I’m assuming that if you clicked on this article, you are either contemplating divorce or are about to start going through one. You are trying to figure out how to jump into your divorce one step ahead. Well, luckily for you, we have the answer: start preparing early for the preliminary declaration of disclosure (PDOD) process.
In this article, we will walk you through what the PDOD process is and what information you should start gathering now to get a head start on your divorce.
California law requires that both parties in a divorce fully and accurately disclose all their income, expenses, assets, and debts at the beginning and end stages of the process. The first disclosure you make to the other party is called your “preliminary declaration of disclosure,” otherwise known as a PDOD. If you have retained an attorney, they will have you start the PDOD almost immediately after you begin your divorce.
A PDOD typically consists of three documents: a declaration of disclosure cover sheet, a schedule of assets and debts, and an income and expense declaration. The declaration of disclosure cover sheet has you check boxes of all the documents you have attached. The schedule of assets and debts is a worksheet that has you list out, you guessed it, all your assets and debts. The income and expense declaration is another worksheet that asks you to identify all sources of income and where it goes. The PDOD forms also require parties to attach supporting documents. There are specific procedures for serving your PDOD on the other party. Please consult your local court’s website or an attorney for more information.
Filling out all the forms for the PDOD can be overwhelming and exhausting. You want to start gathering the information early so you aren’t scrambling once the proceedings start. We have prepared a list of the most important information you should start gathering now, listed below:
Something important to keep in mind is your date of separation. Your date of separation is the day you expressed your intent to no longer be married and began to act accordingly. For some, that day will be the day you file for divorce. For others, it may be when they moved out of the marital home or explicitly told their spouse they no longer want to be married.
For example: John and Amy are married. Amy moves out of the marital home on December 1st and she no longer calls John her husband. On December 31st, she files for divorce. Her date of separation will likely be December 1st, because that is the day she moved out and no longer held John out as her husband, expressing her intent to not stay in the marriage. (Note: Your date of separation can become a highly complex issue if you and your spouse do not agree on when the “express intent” was. Consult a San Diego family law attorney if you need more help.)
If your date of separation is different than the time you are preparing to file for divorce, you will want to obtain documentation of all assets that reflect the current value and the date of separation value. In addition, if you believe you have any separate property claims because you received a gift, inheritance, or owned something prior to marriage, you will need to begin gathering all supporting documentation regarding those claims.
Continued example from above: Amy is beginning to gather documents for her PDOD on January 1st. She has a 401(k) account. She needs to get a statement showing the value of her 401(k) account from her date of separation (December 1st) and a statement showing the current value (January 1st). If Amy had that retirement account upon her date of marriage, she would also want a statement showing the date of marriage value to support her separate property claim.
If you can start gathering the documents and information listed above, you will step into your divorce one step ahead. Plus, your attorney will be very impressed.
Remember, the PDOD process is a full disclosure of everything you own. Even if you believe something is 100% yours, you still need to disclose it. Additionally, make a note if you can’t find a piece of information listed above. For example, if you cannot find a loan document because your partner handled the paperwork for it, that is okay! Just make a note of it so when your attorney asks you about the loan document, you can say that your partner has it, but you do not have access to it.
As always, if you have questions or need assistance with your case, consult an experienced family law attorney.
Here at Cage & Miles, we have a dedicated team of San Diego attorneys who can help walk you through your divorce.
Contact our office today to schedule a free consultation!