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Important Decisions During a Carlsbad Divorce

On Behalf of | Feb 10, 2019 | Divorce

There are important decisions during a Carlsbad divorce and one of the most important is to stop taking the advice of your former spouse.  A recent case serves as a good example:

Q: My husband has been mean to me, saying nasty things in the presence of the children. I know that is damaging to the children so I finally caved in to his demands and moved out. Since then he has changed the locks, cut off my credit cards and drained the joint bank accounts.  Now he insists we not hire attorneys and that we go to mediation to handle our divorce.  What should I do?

A: Apparently you have been trying to accommodate your husband, even to your own detriment.  He sounds very controlling which is an indicator of a potentially abusive person.  You should obtain the best attorney you can afford to start protecting yourself.  Unless there is an order preventing you from entering the residence you may move back in if that is your desire.  You also need to get a written schedule regarding the children so the parenting plan is concrete and not subject to his whim.

Important decisions during a Carlsbad divorce also include financial arrangements.  Each spouse has a fiduciary duty owed to the other which requires that he account to you for all the funds he withdrew so you can claim your one half interest of this important community property.  If the mediator is strong and independent then mediation may help you resolve the case and achieve the fair distribution of community property and the spousal support you deserve. If the mediator is merely a test run by your husband to see if you will agree to his terms (no matter how unreasonable) then you will probably end up in litigation which might be a necessary thing if you want to maximize your result.

You need power and balance on your side of the equation.  We invite you to contact the experienced attorneys at Burke & Domercq APC in Carlsbad or call 760-389-3927 to schedule an informative interview and appointment so you understand the process, the issues and how to obtain a beneficial likely result.