Divorce Law & Legal Services Frequently Asked Questions (FAQs)

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Divorce Family Law Frequently Asked Questions (FAQs)

Are Your Family Law Divorce & Mediation Services Still Available with COVID-19?

Yes, Absolutely!  Although the San Diego County and local Oceanside Family Court System is closed due to the COVID-19 Pandemic Lockdown, the Fischer & Van Thiel, LLP Family Law Firm is up, running, and are available for complimentary consultations including mediation services with you via phone, email or virtual meeting.

You can reach us by phone at (760) 722-7646 or by our Contact Us form for a consultation request and you can even schedule a Video Conference.

It is totally up to you, but just know that we are here and ready to help you and your family through these difficult times.

Can a Parent Withhold a Child during the COVID-19 Shelter in place?

The straight forward answer is Yes. All child custody and visitation orders that are already in place remain in full force and effect.

The Courts encourage parents to work together collaboratively, even during the COVID-19 Pandemic, to ensure that they are acting in the best interest of the minor children’s health, safety, and sharing the rights and responsibilities of raising their children.

You want to ensure that you follow the Centers for Disease Control (CDC) guidelines and the Governor’s orders meaning that you are limiting the possibility of exposure to your children and your family.  Read More

Do I need a Divorce Lawyer to File for Divorce?

The simple answer is no, you do not need a Divorce Attorney to File for Divorce, but knowing how to file for divorce with the associated divorce paperwork is not necessarily overly complicated for an uncontested divorce.

Divorcees and divorcers do not usually see the emotional responses that arise when negotiating Child Custody, Child Support, Marital Property Division, and many other issues that you could run into if you do not have an experienced Family Law Divorce Attorney representing your best interests should you Divorce Case move to a Family Law Divorce Court.

Fischer & Van Thiel, LLP’s best legal advice is to start a complimentary consultation with one of our Oceanside Family Law Divorce Lawyers to learn your legal rights and options to proceed with your potential divorce.

How do I find an Affordable Divorce Lawyer Near Me?

Finding an Affordable Divorce Lawyer near you is sometimes a difficult question, as the answer is not straight forward.

Your solution may be to do an Internet search for something like: ‘Best Divorce Attorney Near Me in Oceanside CA‘, if you live in Oceanside, California, but this isn’t truly accurate to the abilities of the Family Law Firms that you will find in a “Near Me” Search.

Fischer & Van Thiel, LLP’s advice would be to also do your own research into these Lawyers and Attorneys individually through Client Reviews on their websites, on other Legal Association Business Directories, and Social Media to get a wider view of the resulting quality of their services.

What is the “6-Month Rule” (Cooling-Off Period) for a California Divorce?

The “6-Month Rule” is known as a “Cooling-Off ” Period, and is a mandatory period before the legal status of a marriage can be terminated and the parties deemed divorced.

Family Code § 2339 states in pertinent part, “…no judgment of dissolution is final for the purpose of terminating the marriage relationship of the parties until six months have expired from the date of service of a copy of summons and petition or the date of appearance of the respondent, whichever occurs first”. 

Public policy favors the continuity of marriage, and this six month period is intended to give both parties an opportunity other avenues to divorce like Divorce Mediation Services to be sure their differences are truly irreconcilable and reconciliation is not possible.  Read More

How long does it take to get a Divorce if both Parties Agree in California?

The California Divorce Process will take at least 6-months from the date the person filing for divorce (divorcer) officially lets his or her spouse or domestic partner (divorcee) know about the divorce. Yet, the divorce case can take much longer, but it cannot be faster than the 6 months.

This 6-month divorce finalization period is a mandatory waiting period required by California Law so no couple can be divorced faster than 6 months. You should easily be able to get all your divorce paperwork turned in to the Family Law Court and get your divorce judgment approved, but the divorce itself will not be final until at least 6 months after starting the case.  Read More

Different Types of Divorce Proceedings

Depending on the circumstances of their unique situation, a couple may pursue a divorce in a number of different ways. At Fischer & Van Thiel, we handle them all.

