Law Offices of Erik Steven Johnson

Call Today for a Free Consultation | Se Habla Espanol

408-246-3004

247 N. Third Street, San Jose, CA 95112

San Jose Family Law Attorney

San Jose Family Law Attorney

Family Law and Divorce Lawyer Helping Clients in Palo Alto, Campbell, and Santa Clara County

Family law issues can be emotionally challenging for all parties involved. It takes a particular type of attorney to be sympathetic to these various emotional complications. He must also be experienced in resolving complicated issues when children will be affected. At the Law Offices of Erik Steven Johnson, we are well versed in California family law and look to protect your family's best interests. We will evaluate the facts and circumstances surrounding your matter and provide you with sound legal advice you can trust.

Prenuptial and Postnuptial Agreements

Marriage is a contract. California allows those contemplating marriage and those that are married to determine certain terms of their marriage contract, with the exception of child support. In order to be enforceable, prenuptial and postnuptial agreements must meet certain legal requirements. The law encourages the parties to seek the advice of independent counsel and will not enforce an agreement where one spouse was not given the opportunity to seek independent counsel.

Divorce

Divorce is a complex process for many individuals and families. While some divorces can be resolved quickly, others can be heated and complicated. Some of the more complicated issues involve family businesses, child custody, spousal support, debt, and property. An experienced divorce lawyer can provide assistance in navigating these issues to make sure that the dissolution concludes successfully for the client.

Spousal Support

In California, spousal support (or maintenance) is calculated on a case by case basis. However, not all spouses are entitled to maintenance. In determining the amount of support that must be paid, the court considers a variety of factors including the length of the marriage, standard of living during the marriage and the employability of a spouse. If you think that you are entitled to spousal support, you need an experienced family law attorney. You should not settle for anything less than you deserve.

Child Custody and Child Support

In California, public policy requires that children have frequent and continuous contact with both parents. When deciding a child custody issue, courts look to what is in the best interests of the child. In some instances, a change in circumstances can also result in modifications to existing custody orders. In many counties, the parties may be ordered to participate in mediation before a custody hearing is held. The parties will attempt to come to a timeshare agreement. If the mediator is successful in facilitating an agreement, the parties may be able to file a stipulation and avoid a custody hearing. If not, the mediator may make a recommendation to the court, which the court is free to adopt or reject. If you are involved in a custody dispute, a skilled family law practitioner can help with these issues.

Child support cannot be waived by either party and can have an enormous impact on the finances of both households. When the court orders support, the court's calculation will be based on the timeshare of the children, respective incomes of the parents and other guideline factors found in the California Family Code. The court may order support even if one party is unemployed or underemployed, if the court determines that the underemployment is purposeful and intended to shirk child support obligations.

Domestic Violence and Restraining Orders

According to the California Department of Justice, in 2014 there were 155,965 domestic violence-related calls for assistance throughout California. Many instances of domestic violence go unreported. A domestic violence restraining order restrains a party from contacting you or coming near your home, work or school. The order will also restrain the party from possessing firearms. The court may also address spousal support, child support and child custody issues when making orders related to protective orders.

If you are being harassed or abused by husband, wife, girlfriend or boyfriend, seeking a domestic violence restraining order may be in your best interest. You should contact a family law attorney that is familiar with restraining orders as soon as possible. Your safety may be in jeopardy. Attorney Erik Johnson is here to discuss your situation and help you seek the protection of a domestic violence restraining order.

Adoption in California

Depending on what type of adoption is desired, such as a related family member adoption, stepchild adoption, or traditional adoption, California laws can be complicated. Many individuals or couples who are thinking about adopting may also have many questions about the process. To make sure that your adoption proceeds as smoothly as possible, consult with an experienced adoption legal professional.

Contact a Dedicated San Jose Family Law Attorney

Attorney Erik Johnson understands the many complex issues that can arise in a family law or divorce case. From start to finish, our office will remain sympathetic and dedicated to your matter. Do not hesitate to contact our law office today by calling 408-246-3004 for a free consultation. From our main office in San Jose, we serve clients in Campbell, Sunnyvale, Mountain View, Cupertino, Los Gatos, Saratoga, Palo Alto, Milpitas, Santa Clara County, and Alameda County. Se habla Español.

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