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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)

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

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 Is Child Custody Decided?

How is child custody decided? Generally, parents will share joint custody of any children. If parents can agree on a parenting solution, a judge will generally let this plan become the custody agreement. If the parents cannot agree on a … Continue reading

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Child Support (3)

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

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

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Divorce (25)

I filed for divorce but now I want to stay married, what do I do?

I filed for divorce but now I want to stay married, what do I do? Question Detail I filed for divorce, filed the proof of summons, and now want to revoke the papers because we are going to stay married…my … 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

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

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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)

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

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

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

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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)

Am I entitled to any of my ex-spouse’s Social Security benefits?

After our divorce becomes final, am I entitled to any of my ex-spouse’s Social Security, retirement, or disability benefits? Anything that was accumulated before the date of separation is part of the common property of the marriage. However, anything after … Continue reading

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

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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)

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

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

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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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      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

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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

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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

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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

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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

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