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Posted on April 10, 2016 in Disclosure,Discovery,Divorce,Family Law

The best San Diego divorce lawyers are well versed in California laws concerning financial disclosure and discovery. As part of every divorce case, each party must complete financial disclosures before property is assigned and divided. The moving party (Petitioner) in a San Diego divorce case must serve a Preliminary Declaration of Disclosure that is in compliance with Family Code Section 2104[1]. California laws provide steep penalties for those who fail to disclose property.

Recently the Los Angeles Times and the San Diego Union Tribune published an article about the use of corporate business entities to conceal property. The author explains that people may set up business entities in states such as California and Nevada, and attempt to conceal the actual owner of property by the manner in which the business entity is established. However, the article also notes that there are incidents where people who tried to hide property behind a corporate entity have been uncovered.

In the context of a San Diego divorce case, this highlights the importance of adequate financial disclosure and discovery. Disclosure, as mentioned earlier, is a mandatory part of every California divorce case. Property held by a business entity must be properly disclosed to the other party. People going through a divorce case have a continuing duty to update their financial disclosure. Those who fail to provide adequate financial disclosure may be sanctioned[2].

Additionally, San Diego divorce lawyers use discovery procedures to make sure that all property and income has been disclosed. Discovery may include the use of document requests, written interrogatories, subpoenas, depositions, requests for admission, and other methods made available through the Code of Civil Procedure. Each San Diego divorce case is unique and may require more or less financial discovery. The best way to learn more about these issues is by consulting with a Certified Family Law Specialist attorney.

Scott Family Law, CFLS, is a veteran San Diego divorce lawyer and Certified Family Law Specialist. Mr. Scott has been practicing in San Diego County since 1981. Attorney Scott Family Law has more than 34 years of experience litigating financial disclosure and discovery issues in San Diego divorce cases. Please contact our office at 858-974-4900 to make a consultation appointment with Mr. Scott.

[1] (c) The preliminary declaration of disclosure shall set forth with sufficient particularity, that a person of reasonable and ordinary intelligence can ascertain, all of the following:(1) The identity of all assets in which the declarant has or may have an interest and all liabilities for which the declarant is or may be liable, regardless of the characterization of the asset or liability as community, quasi-community, or separate.(2) The declarant’s percentage of ownership in each asset and percentage of obligation for each liability when property is not solely owned by one or both of the parties. The preliminary declaration may also set forth the declarant’s characterization of each asset or liability.

Fam. Code, § 2104.

[2] In re Marriage of Feldman (2007) 153 Cal.App.4th 1470, 1484.