Family Law. For a map to the B. F. Sisk Courthouse location, click here. Our Mission. The Family Law Department will serve the Community with fairness and efficiency, encourage cooperation with all public and private individuals and organizations, promote confidence and trust in the judicial system, and perform its duties with the highest ethical standards. NOTICE RE: Family Law Application for Court Appointed Counsel. If you are an attorney in good standing and you are interested in being placed on a Family Law Court Appointed Counsel List to render services when needed, click here to obtain application and agreement. The application and agreement can be emailed to the following address: infodesk@fresno.

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Family Law Clerk's office located on the 2nd Floor of the B. F Sisk Courthouse, 1. O Street, Fresno, CA 9. Once the application and agreement has been approved, you will be contacted and additional information will be provided. Application and Agreement for Family Law Indigent Panel. Family Law is the general term used to refer to the various actions regarding marital relationships and relationships between parents and children, as well as violence between family, friends or acquaintances.

The Family Law Department assists people with the following legal issues: Divorce, Legal Separation, Nullity. Establishing Parentage. Child Custody and Visitation. Child Support, Spousal Support, Family Support. Marital Property Division.

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Domestic Violence Restraining Orders. Elder Abuse The Family Law Clerk's Office will provide you with the necessary forms if you are representing yourself in a family law matter.

SELF- HELP informational packets are available for a nominal charge through the Family Law Clerk's Office or they may be acquired from this website by clicking on Forms. You have the option of downloading easy to understand instructional packets complete with court forms, as well as the option of downloading fillable or blank Judicial Council forms. There are only two grounds used for obtaining dissolution, either . California court is a . The existence of irreconcilable differences provides the court with the grounds to make a divorce or separation Judgment. A marriage may be dissolved on the grounds of incurable insanity . Either you or your spouse must have lived in California for at least six (6) months prior to filing your case AND either you or your spouse must have lived in the county where you will be filing the dissolution case for at least three (3) months prior to filing your case.

There can be situations where both parties reside in California for at least six (6) months but they lived in different counties for the last three (3) months. In this situation, a party can elect to file in either county. The court you file in is the court that handles your dissolution case unless both parties have moved from the county and have formally obtained a change in venue. Legal Separation. You do not have to meet any of the above residency requirements to request either a legal separation or a nullity of marriage. Most parties choose dissolution rather than a legal separation.

Dissolution divides property and debts, makes orders regarding child custody, child support and spousal support, and terminates the marriage (restoring the parties to the status of unmarried persons). Parties may choose to formally separate their lives but remain married for religious or other personal reasons (i. Both parties must agree to a request for legal separation.

If one party files documentation requesting a legal separation and the other party file documentation requesting dissolution, the judge will grant the dissolution. If the marriage ends with the judge granting a Judgment for Legal Separation, either party may file a separate dissolution case to terminate the marital status to return both parties to the status of unmarried persons. If you desire dissolution but neither you nor your spouse meets California's residency requirements, you may initiate a case requesting a legal separation. Once either party meets the residency requirements, you can amend the Petition form to request dissolution.

Nullity. A nullity of marriage (sometimes referred to as an annulment) is rarely used. If the judge grants a nullity of marriage, it is as if the marriage never legally existed and restores the parties to the status of unmarried persons. Certain conditions must be met before the Court will find the marriage void (Family Code Sections 2.

Family Code Sections 2. Further, the conditions for nullity of marriage must have existed at the time of the marriage. There are time limits, which will prevent you from raising the issue of a voidable marriage.

Time limits vary but are generally four years after the date of the marriage. Once these time limits have passed, you will need to end the marriage and resolve issues by requesting either a dissolution or legal separation. Even though the marriage is considered invalid, depending on the facts of the case, you may still be treated like a spouse for the purposes of property and debt division, custody and support as if the marriage had been valid. The Process of Terminating a Marriage.

The process of divorce begins when you file your initial papers. The earliest possible date upon which marital status can be terminated is 6 months and 1 day after the Respondent was served with the Petition and Summons for dissolution. You will not receive a divorce Judgment just by filing and serving a Summons and Petition, or just by filing and serving a Response. Even if the no response is filed your divorce is not final. In some cases known as . Remember that this will not happen automatically - you and/or your spouse must continually work the case through to the Judgment stage.

You are not free to remarry until you are divorced. Common Questions. May I serve papers in my own case? No, you cannot serve papers in your own case.

Through this action, the Court will determine paternity (or non- paternity if the father is found not to be the biological father of the minor children), and make custody and visitation as well as child support orders. Once an action is filed by a Petitioner, the other party, Respondent, must be personally served with specific paperwork. If the Respondent fails to file the necessary responding paperwork within thirty (3. Petitioner may request the entry of default. Once the default is entered, the Petitioner can complete the paternity proceeding without the participation of the Respondent. If the Respondent files the necessary responding paperwork, the case will then proceed as either a contested matter or an uncontested matter.

The action is considered contested if the parties are unable to agree on some or all issues and the Court must resolve the unresolved issues. The action is considered uncontested if the parties are able to cooperate and agree on all issues outside of Court and the matter can proceed to its conclusion by submitting the necessary signed paperwork for the Court's signature. Child Custody and Visitation. Petition for Custody and Visitation. This action may be filed by married or unmarried parents to obtain custody and support orders without filing a dissolution of marriage/legal separation or nullity action, if the parents of the minor children are married, or without filing an action to establish a parental relationship, if the parents of the minor children are unmarried. This action is limited and can only be used in certain situations by a married or unmarried parent.

This action does not deal with property or marital status, if the parents are married, or establish a parental relationship, if the parents are unmarried. To address these other issues, the married parents would need to file an action requesting dissolution of marriage/legal separation or nullity action.

Unmarried parents need to file an action to establish the parental relationship. Before parents can address the issues of custody and visitation of their minor children, there must be an underlying action.

If the parents are married, either the mother or the father must first file an action requesting dissolution of marriage, legal separation, nullity or file the petition for custody and support of minor children's action. 100 Free Dating Site No Credit Card Needed. If the parents are unmarried, either the mother or the father must file an action to establish the parental relationship or file the petition for custody and support of minor children. Once an underlying action has been filed, the Court can address the issues of custody and visitation.

There are two types of custody, and the court needs to make orders concerning each type. Legal custody means, which parent, will have decision- making power over the child's health, education and welfare issues. The court can order that the parents have joint legal custody (meaning they have equal decision- making power), or the court can order that one parent have sole legal custody (the only right to make decisions about the child).

Physical custody means where (with which parent) the child will primarily reside. A court can order that both parents have significant time with the child. This can be called . The court could instead order that one parent will have physical custody, and the other parent will have visitation. The legal standard that the court uses to determine what type of custody orders to make in your case is the best interests of the child.

This is a flexible standard that allows each family's and each child's needs to be considered. In determining what is in the best interests of the child, the court may consider the health, safety and welfare of the child, the nature and amount of the child's contact with both parents, the habitual or continual illegal use of controlled substances or alcohol by either parent, and/or any history of abuse by one parent against any related child, against the other parent and/or against any person with which the parent has been romantically involved.