Divorce Law
Law Offices of Robert K. Johnson | Palmdale Divorce Attorney
From simple divorce agreements to complex child custody matters, our office is equipped to handle all of your Family Law issues.
Divorce
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. 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 isdetermined.
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. Either party must be a resident in the State of California for three months immediately preceding the filing of a Legal Separation.
Child Custody
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. Where do the children fit into this whole new life 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. Click here to read more about child custody.
