Both you and your spouse must fill out Preliminary Declaration of Disclosure documents. We are assuming you have completed your Preliminary Declaration of Disclosure documents. Now, your spouse also has to fill out his or her own Preliminary Declaration of Disclosure documents and give you copies. It is a mutual requirement. The court wants to know that each party has provided the other party with a full disclosure of assets, debts, and income before the court will approve any settlement and issue a judgment.
Your spouse can use this website to fill out their own disclosure documents (i.e., FL-140; Fl-142; FL-150; and FL-141). They will of course be the “Respondent” instead of the “Petitioner” when they fill out their disclosure documents.
If you want to make the process easy for your spouse or if you think they may not be motivated enough to do their own forms, you may want to fill out the forms for him or her (assuming you have the necessary information to complete the forms on behalf of your spouse). If you have all the information about assets and debts, it is fairly simple to take your Schedule of Assets & Debts and switch the names so it becomes a Schedule of Assets & Debts for your spouse to sign. You can also switch the names on the FL-140 and the FL-141 and check a few different boxes. However, you can’t just flip the names on the FL-150 (Income & Expense Declaration) because that form requires information unique to your spouse (i.e., information about your spouse’s employment, education, etc.).
If your case is going to be a “true default” case where your spouse is not cooperating with you at all and basically ignoring the entire court process, then your spouse obviously is not going to be filling out their own Preliminary Declaration of Disclosure. In a “true default” case, only the Petitioner fills out a Preliminary Declaration of Disclosure.
