If you are going through a divorce, you may come across the term declarant in court papers, legal forms, or conversations with attorneys. It can sound confusing at first, especially if you are already overwhelmed with legal steps, emotions, and paperwork.
Who Is the Declarant in a Divorce?
In a divorce, the declarant is the person who makes a written statement called a declaration and signs it under penalty of perjury. When you act as a declarant, you are telling the court that the facts you are stating are true to the best of your knowledge.
A declarant is not a special legal role reserved for lawyers or judges. It is simply the person who signs and submits a declaration. In most divorce cases, both spouses become declarants at different points in the process.
Why the Declarant Role Matters in a Divorce
When you are divorcing, the judge often makes decisions based on paperwork rather than live testimony. Declarations are one of the main ways you communicate important facts to the court.
As a declarant, you may be explaining:
- Your income and expenses
- Your assets and debts
- Why you are asking for custody, support, or temporary orders
- What has been happening in your household or marriage
Because declarations are signed under penalty of perjury, what you say carries legal weight. If the information is false or misleading, it can seriously harm your case.
Who Can Be the Declarant in a Divorce Case?
The Petitioner as a Declarant
If you started the divorce, you are known as the Petitioner. When you file declarations—such as financial disclosures or requests for court orders—you are acting as the declarant.
For example, you may be the declarant when:
- You submit your income and expense declaration
- You file a declaration asking for temporary child support
- You explain why certain property should be awarded to you
The Respondent as a Declarant
If you were served divorce papers, you are the Respondent. You also become a declarant whenever you file your own declarations with the court.
You may act as the declarant when:
- You respond with your own financial disclosures
- You oppose a request for custody or support
- You explain your side of events in writing
Being the declarant does not depend on who filed first. It depends on who is submitting the declaration.
When Are Declarations Used in a Divorce?
Declarations of Disclosure
One of the most important times you act as a declarant is during financial disclosure. In most states, both spouses are legally required to disclose their finances.
As a declarant, you swear to the accuracy of:
- Income
- Expenses
- Assets (bank accounts, property, retirement funds)
- Debts (credit cards, loans, mortgages)
These declarations help ensure fairness and prevent hidden assets.
Requests for Orders (RFOs)
If you ask the court for temporary decisions while the divorce is ongoing, you usually must file a declaration explaining why.
You may be the declarant when requesting:
- Temporary child custody
- Temporary child support or spousal support
- Exclusive use of the family home
- Payment of bills during the divorce
The judge often relies heavily on what you say in your declaration.
Supporting or Opposing Motions
You may also act as a declarant when:
- Supporting a motion filed by your attorney
- Opposing your spouse’s requests
- Explaining changes in circumstances
In all of these situations, you are the declarant for your own statements.
What Exactly Is a Declaration in a Divorce?
A declaration is a written statement of facts, signed by you, stating that everything you wrote is true under penalty of perjury.
Key features of a declaration:
- It is written, not verbal
- It is signed by you
- It does not usually require notarization
- It includes a statement that it is made under penalty of perjury
Because of this, declarations are taken very seriously by courts.
What Does “Under Penalty of Perjury” Mean for You?
When you sign a declaration, you are legally promising that the information is true. If you knowingly lie, exaggerate, or hide information, you could face serious consequences.
Possible risks include:
- Court sanctions
- Loss of credibility with the judge
- Financial penalties
- In extreme cases, criminal charges
As a declarant, honesty is not optional—it is required.
Common Examples of Being a Declarant in a Divorce
Example 1: Financial Disclosure
You fill out an income and expense form and sign a declaration stating that all numbers are accurate. In this situation, you are the declarant, even if your lawyer helped prepare the form.
Example 2: Custody Request
You file a declaration explaining why a specific custody schedule is in your child’s best interest. You describe routines, caregiving roles, and concerns. You are the declarant for those statements.
Example 3: Responding to Allegations
Your spouse files a declaration accusing you of certain behavior. You respond with your own declaration explaining your side. Again, you are the declarant for your version of the facts.
Declarant vs Affidavit: What’s the Difference?
Many people confuse declarations with affidavits.
Here is a simple comparison:
- Declaration:
- Signed under penalty of perjury
- Usually does not require notarization
- Common in divorce and family court
- Affidavit:
- Sworn before a notary
- Often used in other legal contexts
- Less common in routine divorce filings
In divorce cases, declarations are far more common than affidavits.
Can Anyone Be a Declarant in a Divorce?
Yes. You do not need to be:
- A lawyer
- A legal expert
- The person who filed the divorce
As long as you are making factual statements in writing and signing them under penalty of perjury, you are a declarant.
Sometimes third parties, such as relatives or professionals, may also act as declarants if they submit written statements supporting your case.
How Judges Use Declarations in Divorce Cases
Judges often review declarations before hearings and rely on them heavily, especially when time is limited.
Your declaration helps the judge:
- Understand your financial situation
- See each side’s version of events
- Decide temporary and sometimes final orders
A clear, truthful declaration can strongly influence how the court views your case.
What You Should Do If You Are the Declarant
If you are signing a declaration in your divorce, take these steps seriously.
Be Accurate and Honest
Never guess or exaggerate. If you do not know an exact number, say so or explain your estimate.
Be Clear and Organized
Write in simple language. Stick to facts. Avoid emotional attacks or unnecessary details.
Read Before You Sign
Once you sign, you are legally responsible for everything in the document—even if someone else prepared it.
Get Legal Help If Needed
If your situation is complex, a family law attorney can help ensure your declaration is accurate and effective.
Common Misunderstandings About Declarants in Divorce
- Thinking only the person who filed the divorce can be the declarant
- Believing declarations must be notarized
- Assuming your lawyer is the declarant instead of you
- Treating declarations as informal statements
All of these misunderstandings can lead to serious mistakes.
Quick Facts: Declarant in a Divorce
- Who: Any person signing a declaration
- When: During financial disclosures, motions, and requests for orders
- Legal weight: High
- Truth requirement: Mandatory
- Risk of false statements: Serious legal consequences
Key Takeaways: Who Is the Declarant in a Divorce
- The declarant is the person who signs a written declaration under penalty of perjury
- Both spouses usually act as declarants during a divorce
- Declarations are critical in financial disclosures and court requests
- Judges rely heavily on declarations when making decisions
- Accuracy and honesty are essential
Final Thoughts
Understanding who is the declarant in a divorce helps you take control of your case. When you know that your written words matter, you can approach declarations carefully, confidently, and truthfully. That awareness alone can make a meaningful difference in how your divorce unfolds.