BILL NUMBER: AB 1407	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Atkins

                        FEBRUARY 27, 2015

   An act to amend Section 2104 of the Family Code, relating to
family law.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1407, as introduced, Atkins. Family law: dissolution:
declaration of disclosure.
   Existing law requires each party to a proceeding for dissolution
of marriage or legal separation of the parties to serve on the other
party a preliminary declaration of disclosure of assets, as
specified, either concurrently with the petition for dissolution, or
within 60 days of filing the petition.
   This bill would clarify that the petitioner is required to serve
the preliminary declaration of disclosure either concurrently with
the petition for dissolution or legal separation or within 60 days of
filing the petition.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2104 of the Family Code is amended to read:
   2104.  (a) Except by court order for good cause, as provided in
Section 2107, in the time period set forth in subdivision (f), each
party shall serve on the other party a preliminary declaration of
disclosure, executed under penalty of perjury on a form prescribed by
the Judicial Council. The commission of perjury on the preliminary
declaration of disclosure may be grounds for setting aside the
judgment, or any part or parts thereof, pursuant to Chapter 10
(commencing with Section 2120), in addition to any and all other
remedies, civil or criminal, that otherwise are available under law
for the commission of perjury. The preliminary declaration of
disclosure shall include all tax returns filed by the declarant
within the two years prior to the date that the party served the
declaration.
   (b) The preliminary declaration of disclosure shall not be filed
with the court, except on court order. However, the parties shall
file proof of service of the preliminary declaration of disclosure
with the court.
   (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 where 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.
   (d) A declarant may amend his or her preliminary declaration of
disclosure without leave of the court. Proof of service of any
amendment shall be filed with the court.
   (e) Along with the preliminary declaration of disclosure, each
party shall provide the other party with a completed income and
expense declaration unless an income and expense declaration has
already been provided and is current and valid.
   (f) The petitioner shall serve the other party with the
preliminary declaration of disclosure either concurrently with the
petition for  dissolution,   dissolution or
legal separation,  or within 60 days of filing the petition. The
respondent shall serve the other party with the preliminary
declaration of disclosure either concurrently with the response to
the petition, or within 60 days of filing the response. The time
periods specified in this subdivision may be extended by written
agreement of the parties or by court order.