Attorney Michael Fischer A Guide to Divorce for Military Personnel

Divorce for military families is quite a different experience in comparison to what happens with civilian families, and that is something that most people in the military about to participate in a divorce often discover much too late.

For a start, it’s going to make a very big difference if your job is directly related to combat or combat support, particularly if you are currently deployed in a war zone or if you were recently deployed. For those on deployment, you may have to undergo a Combat and Operational Stress Control (COSC) assessment. When you apply for leave due to a family emergency of any kind, including divorce, the COSC assessment is normally a mandatory requirement before leave will be granted.

The exception might be personnel who are stationed far from a combat area and who do not participate directly in combat or combat related duties. Even then, some types of work such as medical personnel who regularly provide medical treatment to grievously wounded combatants, or air traffic controllers who communicate with combat air crews, possibly would not be exempted and may require COSC screening prior to being granted leave.

There’s a lot of technical stuff that is attached to the COSC process, but what it essentially all boils down to is that the military services want to be certain that you’re not crazy enough as a result of combat stress to do harm to yourself or to others. If they believe that you are at risk of experiencing a Combat Stress Reaction (CSR), you can be denied leave indefinitely.

That is just one example of the many factors military families will face when contemplating or engaging in divorce. Things like this can create complications which civilians families don’t have to deal with.

California has a large population of military families, particularly in the areas of San Diego, Carlsbad, and Oceanside. Finding a divorce lawyer, of course, should be a top priority. This is certainly not a task you’ll want to trust just any lawyer with. They need to have demonstrable track record in resolving military divorces.

Local law firm Fischer & Van Thiel is one of the most highly recommended, due to their extensive experience in the field of military divorce. They have helped many families work through the complexity of the military divorce process.

Unlike a civilian divorce, a military divorce requires more careful planning, especially if timing is going to be a critical factor. For example, if you are on mid-tour leave or if you are between active deployments, you will most likely have a limited amount of time available for dealing with your divorce matters.

This is why it’s always best to work with attorneys who really understand the needs of those who are serving in the military, and who can provide you with the best experience and advice based on their knowledge of military, state and federal law. That’s the kind of assurance you need.

Attorney Craig VanThiel Looking for an Oceanside divorce lawyer?

Somehow most of us never see divorce coming until it’s staring us right in the face, impossible to avoid. Consequently very few people are actually prepared in advance for what’s going to happen next once that divorce process starts rolling along. Of course the person who initiates the divorce has a slight advantage, because there’s no element of surprise to catch them unawares.

Being prepared is a really essential. At every stage of the divorce process, you need to be performing at your optimum level. Now, that’s very easy to say, but when you take into account the emotional strain that usually accompanies divorce, coupled with serious concerns about finances and throw maybe just a little anger into the mix for good measure, in practice not everyone can play a steady hand in the court room. Having a lawyer is definitely going to be a big help to you, because the lawyer assumes the responsibility for getting things done.

Actually, for you, the best thing is to give your best impression of the “strong silent type”, because what ruins people’s chances is usually that they say too much, or they say it in the wrong way. Letting your lawyer handle it all is the sensible way to go.

The standout Oceanside divorce lawyers are Fischer & Van Thiel, a team with an excellent track record of helping clients in the Oceanside area to get favorable divorce settlements. Having your case handled by expert divorce attorneys is what can make all the difference between winning and losing.

Even if you think that your divorce is going to go smoothly and that there’s no way your ex would try to pull a fast one, you’d be amazed how often double-crosses occur. People come to agreements between themselves and then walk away satisfied that the other party will keep their word.

Well, hey… big news, but marriage vows are about the strongest sort of promise anyone can make, and if somebody is prepared to break those, then it’s not much of a jump to believe they might backslide on a deal concerning the divorce, particularly when it comes to division of assets or who gets custody of the kids.

So it pays to be cautious with how much you’re going to trust the person who is about to put asunder what they once swore to uphold forever, or at least for as long as you both shall live. That doesn’t sound like a very good basis for trust. That doesn’t mean divorce is wrong. In fact sometimes it is very right, perhaps the most correct action you can possibly take. It’s just that once you take the plunge, you can’t be doing things by half measures. You have to make a full commitment, and that certainly includes a dissolution of trust between the two of you, at least until after the dust has settled on the divorce.

Instead put your trust in your lawyer and be sure to tell them everything that could be helpful to having the divorce resolved in a way that is fair and favorable to you.

American TV personality Khloe Kardashian filed for divorce from her husband, National Basketball Association player Lamar Odom, in mid-December.

Kardashian and Odom, who have been married since September 2009, which was a month after they met, have rarely been seen together since August, when Odom had legal troubles involving a DUI and alleged crack use.

Kardashian cited irreconcilable differences as the reason for her divorce petition. She is also said to not be asking for or wanting to pay alimony.

Our attorneys at Fischer & Van Thiel, LLP, are prepared to help anyone in Oceanside seeking to get a divorce. We have the resources and knowledge to help you protect your interests and rights.  Call 760-722-7646 to discuss your situation and find out how we can help you throughout the divorce process.

After more than 12 years of marriage, Hollywood celebrities Courteney Cox and David Arquette are now officially divorced.

The couple’s long divorce proceedings were finally ended after a Los Angeles county judge approved their case on Tuesday, May 28. Due to confidentiality, details of the divorce were not released.

The two first met in 1996 on the set of the 3-part horror movie “Scream,” in which they were both starring. They got married the same year and had a daughter before parting ways in October 2010.

It was on June of 2012 when Cox and Arquette filed for divorce, and after 6 months on December 31, they legally separated.

Going through a divorce can take a considerable amount of time, money, and effort before it can be finalized. To help you get through your divorce as conveniently as possible, get in touch with the lawyers of Fischer & Van Thiel, LLP, today at 760-722-7646.

GIFlogoColorSmallDivorce (also called “dissolution ”) completely ends your marital relationship and restores your single status,

 

Legal separation, on the other hand, is an alternative to people who can no longer live together, but for whatever reason do not want to end their marriage. The process of legal separation does not end the marital status and a legally separated individual cannot remarry without obtaining divorce.

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The same as for divorce, to obtain legal separation you have to petition the court, file the appropriate forms, pay the filing fees and resolve all of the marriage related issues, including but not limited to property division, child custody and visitation, and child and spousal support.  Please note, that just living apart does not constitute legal separation.

Usually couples choose legal separation over divorce for religious reasons or for health insurance or other benefits that would become unavailable in case of divorce.  In addition, when the couple is unsure about going separate ways, legal separation allows couples time apart, away from the conflict of the marriage to decide if divorce is what they truly want.

Often Legal separation is used as an estate planning tool.  For example a happily married couple find that one of them has an illness and is incurring substantial medical expenses might get a legal separation so that the assets of the healthy spouse do not become subject to creditor claims against their assets for the bills of the sick spouse.

Also, to file for divorce in California you have to reside in the state for at least 6 months, and in the county where you plan to file for the last 3 months. These residency requirements don’t apply to legal separation. Thus, you can file for legal separation first and then amend your petition to file for a divorce once you have resided in the county for 3 months.

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