comply, it can delay the case and lead to serious legal consequences.

What Are Declarations of Disclosure?

Declarations of Disclosure are formal documents that provide a complete picture of each spouse’s finances. They typically include information about income, expenses, assets, and debts. These disclosures help ensure that both parties—and the court—have accurate information when making decisions about property division, child support, and spousal support.

There are two main types:

• Preliminary Declaration of Disclosure (served early in the case)
• Final Declaration of Disclosure (served before judgment, unless properly waived)

A legal team typically prepares these documents on behalf of their client to ensure accuracy and compliance with California law.

Why Disclosure Is So Important

California law requires both parties to exchange financial disclosures to promote fairness and prevent hidden assets or incomplete information. Without proper disclosures, the court cannot confidently divide property or determine appropriate support amounts.

Because of this, failure to serve these documents can stop a case from moving forward.

How Failure to Disclose Affects Your Case

If one party does not serve their required disclosures, the court may delay or refuse to enter judgment, especially when it comes to property division. In most cases, the court will not finalize a divorce until both parties have properly exchanged their financial information, unless a valid waiver applies.

This requirement applies even in cases where the parties have reached an agreement or are proceeding without a trial. Simply put, full disclosure is a necessary step before a case can be completed.

Options When the Other Party Does Not Comply

If one spouse fails to provide their disclosures, the other (complying) party has several legal options.

The first step is usually a written request for compliance, asking the other party to provide the required documents by a specific deadline. This “meet and confer” approach often resolves the issue without court involvement.

If the other party still does not comply, the legal team may take further action, including:

• Filing a motion to compel the other party to provide the missing information
• Requesting court orders that prevent the noncomplying party from presenting certain evidence
• Seeking permission to move forward without receiving the other party’s disclosures in limited circumstances

In most cases, filing a motion to compel is the most practical and effective next step.

Monetary Sanctions for Noncompliance

California courts take disclosure obligations seriously. If a party fails to comply, the court is generally required to impose monetary sanctions. These sanctions may include payment of the other party’s attorney’s fees and costs.

Importantly, the court can impose sanctions even if the other party has not suffered direct financial harm. The goal is to discourage noncompliance and ensure fairness in the legal process.

Additional sanctions may also be available if the noncompliance interferes with settlement or reflects bad faith conduct.

Can a Judgment Be Set Aside?

Yes. If a divorce judgment is entered without proper disclosure, the court may set aside (cancel) all or part of the judgment. This means the case may need to be reopened, which can result in additional time, expense, and uncertainty for both parties.

Before filing a motion to set aside a judgment, it is often advisable for a legal team to request that the other party agree to correct the issue voluntarily. If that does not resolve the problem, a formal motion can be filed with the court.

Why Compliance Matters

Failing to provide required financial disclosures can significantly delay your case, increase legal costs, and expose you to penalties. On the other hand, properly completing and serving disclosures helps move your case forward and protects your rights.

Because these documents play such a critical role in property division and support, they must be handled carefully and accurately.

Take the Next Step

If you are involved in a California divorce or legal separation, ensuring proper financial disclosure is essential. Whether you need help preparing your own disclosures or addressing a situation where the other party is not cooperating, working with an experienced family law attorney can help protect your interests and keep your case on track.