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The Law Offices of Andrea Schneider The Law Offices of Andrea Schneider
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FAQ

  • DUI and Criminal Defense

    • What should I do immediately after a DUI arrest in California?
      One of the most time-sensitive steps is contacting the DMV within 10 days of your arrest to request a hearing and stay of license suspension. If you do not request a hearing within that window, your temporary license will expire after 30 days and your license will be automatically suspended. Attorney Schneider can contact the DMV on your behalf, schedule the hearing, and represent you through both the DMV proceeding and the criminal court case.
    • What is the difference between expungement and a Proposition 47 reclassification?
      Expungement removes a conviction from public criminal records, which can make it easier to obtain employment, housing, or financial assistance. To qualify, the individual must have completed probation and not be currently charged with or serving time for another offense. Proposition 47, passed by California voters in 2014, allows certain felony convictions for drug possession and low-level theft offenses to be reclassified as misdemeanors. Individuals still serving time under a felony conviction that now qualifies as a misdemeanor may petition for re-sentencing. Attorney Schneider can evaluate whether either option applies to your situation.

  • Restraining Orders

    • What types of restraining orders are available in California family law cases?

      California courts can issue several types of protective orders, including:

      • Personal conduct orders prohibiting contact, threats, stalking, harassment, and assault
      • Stay-away orders requiring the restrained person to remain at least 50 to 100 yards from the protected person's home, workplace, or a child's school or childcare location
      • Residence exclusion orders requiring the restrained person to vacate a shared home (available in domestic violence and dependent adult abuse cases)
      Attorney Schneider offers free consultations for individuals seeking or responding to a restraining order.

  • Spousal Support

    • How does a California court decide whether to award spousal support?
      Courts consider a range of factors, including the length of the marriage, the standard of living established during the marriage, each spouse's income and earning capacity, the age and health of both parties, whether one spouse's career was affected by serving as the primary caregiver for children, whether one spouse supported the other in obtaining a degree or professional license, any history of domestic violence, and the tax implications of any support arrangement.
    • How long does spousal support last?
      For marriages lasting 10 years or less, support is typically awarded for approximately half the length of the marriage. For marriages that lasted longer than 10 years, the court may choose not to set an end date, leaving the arrangement open for future modification. Every case is different, and actual duration depends on the judge's evaluation.

  • Child Support

    • How is child support calculated in California?
      California uses a statewide guideline formula that takes into account each parent's income, the amount of time each parent spends with the child (timeshare), the number of children, health insurance costs, and certain tax considerations. Judges use a state-approved software program to calculate guideline support. Parents may negotiate a different amount in some circumstances, but any agreed-upon amount must meet or exceed the child's actual needs to receive court approval.
    • How long does child support last in California?
      Child support is generally required until the child turns 18, or until age 19 if the child is still enrolled in high school full-time and living with a parent. Support may continue beyond these ages only in limited circumstances, such as when a child has a disability that prevents financial independence.
    • Can a child support order be modified after it is issued?
      Yes. Either parent can request a modification if there has been a meaningful change in circumstances, such as a significant change in income, job loss, the birth of another child, changes in custody or timeshare, or changes in the child's healthcare or educational needs. A formal modification request must be filed with the court; informal agreements between parents are not enforceable.
    • What happens if a parent does not pay court-ordered child support?
      Non-payment of child support can lead to serious legal consequences in California, including wage garnishment, bank levies, property liens, interception of tax refunds, suspension of a driver's license, and restrictions on passport renewal. The San Diego County Department of Child Support Services can assist with enforcement, and Attorney Schneider can help parents pursue or respond to enforcement actions.

  • Child Custody

    • How does a California court determine child custody?

      Courts in California base custody decisions on the best interests of the child. Judges consider a range of factors, including:

      • The child's age and overall needs
      • The health, safety, and welfare of the child
      • The amount of contact each parent currently has with the child
      • Any history of domestic violence or criminal conduct
      • Possible substance abuse by either parent
      • The child's own wishes, particularly for children 14 and older
    • What is the difference between legal custody and physical custody?
      Legal custody refers to the right to make important decisions about a child's education, medical care, and religious upbringing. Physical custody refers to where the child lives. Both types of custody can be sole (granted to one parent) or joint (shared between both parents). These designations can be mixed. For example, parents may share legal custody while one has primary physical custody.
    • Is California considered a "mother's state" or a "father's state" for custody purposes?
      Neither. California law does not favor either parent based on gender. Both mothers and fathers have equal rights to seek legal and physical custody. For fathers, establishing paternity is an important first step if it has not already been legally confirmed, either through a Declaration of Paternity signed at the hospital or a formal paternity action filed with the court.
    • What is Family Court Services, and is mediation required in custody cases?
      Family Court Services (FCS) is a San Diego County program that provides mediation for parents who cannot agree on custody or visitation arrangements. In San Diego County, if parents cannot reach a custody agreement on their own, attendance at FCS mediation is required before the court will schedule a contested hearing. If the mediator cannot help both parties reach a full agreement, the mediator will make recommendations to the judge based on what they think is best for the child/children. Attorney Schneider prepares clients thoroughly for FCS sessions.
    • Can a parent relocate out of San Diego County with a child?
      Not without either the other parent's agreement or court approval. Moving with a child to a location that would significantly interfere with the existing custody arrangement requires formal notice to the other parent and, in most cases, a court hearing. Moving first without court permission can have serious consequences, including a modification of custody. The relocation parent must demonstrate that the move is in the best interests of the child.
    • What is a parenting plan, and who creates it?
      A parenting plan is a written agreement that outlines how parents will share time with their child, including the regular schedule, holidays, vacations, and how decisions will be made. Parents can create their own parenting plan through negotiation or mediation, or a judge can impose one if the parents cannot agree. Attorney Schneider works with clients to develop detailed, realistic parenting plans that reflect the child's day-to-day life and reduce the likelihood of future conflict.
    • Can grandparents obtain visitation or custody rights in California?
      In some circumstances, yes. Under California law, grandparents may petition for reasonable visitation if they can show a pre-existing bond with the child and that visitation would be in the child's best interests. Grandparents generally cannot seek visitation while the child's parents are married and living together, though several exceptions exist. In more serious situations — such as parental neglect, substance abuse, incarceration, or abandonment — grandparents may petition for custody.

