All videos are provided for informational purposes only. Some videos are primarily California focused. Content is not intended for and should not be construed as legal advice. Servicing Only San Diego County - If your family law case is in San Diego County, please contact the Men's Legal Center. If your family law case is outside of San Diego County, please contact a licensed attorney in your area.

Untying the Knot is brought to you by the Men's Legal Center and was created to be an information resource to anyone going through a family law and divorce process. Each video is produced by a California Certified Family Law attorney and his team who each have decades of knowledge and experience.

Besides substantive issues in Family Court, a party must understand the
procedures. The easiest way to explain is when a Petition for Dissolution is filed by a
party, the court opens a case by assigning a number and a court. The same is true for a
Complaint to Establish Parentage (aka Paternity).

Between the Petition or Complaint and the Judgment, there are a lot of
secondary side roads: It is important to stay on top of court hearings and orders and
have a basic understanding of what phase you are in the process.
After filing paperwork for dissolution or paternity, one party files for a hearing to
obtain temporary orders until trial or settlement. This is where each side tries to discover
facts to help at trial or settlement.

A step in a Dissolution is a hearing on temporary support and orders to carry the
parties until the trial or settlement: This may include temporary child custody, visitation
orders, spousal and child support orders, attorney fees, and property control orders. In a
Paternity, the only issues are child custody and visitation, child support, and attorney
fees.

Sacramento passed legislation to make it mandatory for parties in a Dissolution
to file an Income and Expense Declaration (IED) and a Schedule of Assets and Debts
within 60 days of filing the Petition or Response to a Dissolution. The two documents
are part of what is called the Preliminary Declaration of Disclosure (PDOD). PDODs are
the bulk of the discovery.

Tools include are having the other party answer specific questions such as
Special interrogatories or produce documents. In a Paternity case, there is no
mandatory PDOD except each side must file an IED. Sometimes these phases overlap.
In a Dissolution, an agreement between the parties is called a Marital Settlement
Agreement. In a Paternity case, the judgment is called simply a Judgment of Paternity.

A hearing for temporary orders generates both a Minute Order and formal
Findings and Order After Hearing (FOAH). The order from the hearing is submitted to
the other for approval. Once approved it is submitted as an official Court order. Besides
the hearing for temporary orders, the judge conducts Case Status Conferences to move
toward. Case Management Conferences are then held.

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