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What You Need to Think About Before a Divorce in Carlsbad

On Behalf of | Jul 23, 2019 | Divorce

What are the most important things to think about before a divorce in Carlsbad San Diego?  Your internal sense of the matter is probably right.  If you feel its best to consider ending your marriage it’s probably time.  If you are in the midst of anger or strong emotion it is best to let this pass and reach a calmer, more contemplative place.

Choosing to serve your former spouse with divorce papers is a major decision.  You will need to gather your thoughts as well as substantial information.

You need to provide notice to your partner that you intend to end the marriage.  The formal Date of Separation (DOS) is an important concept.  The DOS is the specific date the former spouses stopped living as a “community” and began “separate” lives.  This means the money you earn from the DOS forward is your own and not community property and anything you acquire may be considered as separate property.  Proving the DOS is a key.

Service of divorce paperwork is basically a defacto proof to the Court which establishes the DOS.  If you are not yet prepared to file (and there are some advantages and disadvantages to filing first) you may wish to consider a notarized letter sent by certified mail, backed by email and/or a text.  It is important to seek the counsel of the experienced Divorce attorneys at Burke & Domercq to make sure you have planned this portion of your strategy well.

What else do you need to think about before a divorce in North County San Diego?

Finances – You will be required by law to provide full, transparent and accurate financial disclosures.  This includes all bank and savings accounts, investment accounts, retirement accounts and the value of all assets.  You will also need to consider what you will need in order to be able to financially support yourself in the future such as child support or spousal support.  Consider all assets and debts how they may be divided including the disposition of the family home and any business interest either party may own.

Child Custody and Parenting Time – Discuss how you will divide physical and legal custody as well as parenting time.  The Court will admit all relevant evidence (emails, texts, voicemails) so be cautious in all communications with your former spouse.  Keep the tone neutral, and if you become emotional disconnect from the conversation immediately until you have calmed down.  The Court will pay close attention to how you conduct yourself and every aspect of your temperament as it evaluates your suitability for co-parenting.  Do not move out of the family home if you wish to ask the court for substantial parenting time.

There are several factors you need to think about before a divorce in North County San Diego.  Think about the empowerment and peace of mind you would gain by speaking with the Certified Specialists at Burke & Domercq during the planning stages.  We provide sound counsel and advice so you may proceed with confidence while protecting and preserving all legal options as well your interests.  Contact us or call 760-389-3927 to learn more or schedule an appointment.