Bill Text: CA AB1406 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Dissolution of marriage: proceedings.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2012-07-13 - Chaptered by Secretary of State - Chapter 107, Statutes of 2012. [AB1406 Detail]

Download: California-2011-AB1406-Introduced.html

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BILL NUMBER: AB 1406	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Judiciary (Feuer (Chair), Atkins,
Dickinson, Huber, Huffman, Monning, and Wieckowski)

                        MARCH 7, 2011

   An act to amend Section 2104 of the Family Code, relating to
dissolution of marriage.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1406, as introduced, Committee on Judiciary. Dissolution of
marriage: disclosure.
   Existing law requires each party to a proceeding for dissolution
or nullity of marriage or legal separation of the parties to serve on
the other party a preliminary declaration of disclosure of assets,
as specified, after or concurrently with service of the petition for
dissolution.
   This bill instead would require the petitioner to serve the
preliminary declaration of disclosure either concurrently with the
petition for dissolution or within 60 days of filing the petition,
and would require the respondent to 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 bill also would require the preliminary declaration of disclosure
of assets to include all tax returns filed by the declarant within
the 2 years prior to the date that the party served the declaration.

   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,  after or concurrently with service of the
petition for dissolution or nullity of marriage or legal separation
of the parties   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, 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.