First, keep in mind that the mandatory Preliminary Disclosures (Step 2 in our process) are only required to be exchanged by both parties if they are signing a Marital Settlement Agreement or the matter goes to a full trial. If the other spouse does not file a formal Response to the Petition AND a Marital Settlement Agreement is not being signed, the case can go ahead without the non-filing spouse completing this step. On the other hand, the Petitioner always must complete the preliminary disclosures. The final disclosures can be mutually waived by both parties if they are signing a Marital Settlement Agreement. The final disclosures can also be waived by the Petitioner if the matter is proceeding by default without a Marital Settlement agreement.
What happens if my spouse refuses to complete the Disclosures?
About the Author: Sandy McCarthy
Sandra M. McCarthy, founder of A People’s Choice, has worked exclusively in the legal field since 1976. She served as the 2004-2005 President of CALDA (California Association of Legal Document Assistants). She obtained a Paralegal Certificate from the University of California, Santa Barbara. During her career in the legal field, she has worked as a freelance paralegal, law office manager and paralegal studies teacher, and has co-authored numerous legal publications and written hundreds of self-help legal articles. Sandy is dedicated to the expansion of affordable, low-cost, self-help document preparation.