A good family law declaration is a short, chronological, fact-only statement — not an argument, not an opinion, and not a place to relitigate the relationship. Format it on numbered pleading paper or Judicial Council form FL-158, sign it under penalty of perjury per Code of Civil Procedure §2015.5 (no notary needed), and support every claim with dates, specifics, and labeled exhibits rather than conclusions. Judges read dozens of these; the ones that get taken seriously read like a timeline, not a complaint to a friend.
Key Takeaways
- No notary required: signing under penalty of perjury per CCP §2015.5 is legally equivalent to a sworn affidavit.
- Facts, not opinions: "he yelled and slammed the door on March 3rd" persuades; "he's controlling" does not.
- Numbered paragraphs, one fact per paragraph: makes your declaration easy to cite and easy for the judge to follow.
- Keep it short: most LA County departments favor concise declarations, commonly capped around 10 pages.
- Exhibits carry weight: a screenshot or document attached and referenced beats a paragraph describing it from memory.
Whether you're filing a Request for Order for custody, support, or a responsive declaration opposing one, the declaration is often the single document a judge reads most closely before a hearing. A well-written one can shape the outcome; a rambling or argumentative one can undercut an otherwise strong case. This guide covers the required format and the content choices that actually matter.
We prepare declarations and Request for Order paperwork for family law clients throughout Los Angeles County at a flat fee. See our child custody and support document preparation service or divorce document preparation service. As a registered legal document assistant, we prepare documents at your direction and do not provide legal advice.
What a Declaration Is (and Isn't)
A declaration is your written testimony, submitted on paper instead of spoken live in the courtroom. Under Code of Civil Procedure §2015.5, a statement signed under penalty of perjury, dated, and stating the city and state of signing, carries the same legal force as a notarized affidavit — no notary visit needed.
What it is not: a legal brief, a place for your attorney's arguments, or a venting outlet. Legal argument belongs in a separate memorandum of points and authorities where one is required; the declaration itself should stick to what you personally know to be true.
Required Format
| Element | Requirement |
|---|---|
| Paper | Numbered pleading paper (28 lines) or Judicial Council form FL-158, matching your case caption. |
| Caption | Court name and branch, case name, case number — identical to your other filed documents. |
| Title | "Declaration of [Your Name] in Support of/Opposition to [specific motion]." |
| Body | Numbered paragraphs, one topic per paragraph, in roughly chronological order. |
| Personal knowledge | State facts you witnessed or know directly — not what someone told you, unless you say so explicitly. |
| Signature block | "I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at [city], California." followed by your signature. |
Step by Step: Writing Your Declaration
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List the facts before you write a sentence
Write down every relevant date, event, and document you can think of first, in any order. Sort it into chronological order afterward — this catches gaps and keeps you from writing an argument instead of a timeline.
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Open with one sentence of context
State who you are, your relationship to the case, and what motion this declaration supports, in a single opening paragraph. Save the story for the numbered paragraphs that follow.
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Write one fact per numbered paragraph
Each paragraph should cover a single date or event: what happened, when, and how you know it. This makes it easy for a judge — or opposing counsel — to cite "paragraph 7" instead of hunting through a wall of text.
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Label and reference your exhibits
Where a text message, email, photo, or record supports a paragraph, say so directly ("See Exhibit A, a true and correct copy of the text message referenced above") and attach it labeled Exhibit A, B, C, in the order referenced.
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Cut anything that isn't a fact
Reread your draft and remove adjectives, character judgments, and guesses about the other party's intentions. If a sentence isn't something you could testify to from personal knowledge, it doesn't belong.
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Sign, date, and check your page count
Add the penalty-of-perjury signature block with the city and date, and confirm your declaration fits within your department's local page limit before filing.
Local rules vary by department. Los Angeles County family law departments commonly limit supporting declarations to around 10 pages, though the exact limit can vary by judicial officer. Check your specific department's requirements, or ask us to confirm the applicable page limit when preparing your filing.