  • Property Division

    • How is property divided in a California divorce?
      California is a community property state. This means that most assets and debts acquired during the marriage are considered jointly owned and are generally divided equally between both spouses. Separate property — which includes assets owned before the marriage, or gifts and inheritances received during the marriage — typically remains with the original owner. Property purchased outside of California during the marriage may be treated as "quasi-community property" and divided accordingly.
    • What happens if one spouse hides assets during a divorce?
      If a spouse is found to be hiding or misrepresenting assets, the court may impose penalties and can award the other spouse a larger share of the known marital assets. California law requires both parties to make full financial disclosures. Attorney Schneider helps clients identify discrepancies and present a complete picture of marital finances to the court.

  • Divorce

    • What are the grounds for divorce in California?
      California is exclusively a no-fault divorce state. Neither spouse is required to prove wrongdoing. The standard grounds for filing are "irreconcilable differences," meaning the marriage has broken down beyond repair. The only alternative ground recognized under California law is "incurable insanity," though this requires a high burden of proof and is rarely used.
    • What are the residency requirements for filing for divorce in California?

      One spouse must have been a California resident for at least six months before filing, and a resident of the county where the divorce is filed for at least three months. For same-sex couples who entered into a domestic partnership in California, residency requirements may differ. Contact our team online or call (619) 304-8499 to discuss the specifics of your situation.

    • What is the difference between a contested and uncontested divorce?
      In an uncontested divorce, both spouses agree on all major issues and the matter can often be resolved without a court hearing. In a contested divorce, the spouses disagree on one or more issues, which may require negotiation, mediation, or a court hearing where a judge makes the final determination. Attorney Schneider works to resolve as many issues as possible outside of court to reduce cost, time, and stress for everyone involved.
    • Can a divorce start as contested and later become uncontested?
      Yes. If both spouses reach an agreement through negotiation or mediation after filing, the case can be converted from contested to uncontested. Any scheduled court dates may be cancelled once an agreement is reached, properly documented, and filed with the court.
    • What is a separation agreement, and when is one needed?
      A separation agreement is a legally binding contract that outlines the rights and responsibilities of both spouses during a period of separation. It covers topics such as where children will live, how bills will be paid, whether child or spousal support will be paid, and how joint assets will be managed. It can be drafted before or after divorce proceedings begin, and if incorporated into the final divorce decree, it becomes a court order.
    • Does The Law Offices of Andrea Schneider handle same-sex divorce cases?
      Yes. Attorney Schneider represents same-sex clients in all aspects of divorce, including property division, custody, support, and mediation.
    • Does The Law Offices of Andrea Schneider handle military divorce?
      Yes. Military divorce involves unique complexities, including how and where to serve papers on a spouse stationed on base or overseas, how military benefits are treated, and how deployment schedules affect custody arrangements. Attorney Schneider has experience helping clients navigate these added layers and can guide both military members and civilian spouses through the process.

  • About the Firm

    • Who is Attorney Andrea Schneider, and how long has she been practicing law?
      Attorney Andrea Schneider has been licensed and practicing law since 1992, giving her over 30 years of legal experience in the San Diego area. She focuses her practice on family law, divorce, and DUI/criminal defense, representing clients throughout La Mesa, San Diego, El Cajon, Lemon Grove, and the surrounding communities. As a mother of two, she brings both professional knowledge and personal understanding to every family law matter she handles.
    • What areas of law does The Law Offices of Andrea Schneider handle?

      The firm handles two primary areas of law:

      • Family Law including divorce, child custody, child support, spousal support, visitation rights, grandparents' rights, parental relocation, restraining orders, separation agreements, and more.
      • DUI and Criminal Defense including first-time DUI, multiple DUI offenses, drug-related DUI, DMV hearings, and expungements.
    • What cities and communities does The Law Offices of Andrea Schneider serve?
      The firm serves clients throughout the greater San Diego County area, including La Mesa, El Cajon, Lemon Grove, San Diego, University City, La Jolla, Carlsbad , Downtown and surrounding communities throughout East County.
    • Does The Law Offices of Andrea Schneider offer a free consultation?
      Yes. A free 10 to 15-minute initial phone consultation is available to help prospective clients understand their options and determine whether the firm is the right fit. Hourly phone consultations are also available for those who need more in-depth guidance before deciding how to proceed.
    • How does Attorney Schneider communicate with clients?
      Attorney Schneider is accessible by phone, text, email, and in-person meetings. She personally handles communication with her clients rather than routing inquiries through paralegals or staff, which means you can expect direct, one-on-one attention throughout your case.
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