FAQs

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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Child Custody (13)

What if my wife abducted my children?

Q:  My common law wife of 23 years abducted our 6 year old son 600 miles away (in state) without my consent. I filed a missing persons report with the police and they have not responded. What should I do? … Continue reading

Is the opinion of the child ever taken into consideration in a divorce?

Is the opinion of the child ever taken into consideration in a divorce? Answer Typically the Courts will take the child’s opinion into consideration at the age of 12. There is no set age, it depends on the maturity level … Continue reading

My wife is accusing me of molesting our son, what do I do?

Q:  My wife is accusing me of molesting our son, what do I do? Answer: These are very serious allegations that your wife is making. I would not make any statements to the police unless you have an attorney present. … Continue reading

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Child Support (3)

Can I get child support if I am not getting a divorce?

Can I get child support in California if I am not getting a divorce? Question Detail I have been separated for two years from my wife, and my kids live with me. Can I get support without filing for divorce … Continue reading

Can both parents agree to stop child support?

Can both parents agree to stop child support? Question Detail The custodial and non custodial parent agrees that child support should be stopped. Is this possible? Answer Yes, both parties can sign a stipulation stating that no child support will … Continue reading

How can she get child support?

How can she get child support? Answer In addition to filing for dissolution, she can file a motion with the court requesting child and spousal support. If she is unable to afford the services of an attorney, she can contact … Continue reading

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Divorce (25)

Is there an advantage in filing for divorce first?

Q:  Is there an advantage in filing for divorce first? Answer: There is no specific advantage for filing first, but filing in general will give you an advantage. By filing for divorce it puts a restraining order on the community … Continue reading

How Can I Prove My Spouse Is Incurably Insane?

How Can I Prove My Spouse Is Incurably Insane? Filing for divorce on the grounds of incurable insanity is a challenge due to the fact that the burden of proof lies on the spouse filing for divorce. In order to … Continue reading

What rights do I have regarding a house that is owed jointly after our divorce?

Q:  What is the determination concerning what rights do each of us have as far as allowing others (her 22 year old son) to live in our house? Thank you. We divorced but own a house together. She has allowed … Continue reading

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Domestic Violence (1)

How do I protect my children and me, as well as our rights, from my husband in California?

How do I protect my children and me, as well as our rights, from my husband in California? Question Detail My husband was verbally and physically abusive towards my children and me. My friends and neighbors have documented this activity. … Continue reading

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Enforcement (1)

Is there a statute of limitations on owed child support?

Question: Is there a statute of limitations on owed child support? Question Detail An ex lover of mine (20 years ago) just approached me out of nowhere about getting tested to see if her son is my child. He is … Continue reading

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Estate Planning (1)

What can we do to help someone who skipped from probation in California?

Q:  What can we do to help someone who skipped from probation in California? Question Detail We have a friend who has skipped out on her probation on a mental-drug program. What should she do to minimize her difficulties? Answer … Continue reading

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Family Law (38)

Can I start the proceedings for a divorce even though we are in the middle of filing a bankruptcy jointly?

Can I start the proceedings for a divorce even though we are in the middle of filing a bankruptcy jointly? Question Detail I badly want to get my divorce done but I am in the middle of filing a joint … Continue reading

My wife is accusing me of molesting our son, what do I do?

Q:  My wife is accusing me of molesting our son, what do I do? Answer: These are very serious allegations that your wife is making. I would not make any statements to the police unless you have an attorney present. … Continue reading

How do I get custody of my children again?

How do I get custody of my children again? Question Detail Two years ago I was at my now ex’s house with my two children when a raid took place for marijuana. I was clueless to the fact that he … Continue reading

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Move Away (1)

When parents have joint custody, do both need to approve of a child moving out of state for school?

Q:  When parents have joint custody, do both need to approve of a child moving out of state for school? Answer In a situation like this, you can request an order from the Court allowing your child to attend the … Continue reading

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Paternity (1)

What if my wife abducted my children?

Q:  My common law wife of 23 years abducted our 6 year old son 600 miles away (in state) without my consent. I filed a missing persons report with the police and they have not responded. What should I do? … Continue reading

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Property Division (5)

Will the bank accounts of the children be considered community property in a California divorce?

Q:  During a divorce and separating finances, will the joint bank accounts with just me and the children be split as community property? Or will they remain untouched? Main concern that the savings I, alone created for the kids have … Continue reading

Will a divorce court do an investigation to determine my asset?

Q:  Will a divorce court do an investigation to find out which assets I have in California? For instance, could they find out that I have a 401k? Answer: The court itself does not do an investigation to find out … Continue reading

What rights do I have regarding a house that is owed jointly after our divorce?

Q:  What is the determination concerning what rights do each of us have as far as allowing others (her 22 year old son) to live in our house? Thank you. We divorced but own a house together. She has allowed … Continue reading

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Restraining Orders (1)

How do I protect my children and me, as well as our rights, from my husband in California?

How do I protect my children and me, as well as our rights, from my husband in California? Question Detail My husband was verbally and physically abusive towards my children and me. My friends and neighbors have documented this activity. … Continue reading

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Spousal Support / Alimony (6)

Is there a statute of limitations on owed child support?

Question: Is there a statute of limitations on owed child support? Question Detail An ex lover of mine (20 years ago) just approached me out of nowhere about getting tested to see if her son is my child. He is … Continue reading

Can you change the determinations made in a divorce if circumstances change?

Can you change the determinations made in a divorce if circumstances change? Question Detail If someone uses the same divorce attorney and the divorce becomes final, can the terms be changed later? For instance, they said they would share custody … Continue reading

What Is Rehabilitative Alimony?

Q: What is rehabilitative alimony? A: Rehabilitative alimony is a type of spousal support intended to help one spouse regain his or her financial and economic footing in the wake of a divorce. Rehabilitative alimony is usually awarded until certain … Continue reading

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Wills (1)

What can we do to help someone who skipped from probation in California?

Q:  What can we do to help someone who skipped from probation in California? Question Detail We have a friend who has skipped out on her probation on a mental-drug program. What should she do to minimize her difficulties? Answer … Continue reading

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