Fischer & Van Thiel

Divorce is one of the most painful experiences any family can experience. It's not only the death of a marriage, but also the death of dreams and hopes, and can be more painful than physical death which at least has a finality to it. Of one thing we can be sure, however, even though God hates divorce (as well as everything else that is harmful to people), he loves divorced people and families and wants them to be healed and made whole. The healing or recovery process may not ...Continue reading

It probably is better to be alone than to be in an unhealthy and unhappy relationship. Being unhappy with someone can put a lot of stress on you, which is not good. Just because you leave one person, does not mean you won't find another! It is not bad to leave someone just because you have been with them for a long time. If it isn't working, and you're not happy in the relationship, and you believe there is no way to fix it, then don't stay in it. You'll probably just end up regretting putting yourself through that if you stay in the relationship. You might regret leaving them, but you will get over it.

At Fischer & Van Thiel - San Diego, CA, we realize that addressing any factors relating to the end of a marriage can be uncomfortable. We remain sensitive to that as we guide you through these necessary steps and seek to protect your financial future. Although we are prepared to take any actions necessary to achieve the required outcome, we can also work with diplomacy and respect for the other party. For more details, visit: www.fischervanthiellaw.com

To release conflict and experience harmony during divorce it is important to realize that you have a choice, that you are responsible for your own emotional life. Your ex may have an attorney who is hell-bent on making your divorce adversarial. Your ex may be unable to treat you in a civil manner, neither of those things matter when it comes to choosing how you respond. Below are 8 keys to remaining emotionally calm during the adversity of divorce: 1. Remain Civil: An angry e...Continue reading

What is your lesson of life?

The Benefits of a Prenuptial Agreement Prenuptial agreements, though seemingly negative, are actually quite practical documents. They can serve a married couple well, even if they never divorce. For them to be well-written, fair, and helpful, both people must be honest and open to discussing their financial matters before they marry. Typically, prenuptial agreements will do the following: Outline how a couple’s assets will be used during the marriage... Cover all contingencies and the division of assets in the unfortunate case of dissolution Allow each person to preserve family inheritance and ties Facilitate sound financial discussion and bring to light any disagreements before the wedding Protect the financial security of any children from former marriages Define how assets will be distributed to the spouse and to dependents in the case of a death If you would like to explore the option of a prenuptial agreement, call the San Diego prenuptial agreement lawyers of Fischer & Van Thiel today at 858-935-6211.

To move on after divorce you need to be open to new experiences, new ways of looking at things and new relationships. You need to take an active role in rebuilding your life, not sit and wait for a new life to come to you. It isn't a good idea to force yourself to do things before you are reading. There are steps you can take to plant the seeds of a new life and cultivate them into a better existence. Here are some suggestions on how to get started. 1. Have a positive attitud...Continue reading

Independence Day is a day of family celebrations with picnics and barbecues, showing a great deal of emphasis on the American tradition of political freedom. But Independence Day signifies so much more. It not only honors the birthday of our country, but the adoption of the Declaration of Independence which tells us that we are all "created equal."

How to Handle What No One Tells You About Divorce: 1. The danger in not knowing and expecting the realities of divorce only keeps you stuck in a state of disbelief when those realities become part of your daily life. So, don’t allow yourself to go through a divorce unless you are armed with knowledge about what divorce is and can become. If you read something negative about the consequences of divorce, don’t throw on your shroud of, that only happens to other people. Instea...d, take it to heart. 2. During divorce, people will shun you and even your best friends will take sides and it won’t always be your side. Let them! It’s of no consequence when it comes to how you choose to live your life. Focus on the people who supported you during this painful period in your life, not the ones who turned their backs. That is a more productive use of your time. 3. Divorce means experiencing loss, it’s the death of your marriage. You must learn to adapt to and adjust to that loss and grieve in a healthy manner. First you must grieve and sit with the loss. If you are unsure how to do that, Google, grief after divorce. There are over 30 million articles and books available for those who are coping with the grief of divorce. Find an article or book that brings you comfort, join a local support group or reach out to friends and family. The key is to admit your vulnerability and be willing to reach out for help. 4. Yep, everything can be shitty after a divorce. And when it is, you can feel powerfully vulnerable. Divorce forces people to change when all they want to do is escape the pain. Divorce turns everything upside down. You have to redefine who you are and what you want out of life. When you are in pain and seeking comfort from that pain it can be hard to focus on the one thing that will relieve the painembracing the change. Making those necessary changes is the only thing that will take away the shitty feelings that pop up during and after divorce. 5. Your lawyer isn’t going to tell you how long the legal process of divorce will take. There are legal guidelines but those can be tossed out the window because, the longer a divorce takes, the more money your lawyer will make. So, here I am, telling you, if you don’t become a proactive part of your legal divorce you will look back in disbelief at how long it took.

The weekend is upon us, and I think we should all take time to do the things we love and be around our most cherished #family and friends! Have a great #weekend everyone.

The main reason you need to plan your estate is to make sure your money and assets are inherited by the people you want to receive them. Another important reason is to make sure they attract as little tax as possible. Your will plays a large part, so you need to make sure it is up-to-date, and correctly reflects your wishes. Even if you don't have many assets, having a will can save your beneficiaries, family and friends a lot of trouble and heartache. Otherwise it could take... months to sort out your affairs. Things to consider when drawing up your will include: 1. How to put your will together - the safest way is through a reputable solicitor experienced with drafting. 2. Choose an executor and ask them beforehand if they are happy to do it. 3. Put together an information sheet listing all your investments and valuable assets. This can make your will much easier to administer. 4. Include clear instructions for how you wish the assets and/or property to be administrated. 5. Funeral arrangements - organising funerals can be traumatic so the more instructions you leave the easier it should be for your family. 6. Decide if you want to leave your body to science or donate your organs. 7. Keep your will in a safe place but where it can be easily found if needed. Some things to consider outside your will: Superannuation - You should consider giving a binding or non-lapsing death nomination to the trustee of your superannuation fund. Small business or partnership -This may be subject to a buy/sell arrangement with the other partners. In these circumstances your share of the business would automatically pass to the remaining partners (usually in exchange for the proceeds of an insurance policy). Power of Attorney - This is a legal document that appoints another person to make legal and/or medical decisions on your behalf. It is particularly useful should something happen where you are temporarily unable to sign documents, such as a bad accident. Do you need a Testamentary Trust? -This is a trust created in a person's will, which is activated upon the death of that person. Instead of assets passing directly from one person to another, the assets are passed to the Testamentary Trust and then administered by the designated trustee - usually a family member, a trustee company, accountant or a solicitor. Estate planning can be complex and it's a good idea to seek the professional advice and assistance of both a financial adviser (who understands the intricacies of superannuation) and a solicitor experienced in such matters.

Dividing marital property is one of the very important step during divorce process. Once you’ve handed over proof of income, proof of debt and proof of all owned and acquired during the marriage you will begin the process of dividing property. As you may already know property is classified as either marital or non-marital property. How property is divided depends on the state you reside in. Most states divide property equitably but that are some states that are community prop...erty states. Things that are taken into consideration are whether the property was obtained before the marriage or during the marriage and whether the property was given as an inheritance or a gift to one of the spouses. If spousal support or division of retirement benefits is an issue you will also need to take into consideration the future earning potential of each spouse, any tax consequences and of course whether or not there was a prenuptial agreement.

Love your #Dad and treat him with loving care...For you will only know his value when you see his empty chair. #Happy Father's Day!