Robert K Johnson
* 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.
* Paternity
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 is determined.
* Legal Separation
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.
* Visitation
This is the children's time to spend with you. Get to really know them. It is a special time that should not be taken for granted. They are young only once. They get to grow up only once. Be there with them. Share this once in a lifetime opportunity.
* Child Support
By definition, CHILD SUPPORT is a financial contribution paid by the non custodial parent to the custodial parent towards the expenses of raising his or her children. That seems pretty cut and dry. However, child support can turn into a major issue as divorces are often wrought with emotions.
In most states there are specific guidelines which are followed in the determination of how much child support is to be allocated. Each state is different, but most states take into consideration the income levels (both earned and unearned) of both the parents as well as the expenses associated with raising the child in their determination. That is a very broad example of how it can be calculated. Often there ere complicated formulas and schedules that are used. Keep in mind that a judge has the authority to deviate from the guidelines it he or she determines that the situation warrants it.
Unfortunately, child support is often misconstrued by the payor, who may feel that the custodial parent is not using the funds to support the child. On the other side of the equation is the custodial parent who may feel that they are barely making ends meet while the non custodial parent's lifestyle has barely changed. More often than not, they are misconceptions.
* Divorce Do's and Don'ts
This is an extremely turbulent and emotional time. As such you may find yourself thinking and doing things that you would not normally do. The most devoted of parents have been known to put their children in the middle. Often times you will hear somebody say, "I just don't know this person anymore" about somebody in the process of a divorce. They are right. Most people do go through some sort of metamorphosis during their divorce. We tend to be much more emotional and rash in our decision making. It's part of the process that we must watch very carefully. Try to always think before you act. What will be the effect of today's action tomorrow?
This is a list of things that under normal circumstances most people would never do. This list was developed based on personal experiences, having had these things done to us, or as much as we may hate to admit it, having done some of these ourselves. If you can follow these guidelines you will find that you behaved in a mature rational way. Not only can you be proud but you will find that more things will be better in the long run. Easier said than done but give it your best try.
Robert K Johnson
Attorney At Law
1125 W Ave M-14 #B
Palmdale CA 93551
Tel: 661 575-9811
Fax: 661 575-9319
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