California dissolution (divorce) document collection for sale

LegalDocsPro offers the California dissolution (divorce) document collection which contains over 45 documents with a list price of over $275.00 if purchased separately but you can purchase the entire collection for only $99.99 which is a discount of over 65% off! Documents include a sample marital settlement agreement, sample qualified domestic relations order, sample requests for production of documents, trial brief and more.

This document collection was just updated on May 4, 2015 with over 5 new documents.

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Sample legal documents for California dissolution (divorce) cases that are included in this package are:

Bifurcation of Divorce in California newsletter issue
California Child Custody and Visitation Modifications newsletter issue
FREE Legal Research Links for California and Federal law
Motion for Attorney Fees in Divorce Case in California
Sample Custody Stipulation for California
Sample Deposition Notice in California
Sample Evidentiary Objections in California Divorce
Sample Ex-Parte Application for Continuance of Trial Date                        
Sample Marital Settlement Agreement
Sample Motion for Reconsideration in California
Sample Motion for New Trial in California
Sample motion for Family Code section 271 sanctions in California divorce
Sample Motion for Set-Aside of Interspousal Quitclaim Deed in California
Sample motion to adjudicate omitted assets in California divorce
Sample motion to correct clerical error in California divorce judgment
Sample motion to modify child custody/visitation in California divorce
Sample Motion to Vacate California Divorce Judgment
Sample Motion to Vacate Divorce Judgment for Duress
Sample Motion to Vacate Divorce Judgment for Fraud and Perjury
Sample Motion to Vacate Divorce Judgment for Mistake
Sample Motion to Vacate Divorce Judgment under CCP section 473
Sample Motion to Vacate Property Settlement Agreement for California
Sample Motion to Vacate Stipulation under CCP section 473
Sample Notice to Appear at Trial and Produce Documents in California
Sample objections to statement of decision in California divorce
Sample Opposition to Motion for New Trial in California
Sample Opposition to Motion for Reconsideration in California
Sample Opposition to Motion to Enforce Settlement Agreement in California
Sample Opposition to OSC to Modify Spousal Support in California
Sample Points and Authorities for Motion to Enforce Settlement Agreement in California
Sample Points and Authorities in Support of OSC to Modify Child Support in California
Sample Qualified Domestic Relations Order in California
Sample Renewed Motion in California
Sample Request for Production of Documents in California
Sample Request for Statement of Decision in California divorce
Sample requests for admission in California divorce
Sample Responses to Family Law Form Interrogatories in California
Sample Responses to Requests for Production of Documents in California
Sample Stipulation for Bifurcation of Marital Status in California
Sample Supplemental Discovery Request in California
Sample Trial Brief for California Divorce case
Uncontested Divorce in California newsletter issue

Discovery in California dissolution (divorce) proceedings

Discovery in California dissolution (divorce) proceedings is the topic of this blog post.

Parties in California divorce proceedings can utilize the same discovery procedures as are used in California litigation as the same rules and procedures are applicable unless another statute or rule has been adopted by the California Judicial Council. See Family Code section 210.

The importance of discovery in divorce and other family law litigation cannot be emphasized enough. Utilizing discovery correctly can mean the difference between winning and losing for many divorce cases. Yet many law firms and solo attorneys are so overworked and understaffed that they do not have the time to propound enough discovery on their divorce cases. The result is that many cases which could have been won at trial, or a reasonable settlement reached before trial, instead are lost. The following discovery procedures have been found to be very cost effective in divorce cases.

Form interrogatories for divorce cases are available using Judicial Council Form FL-145. This form is extremely useful as the questions are specifically tailored to the issues involved in a typical case. For instance a party may ask the other party to provide the last three (3) years tax returns, and also to complete a schedule of assets and debts on Judicial Council Form FL-142 if that form is attached to the form interrogatories.

Special interrogatories are also very useful as a party can request the other party to state all facts, identify all persons having knowledge of the facts, and all documents in support of the facts which, support the other party’s request for attorney’s fees, sole custody, spousal support and other requests or contentions made in that party’s petition or response.

Additionally, requests for production and inspection of documents and other tangible things can be useful in obtaining bank and financial records and other documents that are pertinent to the divorce proceeding. And a party can demand that the other party allow them to inspect and to photograph, test, or sample any tangible things that are in the possession, custody, or control of the party on whom the demand is made as well as demand that any other party produce and permit the party making the demand, or someone acting on that party's behalf, to inspect, copy, test, or sample electronically stored information in the possession, custody, or control of the party on whom demand is made.

Thus a party who believes that the other party is hiding assets may demand to inspect their computer, or other electronically stored information. This could be extremely valuable as computer records may show certain websites that were visited such as bank websites for hidden accounts, or e-mails to banks or other parties which have information on where hidden assets are located. And many people keep a spreadsheet or other list of their assets on their computer thinking that their spouse will never find it.

And requests for admission can be used to request the other party admit or deny certain pertinent facts, and/or admit that certain attached documents are genuine.

The California courts have ruled that the scope of discovery in California litigation is very broad. Any doubts are applied liberally in favor of discovery.

For discovery purposes, information is relevant if it might reasonably assist a party in evaluating case, preparing for trial, or facilitating settlement. Gonzalez v. Superior Court (City of San Fernando) (1995) 33 Cal.App.4th 1539, 1546.

Admissibility is not the test and information, unless privileged, is discoverable if it might reasonably lead to admissible evidence. Davies v. Superior Court (1984) 36 Cal.3d 291, 301.

These rules are applied liberally in favor of discovery. Colonial Life & Accident Ins. Co. v. Superior Court (1982) 31 Cal.3d 785, 790, and (contrary to popular belief), fishing expeditions are permissible in some cases. Greyhound Corp. v. Superior Court (1961) 56 Cal.2d 355, 385, ("although fishing may be improper or abused in some cases, that "is not of itself an indictment of the fishing expedition per se").

Propounding discovery is a vital tool in (1) evaluating the strengths and weaknesses of each party’s case; (2) preparing for trial, and (3) facilitating settlement. This is particularly so in a divorce case involving disputed issues such as community property and/or debts.

Form and special interrogatories, request for admissions, and requests for production and inspection of documents and other tangible things all need to be utilized so that the facts, witnesses and documents that support the opposing party’s claims or defenses can be ascertained, deposed and reviewed, and getting certain admissions or denials of issues relevant to the divorce on record before the trial.

Attorneys or parties who wish to view a portion of sample request for production of documents specifically designed for use in divorce cases with 36 separate categories of document requests for sale by the author please click below.

http://www.scribd.com/doc/25882576

The author of this article, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995. Visit his website at http://www.legaldocspro.com for more information on subscribing to his FREE weekly newsletter with legal tips and tricks for California and Federal litigation.