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Recent Posts in Discovery Category

Overview of Procedure and Process in Divorce, From the Initial Petition Filing to Judgment

What Is the Divorce Process From Initial Petition Filing, to Requests for Temporary Orders, to Judgment and the Conclusion of the Case? My goal is to empower and introduce you, the legal consumer, ...
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Do I Need to Disclose My Bonus to My Wife if a Divorce Is Pending?

Is There An Obligation to Tell My Husband About the Year-End Bonus I Am About to Receive? This is a tough topic, because if you've found yourself here it is because you are struggling with your ...
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Marriage of Boblitt Reversed by Legislative Action - Welcome to New Family Code Section 218

I've spoken with a number of you by email about the chilling effect that Marriage of Boblitt had on post-judgment discovery, and am pleased to announce that Jerry Brown has signed into emergency ...
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Self-Represented Party Needs TIPS On How to Take DIVORCE DEPOSITION With Production Request and How to Deal With Objections From Spouse's Attorney

Tips On Using Notices of Deposition Together With A Demand for Production in Divorce and Family Law Proceedings I was recently asked by a reader of our Enlightened Divorce Blog™ about how to ...
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Am I Entitled To Obtain Discovery In a Post-Judgment Application In a Dissolution?

Q. I am seeking to enforce a trial court judgment, by which my former wife owed me Epstein reimbursements, as against some property that was divided by the judge and awarded to her. I intend to file a ...
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Announcing Our New SAMPLE Attorneys' Divorce and Family Law Library!

New: Sample and Exemplar Forms For Drafting Pleadings and Discovery in Marital Dissolution and Family Law Cases in January, 2014 we began cobbling together a form library containing selected pleadings ...
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I Received the Husband's PRELIMINARY DECLARATION OF DISCLOSURE But It Omits to VALUE Any Asset. Is This Proper?

Q. I am an attorney practicing in San Bernardino. I represent the wife in a dissolution action we filed and served a little more than 60 days ago. I recently received from opposing counsel her ...
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Time for Producing Documents at Family Law DEPOSITIONS

Q. What do I need to know about setting my spouse's deposition and ensuring he brings all necessary documents with him for my review? 10 Day Notice Period for Document Production at a Deposition ...
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How Long Can I Be Forced to Participate in a Family Law DEPOSITION?

New Limitation for Time Period of Submitting to Family Law Depositions By: Michael C. Peterson, Esq. There were quite a few changes to the codes of California effective at the beginning of 2013. To be ...
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How Do I Get My Ex's Tax Returns?

POST-JUDGMENT DISCOVERY IN DIVORCE OR CHILD SUPPORT CASES CA Family Code Section 3665 How Do I Get My Ex-Spouse's Yearly Tax Returns? Family Code section 3665 is typically applied in situations ...
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Marriage of Kahn - Self-Represented Parties, Discovery Sanctions and Indio Divorce Attorneys

Marriage of Kahn (2013) 215 Cal.App.4th 1113 - Don't Think You Can Get Away With Discovery Game Playing By Becoming Self-Represented! Or "How to Avoid Divorce Trance for Lawyers Who Represent ...
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Does the FIFTH AMENDMENT Apply to Perjury in Family Law | Divorce Cases?

Q. Can I assert the Fifth Amendment in my divorce | family law proceedings? Asserting the Fifth Amendment Privilege Against Self-Incrimination in Family Law Cases in California: Severe Adverse ...
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What Should a PRODUCTION DEMAND Request for SUPPORT Purposes? (Part 1)

Q. I am representing myself in my divorce. My husband is self-employed. I know he earns more than he claims. We have two children, and I haven't worked in seven years. I feel so stupid now, but I ...
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Attorney Michael C. Peterson Speaks About FINANCIAL TRANSPARENCY (Before and Once Divorce Happens)

Advice for Couples in 2012, Including How to Balance Power in Your Marriage ! One of the most common problems I see arising in (and sometimes leading to) any divorce action is a lack of financial ...
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FAMILY LAW SANCTIONS and DUE PROCESS: Santa Barbara Trial Court Reversed in IRMO DURIS

Visitors to my websites know that I am biased in favor of mediation, believing that parties to litigation involving their family should opt to resolve their disputes themselves rather than undertake ...
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Is It Possible to Get My Ex's TAX RETURNS Without Any MOTION to MODIFY Pending Between Us?

Q. We were divorced three years ago and I haven't taken my ex-husband back to Court. I think he is earning a lot more now. Is there anything I can do to find out what his situation is short of ...
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Am I Entitled to Obtain DISCOVERY If I File a SET ASIDE MOTION Before the Matter is Decided?

Q. Hello Mr. Arnold, I appreciate your website, it is very useful. I really hope you can let me know if I am allowed to serve Form Interrogatories on my ex after I file a FL-360 Application to set ...
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DISCOVERY - How are DEPOSITIONS used in California FAMILY LAW and DIVORCE cases? (Part I)

Q. What is a deposition in a California family law or divorce case and what is it used for? Depositions are hands down the most direct and cost-effective way to move your case forward and expose the ...
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DISCOVERY in California Marital Proceedings - What Are Requests for Admission?

Q. How do I use Requests for Admission in my dissolution proceeding? What Are Requests for Admission? Requests for Admission ("RFA's") can be a useful discovery tool in family law ...
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What is DISCOVERY in California Dissolution and Family Law Cases? (Part 1 - Form Interrogatories)

Q. Can you tell me how "discovery" works in California divorce and family law cases? What is Discovery? "Discovery" generally consists of formalized requests for the exchange of ...
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