Frequently Asked Questions

Divorce law can be a complex topic for those unfamiliar with the field. At the law firm of Fischer & Van Thiel, LLP, we have taken it upon ourselves to ensure that you are familiar with each issue that arises in a divorce.

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Pre/Postnuptial Agreements (2)

What is a Prenuptial Agreement and Who Needs It?

 Mike’s Answer: What is a Prenuptial Agreement? From rap songs to chitchat around the water cooler, you may have heard the word “prenup” being thrown around, especially if a wedding is on your horizon.  But what exactly is a prenup,…

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Child Custody (10)

Can we just settle our custody issues without going to court?

 Mike’s Answer: Yes. Your divorce will have to go through the legal process but you do not have to rely on a judge to decide personal family matters for you. If both parents can agree on an amicable parenting plan…

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Can each child live with a different parent?

 Mike’s Answer: The courts prefer that parents agree to an amenable custody schedule between themselves. The courts do not like to intervene in intimate family relationships and if it makes sense to both parents for one child to be with…

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Can we modify our custody agreement if things change?

Craig’s Answer: Circumstances change and the legal system recognizes this. If you and your ex have experienced life changes that are impacted by an inconvenient custody arrangement, you can work cooperatively to modify the agreement. The courts and your attorney…

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Divorce (36)

What is a Family Care Plan for Child Custody in a Military Divorce?

 Mike’s Answer: As with normal civilians, military couples are presented with child custody issues if they are seeking dissolution of marriage. Members of the military are aware that active duty often requires time away from home due to deployments, training…

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What is simplified divorce?

Craig’s Answer: A simplified or summary dissolution in California is a type of divorce that is usually the quickest and easiest if the details of your situation can meet the standard requirements. Simplified divorces are limited to those without children,…

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How is Child Support Calculated?

 Mike’s Answer: A divorce is complicated enough on its own, but when children are thrown into the mix, the emotional and financial elements are heightened even more. If you’re going through a divorce, both parties might be wondering how much…

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Spousal Support / Alimony (6)

What is the date of separation and why is it important?

Craig’s Answer: The date of separation has significant legal consequences in divorce cases because California courts use this date to determine the respective spouses’ property interests. California is a community property state, which generally means that the property that the…

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My husband cheated. Will I get extra spousal support?

Craig’s Answer: In many California marriages there are unfortunately issues of discovered adultery by one party. If you are involved in a situation regarding a cheating spouse, you should educate yourself on your options in this incredibly difficult time in…

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Move Away (2)

My ex is planning to move across the country after the divorce. How will visitation work then?

Craig’s Answer: Because you and your soon-to-be ex-spouse know that the move will happen soon after the divorce is finalized, a visitation schedule for this scenario should be included in the divorce agreement. Doing so now will save you from…

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Can I move out of state with the children? Do I have to have an Order?

An out-of-state move can result in a much superior situation for children in a divorce, but can also cause numerous issues should the other parent fail to give their consent for a move. The primary concern of a judge is…

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Property Division (4)

What happens with our pets during and after the divorce? What if I don’t trust the other side to take proper care of them?

 Mike’s Answer: For some couples, pets are an integral part of the family, but they can be another source of contention during a divorce. Under the law, pets are considered property, and they are essentially treated no different from a…

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What is the Uniformed Services Former Spouses’ Protection Act?

A couple filing for a military divorce has many facets to consider. With the marriage to a member of the military come many rights, protections and benefits. In June of 1981 the U.S. Supreme Court ruled that treating military retired…

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Will I Be Responsible for My Husband’s Business Tax Debt?

Craig’s Answer: We have a lot of tax debt incurred during the marriage due to my ex’s business. Will I still be responsible for it after the divorce? Nobody wants to pay for a debt that they are not responsible…

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Women's Rights (1)

When can desertion be claimed in a marriage?

Craig’s Answer: Desertion or abandonment is a term used when a spouse believes their spouse has left or essentially deserted the marriage. Desertion may be claimed if a spouse abruptly leaves the marriage without explanation, reasoning or notification. Due to…

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Mediation (1)

What are Collaborative and Mediated divorces?

 Mike’s Answer: Collaborative or mediated divorce are an alternative to the standard divorce process and provides a way for parties to avoid litigation. The divorce process can be incredibly stressful, and emotionally and financially draining. Collaborative or mediated divorce can…

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Family Law (51)

Can I be denied custody or visitation with my children?

Craig’s Answer: In most cases it is uncommon for a parent to be denied any access to their children. Only in extreme circumstances where a parent has been involved in criminal activity, drug use, alcoholism or sexual abuse, will custody…

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What is a Family Care Plan for Child Custody in a Military Divorce?

 Mike’s Answer: As with normal civilians, military couples are presented with child custody issues if they are seeking dissolution of marriage. Members of the military are aware that active duty often requires time away from home due to deployments, training…

Read More

What is a Prenuptial Agreement and Who Needs It?

 Mike’s Answer: What is a Prenuptial Agreement? From rap songs to chitchat around the water cooler, you may have heard the word “prenup” being thrown around, especially if a wedding is on your horizon.  But what exactly is a prenup,…

Read More

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Military Divorce (9)

What is a Family Care Plan for Child Custody in a Military Divorce?

 Mike’s Answer: As with normal civilians, military couples are presented with child custody issues if they are seeking dissolution of marriage. Members of the military are aware that active duty often requires time away from home due to deployments, training…

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What is the Service members Civil Relief Act (SCRA) in a Military Divorce?

 Mike’s Answer: The SCRA was enacted in order to help protect service member’s rights if and when they are called to active duty. It protects regular service branch members, in conjunction with members of the Coast Guard serving on active…

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What is the Uniformed Services Former Spouses’ Protection Act?

A couple filing for a military divorce has many facets to consider. With the marriage to a member of the military come many rights, protections and benefits. In June of 1981 the U.S. Supreme Court ruled that treating military retired…

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Domestic Violence (6)

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Stop Harrasment (6)

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Restraining Orders (6)

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Child Support (2)

Can parents create their own agreement for child support?

 Mike’s Answer: Yes, parents can stipulate their own agreement regarding child support, but it must be approved by the court. In order for the court to consider reviewing the agreement, it must meet the following guidelines: There must already be…

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How is Child Support Calculated?

 Mike’s Answer: A divorce is complicated enough on its own, but when children are thrown into the mix, the emotional and financial elements are heightened even more. If you’re going through a divorce, both parties might be wondering how much…

Read More

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