Divorce FAQs

• What happens to my child custody order if my spouse or I move to a different state or country?
• What rights am I entitled to in my divorce?
• How do you charge for your services and can I obtain representation if I don't have my own money?
• What are my rights in ending a common law marriage in California?

For over 23 years, the Law Offices of Barry Fischer has provided comprehensive legal support to clients in a wide range of family law matters, including interstate child custody disputes, community property division issues, and the division of property and debts for unmarried cohabitants.  As part of our commitment to client service, we have compiled this page to provide you with answers to frequently asked questions.  For more information or to schedule a free initial consultation, contact the Law Offices of Barry Fischer today.

Q.  What happens to my child custody order if my spouse or I move to a different state or country?

A. The Uniform Child Custody Jurisdiction & Enforcement Act (UCCJEA) governs certain state courts' abilities to make and modify child custody and visitation orders.  For those states that have implemented the UCCJEA, the courts must enforce the valid custody and visitation determinations made by their sister state courts.  The UCCJEA most often comes into play when a child shares time with both parents, but one parent moves to a different state (or country).

Under the UCCJEA, the court found in the child's "home State" will make the custody determinations.  The child's "home State" is generally considered to be the state where the child and parents currently reside, or where the child lived for at least six months before the custody action began.  However, if the child and child's parents no longer reside in the home state, a parent may be able to petition to have any modifications made in a new state court.

Q. What rights am I entitled to in my divorce?

A. In California, the general presumption is that all property acquired during a marriage is "community property," and should be split equally in the event of a divorce.  Community debts, or those liabilities incurred during the marriage, should also be split equally. 

The concept of community property was originally created to protect homemakers who contributed significantly to the marriage, but in a non-financial manner.  This means that stay-at-home wives and husbands earn as much in the way of income, assets, and real estate as the wage-earner spouse, and are entitled to their 50% share upon divorce.

Q.  How do you charge for your services and can I obtain representation if I don't have my own money?

A. The Law Offices of Barry Fischer charges an hourly rate in all family law matters.  However, clients do not necessarily need to have access to their own assets to pay for representation.  Although our clients range from middle class incomes to net worths in the tens of millions of dollars, it is not uncommon for one spouse to have held the power and control over finances throughout the marriage.  This type of situation often arises when one spouse owns a business or was the primary wage earner and the other spouse offered support from the home or earned much less.  Generally, the court allows a spouse without sufficient assets to file a lien on community or separate real property in order to pay for attorney fees.  In addition, a court may award attorney fees to a spouse who does not have an income, to be paid by the spouse with a sufficient income. 

Q. What are my rights in ending a common law marriage in California? 

The State of California does not recognize common law marriages and thus unmarried cohabitation alone will not confer rights or obligations on the cohabitants.  However, under a contract, fraud, or other theory, a right to support that is similar to spousal support may arise if there is an oral or written agreement between the parties to provide financial support or share earnings or properties.  An agreement of this type is known as a "Marvin".

Although California law does not provide for common law marriage, a valid common law marriage that arises in another jurisdiction may be treated the same as a valid marriage in California.  A couple ending such a marriage in California must undergo the traditional divorce process, just like any other marriage.

For more information on dividing assets under a "Marvin" arrangement, or for information on how your legitimate out-of-state common law marriage may be affected by California law, contact the Law Offices of Barry Fischer today for a free initial consultation.