Common questions

Straight answers to what clients ask most about custody, support and divorce in California.

  • Custody has two parts: legal custody, which is about major decisions like education, health and religion, and physical custody, which is about where the children live. Parents typically share joint legal custody, and courts generally favor both parents staying involved. What works for your family can often be agreed upon.

  • Not necessarily. A 50-50 schedule is one option, but joint physical custody can be arranged on alternating days, weeks or months, or in many other ways the parents agree to. Some families call it joint custody when the children spend significantly more time with one parent.

  • California is a no-fault state. A party only needs to state that irreconcilable differences have arisen. It does not matter who files, and the court can grant a dissolution even if the other spouse objects.

  • You cannot get a divorce in California in less than six months. If the parties agree, it can be done in six months. If you have complications and do not agree, it will take significantly longer. An average divorce takes at least a year. Generally, when you do not agree with the other spouse on how matters should be resolved, add six months to the original six for each of these complications: children, a business to divide, retirement plans, real estate, stocks and options with complicated plans, and issues of domestic violence. The more the parties agree upon, the quicker and less expensive the process will be.

  • California is a community property state. Property and debts acquired during the marriage and before the date of separation are generally community and are divided equally. Property acquired before marriage, after separation, or by gift or inheritance is generally separate and belongs to that spouse.

  • Spousal support is not a reward or a punishment. It helps a spouse in financial need, and it is based on a comparison of each spouse's net income. Judges consider local guidelines and the factors in Family Code section 4320, but the guidelines are discretionary, not fixed.

  • Child support is set by the court using guidelines that take both parents' circumstances into account. It can be changed or enforced later if circumstances change. Bring your situation to a consultation and Robin can explain what to expect.

  • Nothing. Robin offers a free half-hour consultation to new prospective clients, and all inquiries are strictly confidential.

  • Robin prepares and reviews prenuptial agreements. The law has specific requirements for these agreements to be enforceable. You can discuss this issue in depth at a consultation.

  • During a separation or while a dissolution is pending, it is advised that you seek advice from a tax accountant. You may also want to review your current estate plan to ensure that the person you wish to inherit in the event of your untimely death is the person you have selected.

  • This is always a tough question. It depends is Robin's standard answer. The least expensive dissolution she ever handled cost under $1,000. The parties agreed on everything and had no children or assets. The most expensive dissolution she ever handled involved Robin as the third attorney after the matter had been going on for three years. It involved three separate trials, a psychological evaluation, and a business and retirement plans to divide. By the end, Robin's client had paid a total of $200,000 in attorney's fees to the three attorneys. Robin's general hourly rate is $550 per hour, her paralegals' general hourly rate is $200 per hour, and the firm generally requires a $6,000 retainer.