Frequently Asked Questions

Welcome to Fenchel Family Law, PC! Below, we’ve answered some of the most common questions to help you understand how we work and what to expect when partnering with us.

About Fenchel Family Law, PC

1. What types of cases does Fenchel Family Law, PC handle?

We exclusively practice family law and handle:

Divorce

Paternity

Child Custody and Child Support

Spousal Support

Asset and Debt Division

Premarital (Prenups) and Postnuptial (Postnups) Agreements

Move-Away Disputes

Domestic Violence Restraining Orders

Post-Judgment Matters For Prenups: We represent clients statewide throughout California.

Primary Areas We Serve:

We serve clients in the San Francisco Bay Area, including:
San Francisco, San Mateo, Santa Clara, Marin, Contra Costa, and Alameda Counties.

We also accept cases in Santa Cruz County and will consider accepting cases in Los Angeles County and Sonoma County based on the circumstances.

Getting Started

2. How do I know if Fenchel Family Law, PC is the right firm for me?

We partner with clients who value ethical practices, precise legal strategies, and strong advocacy.

You may benefit from working with us if:

You need a firm experienced in complex family law matters, including custody disputes and significant financial issues.

You want attorneys who will effectively negotiate settlements when appropriate, but who are also unafraid to escalate matters to court when necessary.

You’re seeking a results-oriented team of litigators with a track record of success in the courtroom.

3. What is the difference between a case evaluation and a strategy session?

Case Evaluation: A free 15-minute phone call with our intake team to determine if your case aligns with our expertise. No legal advice is provided.

Strategy Session: A paid consultation with an attorney to provide tailored legal advice and develop a plan specific to your case.

4. Can I work with Fenchel Family Law, PC if I live outside of the Bay Area?

Yes, we may be able to assist you if your case would be heard by a family court in the San Francisco Bay Area.

For example:

If the other party lives in the Bay Area and your matter is set to be heard in a Bay Area family court, we can represent you, even if you live elsewhere.

Additionally:

For prenups, we represent clients statewide throughout California.

Prenups and Postnups

5. What do I need to know about prenups and postnups?

Prenups: Tailored to protect assets, clarify financial expectations, and minimize future conflicts.

California requires a seven-day waiting period between when the agreement is finalized and when it is signed.

We recommend an additional seven days between signing and the wedding to bolster enforceability.

Postnups: Designed for agreements made after marriage.

Postnups cannot waive spousal support or be created in contemplation of divorce, as this can render them unenforceable.

If you’re facing delays in finalizing a prenup, we can modify the agreement into a postnup to meet legal requirements.

6. Does a prenup need to be notarized?

Yes, a prenup must be notarized in California to ensure it meets legal standards.

Navigating Complex Financial and Custody Issues

7. How does Fenchel Family Law, PC handle complex financial cases?

We specialize in characterizing, valuing, and dividing assets, including:

Tech Startups and Professional Practices: Collaborating with business valuation experts to assess ownership stakes, goodwill, and income-generating potential.

Executive Compensation and Stock Options: Addressing vesting schedules, tax implications, and deferred compensation.

We excel in negotiating creative, efficient settlements while safeguarding your interests. When necessary, we are fully prepared to litigate to protect your rights and secure favorable outcomes.

8. How does Fenchel Family Law, PC address high-conflict custody disputes?

We manage custody disputes involving:

Substance Abuse: Working with experts to assess the issue’s impact on parenting and provide evidence to the court.

Mental Health Challenges: Collaborating with professionals to evaluate and present evidence effectively.

Our attorneys craft parenting plans that prioritize the child’s safety and well-being. When disputes escalate, we litigate effectively to protect your rights and achieve the best possible resolution

for your family.

9. How does the court determine who gets to stay in the family residence?

The court considers:

Domestic Violence: If there are credible allegations of domestic violence, the court can order the other party to leave the home.

Financial Feasibility: Absent domestic violence concerns, the court evaluates whether one party can refinance the home or buy out the other’s share of equity.

If neither party can afford to keep the home, it may be sold and the proceeds divided.

We help our clients retain the family residence by negotiating creative solutions as part of a global settlement, such as:

Trading claims to other assets or adjusting spousal support to offset the home’s value.

Structuring a buyout or refinancing agreement that works for both parties.

Our attorneys also excel in litigation to ensure your rights are protected if settlement cannot be reached.

10. How does Fenchel Family Law, PC help enforce court orders?

If the other party fails to comply with a court order, we can assist by:

Filing motions for contempt or enforcement.

Negotiating resolutions to address non-compliance without escalating to court.

When necessary, we pursue aggressive remedies, such as financial sanctions or modifications to custody or support orders, to ensure enforcement.

11. How does Fenchel Family Law, PC resolve cases?

We strategically leverage settlement to protect your privacy and resolve disputes efficiently. Our approach includes:

Private Judges and Mediators: Utilizing these resources to streamline resolutions and keep personal matters out of the public court system.

Creative Negotiation: Crafting solutions that meet your goals, whether addressing financial matters or custody arrangements.

Litigation Excellence: When settlement is not possible or in your best interest, we bring extensive courtroom experience and a results-driven approach to trial.

This combination of negotiation and litigation ensures that your case is handled with precision and strength.

12. How does Fenchel Family Law, PC bill for services?

We operate on an hourly billing model.

Hourly Rates: Our attorneys and paralegals bill by the hour, with rates varying by role and complexity of work.

Evergreen Retainer: Clients maintain a retainer balance to ensure uninterrupted representation.

Weekly Invoices: Sent to help clients track fees and remaining balances.

13. Are there ways to manage my legal fees effectively?

Yes! We help manage fees strategically by:

Delegating non-legal tasks to paralegals or legal assistants.

Consolidating communications to minimize unnecessary billable time.

Focusing on efficient resolutions to limit prolonged litigation.

14. What sets Fenchel Family Law, PC apart?

Expertise in Complex Cases: We handle high-stakes financial disputes, custody issues, and high-conflict dynamics with precision.

Effective Negotiation and Litigation: While we excel at resolving disputes through negotiation when appropriate, we are seasoned litigators who thrive in the courtroom.

Client-Focused Solutions: Every case is handled with care, strategy, and your unique goals in mind.

Contact Us

If you have additional questions or are ready to schedule your case evaluation, please contact us.