Law Offices of Erik Steven Johnson

247 N. Third Street, San Jose, CA 95112

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San Jose Divorce Lawyer

Milpitas divorce lawyer

Family Law Attorney Representing Clients in Santa Clara County, CA

Choosing to initiate divorce proceedings can be one of the most difficult decisions a married individual makes. Some divorces can be straightforward and amicable while others can be heated and complicated. It is best when the parties can agree or compromise. However, this is not always the case. When children, businesses, property and debts are involved, complications can arise quickly.

Spouses owe each other a fiduciary duty during a dissolution of marriage. It is important to know what this means in your particular case in order to avoid the potential penalties for breaching the duty. Our skilled divorce attorney at the Law Offices of Erik Steven Johnson will make sure that you understand the divorce process and how it affects you legally and financially. We can help you get through this difficult time so you can focus on healing yourself and your family.

Divorce Lawyer For Support and Custody

There are many factors to consider when going through the divorce process. Attorney Erik Johnson has the experience and skills to work toward the best possible outcome for you and your family with regards to:

  • Calculating spousal and partner support. Also referred to as "alimony," spousal support is the amount of money that one partner pays to the other each month in order to support him or her. When couples divorce, a court may order one spouse to pay spousal support.
  • Determining child custody. There are two forms of child custody in California: legal custody and physical custody. When a parent is granted legal custody, it means that they can make significant decisions for their child. These decisions can include the type of education the child receives and the religion the child will follow. When a parent has physical custody, it means that the child will primarily live with that parent. Both legal and physical custody can be sole or joint.
  • Allocating parenting time (visitation). Parenting time agreements detail how divorced or separated parents will share time with their children. There are several types of visitation options such as reasonable visitation, supervised visitation, visitation according to a schedule, and no visitation. Visitation orders are dependent upon factors such as the children's best interests and the parents' situation.

The way in which property is divided and child support is allocated will also be determined during the divorce proceedings. Such complex issues can lead to drawn-out arguments between the two parties. That is why it is best to retain an experienced divorce lawyer at the Law Offices of Erik Steven Johnson. Attorney Erik Johnson will help you understand the legal process and represent your best interests in negotiations and in court.

Eligibility Requirements for Filing for a Divorce in California

Because California is a "no-fault" divorce state, couples filing for a divorce do not have to prove the other spouse or domestic partner did something that would warrant a divorce. If one partner in a marriage wishes to get a divorce, he or she can do so by citing "irreconcilable differences," which means that the spouses are unable to live peacefully together.

In order to file for a divorce in California, either you or your partner must have been a resident of the state of California for at least six months and must have lived in the county in which you are filing for a divorce for at least 3 months. If you or your spouse do not meet these requirements, you may file for a legal separation. Once you have been a resident of the county you currently live in for at least three months, you may file an amended petition for divorce.

How Can a Domestic Violence Charge Affect My Divorce?

During a divorce, a domestic violence allegation against a spouse who has children can raise the presumption that the accused spouse is an unfit parent. This can result in the loss of custody of his or her children. In addition, a domestic violence charge can affect alimony and attorney fees, with the accused being ordered to pay more.

A domestic violence charge can significantly damage your divorce case. Attorney Erik Johnson's strong experience in criminal law can benefit individuals who are accused of domestic violence while going through a divorce.

Experienced Divorce Lawyer in Milpitas CA

Attorney Erik Johnson at the Law Offices of Erik Steven Johnson has over 10 years of legal experience. His commitment to his clients and his quality legal representation go unmatched. Call us at 408-246-3004, or contact us online. We serve clients in Campbell, Sunnyvale, Santa Clara County and the San Francisco bay area.

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