California Family Law Attorneys

At Jewett & Johnston as Family Lawyers we understand that family law matters can be very complex and that the process can take a lot out of clients both emotionally and financially.  Accordingly, we give our best efforts at all times to expeditiously bring your family law matter to an amicable resolution that is in concert with your goals and the law.

Jewett & Johnston as Family Lawyers we have represented clients in the following family law areas:

• Divorce
• Child Custody & Visitation
• Child Support / Modification / Termination
• Spousal Support / Alimony / Modification / Termination
• Marital Property Division
• Joinder of Pension Plans and Benefits
• Post-Judgment / Modification / Enforcement / Termination
• Paternity Actions / Unmarried Parents
• Legal Separation

Divorce In California

Divorce, or dissolution of marriage, is the legal process of terminating marriage.  Besides dissolving the parties legal status of being married, divorce proceedings also deal with the division of assets and debts, custody and visitation of the parties’ children, and determination of spousal and child support.

California is a no fault state and the only grounds for divorce are that irreconcilable differences have caused the irremediable breakdown of the marriage or one of the parties suffers from incurable insanity.

Who can get a divorce in California?  A judgment for dissolution of marriage may not be entered unless at least one of the parties was a resident of California for 6 months, and of the county in which the proceeding was filed for 3 months, immediately before the commencement of the proceeding.  There is no statutory residency requirement, however, for a judgment of legal separation.

Once the divorce proceeding has commenced, however, there is a minimum six-month waiting period between the service of the summons and petition for dissolution and the termination of marriage.  This time frame has been mandated by the Legislature to allow the parties time to decided if there is a chance of reconciling their marriage.  If there is no chance that the parties will reconcile and the six-month waiting period has expired then the parties are ready to officially move forward with the divorce process.

What does the divorce process entail?  Generally, a divorce proceeding commences with the filing and service of a petition for dissolution of marriage to which a response is filed by your spouse.  Next, temporary orders might ensue with requests for temporary spousal support, child support, custody and visitation and attorney fees and costs.  Concurrently, or shortly, thereafter the parties will exchange information as it relates to the parties’ community estate.  Often times the parties, once satisfied that all the relevant information has been disclosed, will begin working on a settlement of their case.  If the parties reach an agreement then the process is in effect over, however, if no agreement can be reach the process must be resolved by trial.

Do I need to hire a divorce lawyer?  In a word, probably.  Divorce and related family law matters can be downright daunting to handle as the issues are complex and the process is intricate.  The more pointed question is: what type of divorce lawyer is best suited for my case?  The attorneys at Jewett and Johnston primary focus is the practice of divorce and related family law matters.  We have handled all the major aspects of a divorce proceeding including but not limited to initiating the process, setting up the initial support and custody orders, dividing marital property and debts, to name a few.

Whether you contemplate an amicable or a contested divorce, the attorneys at Jewett and Johnston take a hands on approach to your case and provide you with the legal advice and information you will need to make an informed decision.  For a free 1/2 hour telephone consultation call Jewett & Johnston today.

Child Custody & Visitation

Child custody and visitation is one of the most contested issues in family law.  Some of the major issues surrounding custody and visitation include: abuse allegations, abandonment, alienation, change in custody, modification of court orders, and allegations involving a former partner or current spouse.

Under California law, it is public policy of the state to ensure minor children frequent and continuing contact with both parents after their separation or divorce, and to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy, except when the contact would not be in the child’s best interest.

Mediation

Mediation is required whenever it appears that an issue of custody or visitation regarding a minor child is contested.  This requirement applies whether the order sought is an initial order or modification.  Mediation has several purposes such as to reduce any acrimony between the parties, develop an agreement that furthers the state’s policy of frequent and continuing contact with both parents and that is in harmony with the best interest of the child, and to effect a settlement regarding a visitation schedule.

Stepparent, Grandparent, & Sibling

The court in a marital action may award reasonable visitation rights to any other person having an interest in the child’s welfare.  This type of visitation order may be limited by the preference that custody be vested in the child’s natural parents.

Modification Of Custody & Visitation

Child custody and visitation awards are subject to modification for as long as the child is a minor.  A significant change of circumstances since an order was made must be shown for the court to modify either a legal or physical custody order.  A change of circumstances need not be shown, however, when there has been no prior court order, that is, when the order being made is an initial order rather than a modification of a prior order, or when the order is pending final judgment.

Termination Of Custody & Visitation

A custody order terminates when the child reaches 18 years, dies, or becomes emancipated.

Child Support Is Set By A State-Mandated Formula

Child support is routinely determined using a state-mandated formula based on income; determining income is often a highly contentious debate. Modifying child support orders, however, usually presents a more complex analysis. It is advisable to hire an attorney when initially setting and modifying child support.

Spousal Support

In a divorce the court may grant spousal support, also referred to as alimony. The amount and duration of support ordered will depend on each case. Some factors that the court will consider in its determination of spousal support include: the duration of the marriage, the disparity of the parties’ income, the marital standard of living, to name a few.  Similar to child support orders it is advisable to hire an attorney when initially setting and modifying spousal support.

Modification Of Support

A party who requests the modification of a support order will normally have the burden of proving that a significant change in the circumstances has occurred since the time the order was set. The usual requirement that a change of circumstances must be shown before modification will be granted  does not apply to some types of temporary orders.  Case law holds that a temporary spousal support order may be modified without a showing of change of circumstances.  As a practical matter, however, some trial courts will deny modification of temporary spousal support when no change of circumstances is shown.

What constitutes a significant change in circumstance?  The answer to that question depends on the facts and circumstances of each case.

Termination Of Support

Child support continues as to an unmarried child who has attained the age of 18 years, is a full-time high school student, and who is not self-supporting, until the time the child completes the 12th grade or attains the age of 19 years, whichever occurs first. Termination of spousal support, on the other hand, is not so simple.  Terminating a spousal support order will require an analysis of factors such as the death of a party, remarriage by the supported party, the length of marriage, the ability of the supported spouse to become self-supporting, the respective incomes of the parties, to name a few.

California Civil Attorneys

The attorneys at Jewett and Johston have successfully resolved civil disputes in the following areas:

• Assault and Battery
• Breach of Contract
• Conversion
  
• Evictions
  
• Fraud
• Landlord / Tenant
• Personal Injury (Auto Accidents, Dog Bites)
• Premise Liability
• Negligence
  
• Work of Improvement / Home Construction

If you are involved in a civil dispute we can help.  Civil actions can be time consuming and exhaustive on clients’ emotions and resources.  We give our best efforts to resolve your civil dispute timely and aggressively. For a free 1/2 hour telephone consultation call Jewett & Johnston today.

Driving While Under the Influence

Being charge with driving under the influence is no small matter.

A conviction for driving under the influence has far reaching consequences that will effect your daily life such as the suspension of your drivers license, imposition of heavy fines and the possibility of serving time in jail.

If you are being charged with driving under the influence the attorneys at Jewett & Johnston can help.  We have successfully defended many DUI cases throughout the Los Angeles and Ventura County courts.

Having said that, we are aware that not every case will, or should,  be taken to trial.  We advise our clients on a case-by-case basis and analyze the law as it relates to their particular matter, empowering clients with the ability to make an informed decision about their case. With this in mind, we have developed a fee schedule that contemplates that your case may not reach every phase of a criminal proceeding and charge you a reasonable fee accordingly.  For a free 1/2 hour telephone consultation call Jewett & Johnston today.