There are many court documents, or pleadings, involved in a divorce case. Some of the most important pleadings in a divorce case are declarations. A declaration is a written statement submitted by a party who can speak to the facts and circumstances of the case. Declarations must be sworn to be true and correct, and must signed under penalty of perjury.
Because what is said in the declaration is taken as fact, they are considered heavily. On a basic level, a declaration provides the judge with information about the case that will help him or her make a decision on the case. Often, a responding party to a motion submits a declaration that explains his or her stance in relation to the motion.
Declarations are particularly important because in a divorce hearing, the parties are usually not given much time to speak in court with which they could make a proclamation on the facts and circumstances relevant to the motion. The submittal of a declaration in advance provides the petitioner and respondent sufficient space to thoroughly explain the reasoning for their motion or their response to the motion.
However, family law declarations are not the space to speak at lengths about the history of your relationship or about all the faults in your spouse. Accordingly, declarations are governed by rules of the court, which limit the length, format and content of a declaration. Usually, a responsive declaration is limited to ten pages, while a reply declaration is limited to five pages.
Occasionally, expert witnesses or special circumstances may warrant additional pages, however in the interests of the court, requests for longer declarations are generally not granted. Declarations are an extremely important part of the divorce litigation process.
If you have a declaration to submit, be very careful about what you include and how you word it. Be clear, up front and to the point. Use court approved pleading paper and following any font and type size guidelines. The declaration is the place to provide the courts with more than just information; it provides them with context behind the information. This context can be hugely influential in their decisions in your case. An experienced family law attorney will be able to help you draft a declaration that will demonstrate this context in a compelling way.
Are you in Los Angeles County and have some questions about submitting a declaration? Certified Family Law Specialist Steven Fernandez has experience with complex divorce issues and will help you draft a strong declaration.
Representing individuals in Los Angeles and surrounding areas, Steven Fernandez will listen to your case and advise you on how to argue your point during the divorce proceedings. Call our office at 310-564-5710; email us at intake@cfli.com or contact us through our online form today to schedule a free consultation.