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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

Can you get child custody with no job?

Can you get child custody with no job? Question Detail My husband is trying to control my every move. I want to leave but he said if I leave if can’t take my son because I don’t have a job. … Continue reading

What should our first step be in California if we are getting divorced?

Q:  What is the cost of a divorce in California? My husband and I have been separated, though not legally, for over 18 months. We want to begin the divorce process, but do not know what to do. We are … 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

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

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

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Divorce (25)

Is alimony only paid from husband to wife?

It is true that most alimony payments are from husband to wife, simply because men are traditionally more likely to be the wage-earner in a given marriage. However, the law itself makes no distinction between genders, and simply awards alimony … Continue reading

What are the requirements for filing for divorce or dissolution of marriage in California?

What are the requirements for filing for divorce or dissolution of marriage in California? At least one spouse must have lived in California for at least 6 months and in the county in which the couple is filing for at … Continue reading

If someone in the Army gets a divorce, will they have to pay a lot of spousal support?

If someone in the Army gets a divorce, will they have to pay a lot of spousal support? Question Detail My friend is thinking of divorcing his wife but he is scared that she will get everything. He is in … 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)

Is it necessary to be legally or officially separated before you get a divorce?

Is it necessary to be legally or officially separated before you get a divorce? Question Detail We just decided to get a divorce. We have been married and living together for two and a half years. We never decided to … Continue reading

What are the requirements for filing for divorce or dissolution of marriage in California?

What are the requirements for filing for divorce or dissolution of marriage in California? At least one spouse must have lived in California for at least 6 months and in the county in which the couple is filing for at … Continue reading

Is alimony only paid from husband to wife?

It is true that most alimony payments are from husband to wife, simply because men are traditionally more likely to be the wage-earner in a given marriage. However, the law itself makes no distinction between genders, and simply awards alimony … 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

401K plans and divorce

401K plans and divorce Question Detail If my spouse waives his right to my 401k plan, is there any circumstance that the court will still award him half or a portion of my 401k plan? Answer It is theoretically possible … 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)

If someone in the Army gets a divorce, will they have to pay a lot of spousal support?

If someone in the Army gets a divorce, will they have to pay a lot of spousal support? Question Detail My friend is thinking of divorcing his wife but he is scared that she will get everything. He is in … Continue reading

How can I get my husband to pay half of the divorce fees?

How can I get my husband to pay half of the divorce fees? Question Detail My husband abandoned me after 6 months of marriage. He was abusive and cheating. I let him have all the assets (which was not much…just … Continue reading

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

View category →

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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Testimonials

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    I was very happy with Mr. Fischer and his team! They helped me in a time of crisis and made sure the outcome was in my favor. Thank you s ...More

    Thomas Zachary
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    Thank you Mr. Fischer!!! I would and have recommended this Michael Fischer to friends. I had a very difficult divorce/child custody. He a ...More

    Elizabeth Mila
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    I was dealt with a man for over 2 years who was only concerned with breaking me and reducinghis support payments fo rhis children, Mr. Fi ...More

    David Sebastian
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    My wife and I started our divorce over two years ago, and I was at a stand still with my wife and my attorney at the time had no plan. I ...More

    Gabriel Dylan
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    I wanted to take a moment and thank Mike Fischer my divorce attorney for all that he did for me. He made a very difficult time much easie ...More

    Kaylee Victoria
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    Going through my custody battle was very emotionally trying. I was lucky to have choosen Fischer & Van Thiel to help me protect the m ...More

    Mithila Parker