Fischer & Van Thiel, LLP

Creating a child support agreement can be one of the most contentious issues in your divorce settlement. The court will take into account a wide range of factors when determining how much one spouse should pay to the other for the health, education, and well-being of their children. However, sometimes situations for either spouse change drastically, and the other spouse may request a change to the original child support agreement. For consultation call us at: 760-722-7669.

The process of dividing marital property begins with taking an inventory of all you, as a couple have acquired during the marriage. Anything you owned before the marriage and anything inherited during the marriage will not count as marital property. Being fair, open and honest during this time is the best path to take. If you have money socked away in a personal account, that money should be considered the property of both spouses. You may think you can get away with hiding m...Continue reading

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Dividing property between spouses can be a highly contentious issue that drags out the divorce process for an extended period of time. Most states follow the practice of equitable distribution, meaning that property is divided in a manner the court decides is fair, but not necessarily equal in financial worth. However, California is one of the few states that follow community property laws, which require a strict 50-50 division of property that is jointly owned between the spouses. Call us at 760-722-7669.

Following the conclusion of your divorce and the reaching of a settlement agreement, it sometimes happens that the agreement does not actually put into place. If your ex-spouse is causing delays in this process or acting in direct violation of the divorce decree, you need to take action immediately. Doing so is a vital step in protecting your rights and future. This is especially true in light of the fact that individuals can sometimes seek to have settlement agreements officially voided after the fact. Failing to abide by these court orders is a bad sign and should be addressed promptly and aggressively. For more information, visit our website at www.fandvt.com.

Domestic Violence thrives in silence. Break that silence and take an active part in your community to stop Domestic Violence. 13 Ways Any ADULT Can Make Ending Domestic Violence His or Her Business. 1. Cultivate a respectful attitude toward women in your family and at your workplace. Avoid behaviors that demean or control women. 2. When you are angry with your partner or children, respond with out hurting or humiliating them. Model a non-violent, respectful response to resolv...ing conflicts in your family. Call a domestic violence or child abuse prevention program for their help if you continue to hurt members of your family. 3. If you have a friend or co-worker who is afraid of her partner or who is being hurt, offer her your support and refer to the 24-hour, toll-free, National Domestic violence Hotline number at 1-800-799- SAFE (7233). 4. Learn about domestic violence services in your community. Contribute your time(volunteer!) resources, or money. Call 1-800-END-ABUSE to find out more. 5. Call the police if you see or hear violence in progress. 6. Talk to your friends and neighbors when they belittle women, make a joke about violence, or ignore a battered woman. 7. Ask you local government to collaborate with domestic violence programs to conduct a safety audit of your community. 8. Write to music producers, movie companies, Internet businesses, video game producers, and TV stations to speak out about violence against women. 9. Develop a women’s safety campaign in your workplace, neighborhood, school or house of worship. Build a consensus among your colleagues and neighbors that abusive behavior and language is unacceptable. 10. Bring together your local domestic violence program staff, parents, teachers, students, and school administrators to start a discussion about developing a school based curriculum on dating and family violence. 11. Ask that physicians and other health care professionals receive training about domestic violence and follow the diagnostic and treatment guidelines about domestic violence, child abuse, elder abuse developed by the American Medical Association. 12. Co-sponsor a citizens’ monitoring group with your local domestic violence program to insure that law enforcement officers, judges, and probation & parole personnel receive training about domestic violence and enforce the law. 13. EXAMINE YOUR OWN LIFE for violence and oppressive behaviors. Try to live a VIOLENCE-FREE life. Information provided by the National Resource Center on Domestic Violence and the National Domestic Violence Awareness Project.

Child abuse is any injury that is intentionally inflicted on a child by a caregiver or during discipline. Do you know what the warning signs of #childabuse are? Call us at 760-722-7669 for more information.

In most divorces, one spouse is caught off guard by the delivery of divorce papers. That is why it pays, to pay attention to warning signs your marriage may be over. Getting comfortable with the status quo and taking things for granted is one of the biggest mistakes married couples make. Below is a list of warning signs of a marriage in trouble. 1. You no longer, have anything in common: Do you and your partner spend hours together under the same roof, at social engagements ...Continue reading

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The Economics of Marriage & Divorce Infographic!!

If your married life is much beyond repair, it is better to consult a lawyer before it turns very late. However, before you take the major decision, you need to collect as much details as possible. Going through divorce is very challenging both mentally and emotionally. The process can go smoothly, if you know what actions to take. It’s hard for one to accept divorce especially if there are kids in the family. You’ll have to think of child’s custody, responsibilities, etc. Do...Continue reading

If you are considering adopting a child, our Carlsbad adoption lawyers are here to help you with every step of the process. Contact the law offices of Fischer & Van Thiel, LLP, today at 760-722-7669 to learn more about how we can assist with your case.

Question: Can a spouse successfully prevent a court from granting a divorce? The answer is no. California is a no fault state. The State legislature has decided that they do not want to compel people who do not want to be together to remain married. Further, we do not want people airing their dirty laundry in court because court is public record, and we certainly do not want our children to come back and read about our grievances years later. If one party says they do want to stay married and the other party says no, the no prevails and ultimately the dissolution will be granted. A party who does not want a divorce can choose not to participate, but the party wanting the divorce will proceed by what we call default and the divorce will be obtained anyhow.