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 (10)

Can I be denied custody or visitation with my children?

Can I be denied custody or visitation with my children? 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, … Continue reading

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How is legal custody different from physical custody?

How is legal custody different from physical custody? If you are a party to a recent or currently pending divorce and have children, you are probably familiar with the terms legal custody and physical custody. However, many people don’t know … Continue reading

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My ex is planning to move how will visitation work?

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

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Child Support (2)

How is Child Support Calculated?

How is Child Support Calculated? 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 … Continue reading

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Can parents create their own agreement for child support?

Can parents create their own agreement for child support? 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 … Continue reading

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Divorce (21)

If I move out of state, who pays the travel expenses for visitation?

If I move out of state, who pays the travel expenses for visitation? California’s family courts work to ensure that children have “frequent and continuing contact with both parents” after a divorce or separation. Often the issue of travel expenses … Continue reading

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How is Child Support Calculated?

How is Child Support Calculated? 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 … Continue reading

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My ex is planning to move how will visitation work?

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

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Family Law (30)

Can we modify our custody agreement if things change?

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 can help … Continue reading

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What is a Prenuptial Agreement and Who Needs It?

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, and more … Continue reading

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Will my children be taken from me if I get divorced an am not a citizen?

I am not an American citizen. Will my children be taken from me if I get divorced? California law explicitly states a parent’s immigration status is not a factor when a judge decides a child custody matter. The state’s family … Continue reading

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Mediation (1)

What are Collaborative and Mediated divorces?

What are Collaborative and Mediated divorces? 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 … Continue reading

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Military Divorce (5)

What is the Uniformed Services Former Spouses’ Protection Act?

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 … Continue reading

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

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

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

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

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Move Away (2)

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

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 … Continue reading

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My ex is planning to move how will visitation work?

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

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Pre/Postnuptial Agreements (1)

What is a Prenuptial Agreement and Who Needs It?

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, and more … Continue reading

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Property Division (4)

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

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

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What happens with our pets during and after the divorce?

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? A: For some couples, pets are an integral part of the family, but they can be … Continue reading

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What is the Uniformed Services Former Spouses’ Protection Act?

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 … Continue reading

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Spousal Support / Alimony (2)

My husband cheated. Will I get extra spousal support?

My husband cheated. Will I get extra spousal support? 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 … Continue reading

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

In a California divorce, what is the date of separation and why is it important? 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 … Continue reading

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Women's Rights (1)

When can desertion be claimed in a marriage?

When can desertion be claimed in a marriage? 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 … Continue reading

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