Our Divorce Legal Service Team Assists Clients with the Following:

Collaborative Divorces
Contested Divorces
Uncontested Divorces
Divorce Modifications

Mediated Divorces
Simplified Divorces
Same-Sex Divorces
Military Divorces

No matter which of these types of divorce you feel is right for you, it is always best to have an experienced and knowledgeable Oceanside divorce attorney on your side, guiding you through the often frustrating divorce process and making sure your interests are represented every step of the way.

Causes of Irreconcilable Differences

“Irreconcilable differences” is a term used when neither spouse is at fault for a divorce. In many of these cases, the couple simply cannot agree on some fundamental issues and the spouses are subsequently struggling to maintain the foundations of their marriage.

Some of the issues that may lead to an irreconcilable differences divorce include:

Financial struggles
Physical separation
Disagreements overwork

Political differences
Religious differences
Domestic issues

Seeking the advice of a legal professional can help you better understand the many complexities associated with divorce and help ensure that your rights and interests are protected.

Contested Vs. Uncontested Divorce

An uncontested divorce in San Diego occurs when both parties agree on how they will settle the terms of their marriage.

Most often, couples will choose the option to save on time and expense, as it can help can help reduce the cost in comparison to divorce litigation.

Contested divorce, on the other hand, is often fraught with issues that can often be more highly disputable.

You may not be able to come to an agreement with your spouse, and thus it may require more time to define and pursue your goals.

Partnering with Divorce Lawyers who have expert experience understand the Family Law Legal System in San Diego County, who is attentive to your family’s needs, is always your best Legal Strategy. Give Fischer & Van Thiel a call at (760) 722-7646 or contact us for your complimentary consultation.

Local Service Area Customer Testimonial Reviews

Child Custody Legal Services Revew

"Thank you, Michael Fischer, you really are great at what you do."

"Going through a very stressful time Michael Fischer really helped me through it all. He helped me fight my case and took a lot of weight off my shoulders in order to get full custody of my son. He reported back to me all the updates with my case and ended up winning my case!

- Former Client, Oceanside California

Child Custody Legal Services

"Thanks, Thomas!"

"He was there every step of the way. Helped make this custody situation a little more bearable. Thank you, Tom and Linda."- Maria, Oceanside, CA

Divorce Legal Services

"They're very dependable, knowledgeable, and experienced."

"The Fischer & Van Thiel Firm is a great firm. They're very dependable, knowledgeable, and experienced. I definitely recommend them."

- Elizabeth G., Oceanside, CA

Family Law Legal Services

"This office is really good, thanks for everything."

- Patti A., Oceanside, CA

Divorce & Ongoing Family Law Services

"Friendly and knowledgeable — I highly recommend them!"

- Allison O., Oceanside, CA

Family Law Legal Services

"Friendly and knowledgeable — I highly recommend them!"

- Allison O., Oceanside, CA

Family Law Legal Services

"Fischer & Van Thiel is a very knowledgeable office and great to work with!"

- Chelsey G., Oceanside, CA

Why Choose Fischer & Van Thiel, PC

Experienced & Caring Family Law Attorney in Oceanside

  • Over 57 Years of Combined Legal Practice Experience

  • Available by Appointment, Phone & Video Consult

  • Complimentary 30 Minute Family Law Consultations

  • Committed to Protecting Your Rights & Privacy

  • Always Serving You & Your Children’s Best Interests

  • Affordable & Friendly Family Law Divorce Lawyers

About Our Law Firm

Contact Us Today! or Call Us at (760) 722-7646

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Do a search for "Best Family Divorce Attorney Near Me Oceanside" to find Us!  You Can Trust Us with Your Family's Best Interests.  Always!

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Oceanside, CA Office

Fischer & Van Thiel, PC
2424 Vista Way Suite 200
Oceanside, CA 92054
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Ph: (760) 722-7646

Oceanside Business Hours:

Mon-Fri:   8am - 5pm
Sat & Sun:   Closed