When people come to meet with a Family Law attorney, they are seeking advice for some of the most intimate aspects of their lives. It is important that during these trying times that you feel that you have the right person to represent you. The Johnson Law Firm attorneys, Robert K Johnson and Timothy M. Johnson and their staff have the knowledge and tools you need to achieve your desired results. From simple divorce agreements to complex child custody matters, our office is equipped to handle all of your Family Law issues. There are many attorney’s to choose from when you need a Family Law attorney so be sure to choose the right one. Choose the Law Offices of Robert K. Johnson to protect you and your family.
The State of California is a “no fault” state which means that either party may ask for a divorce (dissolution of marriage) without cause or permission from the other party. The divorce is granted without the necessity of proving one or both of the parties of marital misconduct. In order to file for a dissolution of marriage one or both of the parties must be a resident of the State of California for at least six months and a resident of the county for at least three months immediately preceding the filing of the Petition for Dissolution of Marriage. It is mandatory in the State of California that a dissolution of marriage not be granted any less than six months after service of the initial Petition and Summons for dissolution of marriage.
A paternity action is a court proceeding to determine whether a person is the father of a child (esp. one born out of wedlock). Usually a paternity test is required involving DNA identification or tissue-typing, for determining whether a given man is the biological father of a particular child where there may be a dispute. Often times, the mother will initiate a paternity action to obtain child support from the biological father of the child. A judgment for paternity is obtained to finalize the terms of custody, visitation and support once paternity is determined.
A judgment of the court or written agreement directing one or both of the spouses to live separate and apart. It allows the parties to obtain a court order regarding support, child custody, division of real property without having a final decree for dissolution of marriage. A decree of separation does not dissolve a marriage therefore, it does not allow for the parties to remarry. Sometimes it allows for either party to remain covered under the other party’s health insurance. And, in contrast to a dissolution, if you do not meet the residency requirement, you can still file for a legal separation.
Divorce in itself is trying enough. If children are involved it becomes even more trying and extremely emotional. Parents often lose sight of what is in the best interest of their children when they are fighting over other things, especially financial issues. Where do the children fit into this whole new existence that is being created? Unfortunately children often become financial pawns in a divorce when child custody issues are being decided.
Before the divorce is finalized a temporary custody arrangement is put into place. This can usually be done without the courts intervention if both parties can reach an agreement. The temporary custody arrangements are not necessarily what the final custody arrangement will be. The agreement should be well thought out and comprehensive. It is best to put it on the court record to make it binding.