Legal Question in Family Law in California
Divorcing. Filed 3/14/13. I submitted all required paperwork, including declaration of assets/liabilities. According to law my husband must respond to the declaration by 6/14/13. If he does not does he forfeit his right to a later property settlement? We have been married 10 years, no co-mingling of money, I own property (before marriage). He owns little, has adequate income.
1 Answer from Attorneys
I assume you are referring to the Preliminary Declaration of Disclosure. He does not automatically forfeit his right, in the manner that you state.
If he fails to serve you with his preliminary declaration of disclosure (PDD), you have to file a notice of motion (or RFO application) pursuant to Family Code section 2107 asking that the court order him to serve his PDD and file the proof of service within a given number of days, not usually exceeding thirty. That motion should request an order that his Response be stricken if they then fail to do so in a timely manner, so that your matter may effectively proceed by default hearing.
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