Common Mistakes That Weaken a Declaration
- Writing in emotional or argumentative language instead of stating facts plainly
- Describing the other parent's character or motives instead of specific documented behavior
- Including hearsay — what someone else told you — without identifying it as such
- Leaving out dates, so events read as vague and hard to verify
- Referring to a text or document without attaching it as a labeled exhibit
- Repeating the same point across multiple paragraphs instead of stating it once, clearly
- Missing the penalty-of-perjury signature block, or signing without dating it
A declaration doesn't need to be dramatic to be effective. Family law judges read a high volume of these filings, and a tight, factual, well-organized declaration is consistently more persuasive than a long emotional one — not because the facts don't matter, but because clarity makes the facts easier to credit.
Declarations vs. the Income and Expense Declaration
Don't confuse a general declaration with the Income and Expense Declaration (FL-150), a separate mandatory Judicial Council form used specifically for financial disclosures in support cases. Many Request for Order filings include both: a general declaration telling your story, and an FL-150 reporting your finances on the required form. If your case involves support, see our guide on increasing or reducing child support in Los Angeles for how the two fit together.
What We Prepare
We prepare declarations, Request for Order paperwork, and responsive declarations for family law clients throughout Los Angeles County at a flat, disclosed fee, formatted to local court requirements. We organize the facts and exhibits you provide into proper legal format. What we cannot do is decide what facts belong in your declaration, draft legal argument, or advise you on strategy — that stays with you or your attorney.
Frequently Asked Questions
What is a declaration in a family law case?
A declaration is a written statement of facts, signed under penalty of perjury in place of a notarized affidavit, that a party or witness submits to support or oppose a motion such as a Request for Order. Under Code of Civil Procedure section 2015.5, it carries the same legal weight as sworn courtroom testimony, without requiring you to appear and testify live for every fact.
Do I need to hire a notary to sign a declaration?
No. That's the entire point of Code of Civil Procedure section 2015.5 — a declaration signed under penalty of perjury, dated, and stating the city and state where it was signed, is legally equivalent to a notarized affidavit in California state court. No notary is required.
How long should my declaration be?
As short as it can be while still covering the necessary facts. Many Los Angeles County departments have local page limits, commonly around 10 pages for a supporting declaration, and judges reading dozens of these a day respond better to a tight, chronological, fact-based declaration than a long one. Attach documents as labeled exhibits rather than describing them at length in the text.
Can I state my opinion about the other parent in my declaration?
Generally no. A declaration should state facts you personally witnessed — dates, events, direct quotes, documented incidents — not conclusions like "he's a bad father" or speculation about someone's motives. Judges are trained to discount conclusory or argumentative language and give more weight to specific, verifiable facts.
What's the difference between a declaration and the Income and Expense Declaration (FL-150)?
The Income and Expense Declaration (FL-150) is a specific mandatory Judicial Council form reporting your finances, used in support cases. A general declaration is a narrative statement of facts you write yourself, typically prepared on numbered pleading paper or Judicial Council form FL-158, supporting whatever motion is before the court. They serve different purposes and often accompany each other in the same filing.
Can a paralegal write my declaration for me?
A registered legal document assistant can prepare your declaration in proper legal format based on the facts and chronology you provide, at a flat fee. What an LDA cannot do is decide which facts to include, draft legal arguments, or tell you what will persuade the judge — that's legal advice or advocacy, and it stays with you or your attorney.
Can I attach text messages or emails as exhibits to my declaration?
Generally yes, when they're relevant and properly authenticated within the declaration itself — stating what the exhibit is, how you obtained it, and labeling it clearly (Exhibit A, Exhibit B, and so on) with a reference in the numbered paragraphs. Local formatting rules in Los Angeles County govern how exhibits must be attached and labeled, so it's worth confirming your department's specific requirements.