We are often asked “What are the things I should be thinking about if I’m considering a divorce?” The first step is avoiding actions which may harm your own interests in a Carlsbad divorce. The second step is to work with the Certified Family Law Specialists at Burke & Domercq to develop proven strategies for protecting your interests and achieving the goals which are most important to you.
You are required by law to make full disclosures of all assets and liabilities at the start of a divorce. The Court is able to look back at any actions taken by either party in the time leading up to the divorce. If there are questionable expenditures or documentable actions which affect community property the Judge in your case will take it into account during property division.
For example, In California an extra-marital affair will not prejudice the court against either party going into the divorce. However, if it can be proven that one of the parties spent money or gave lavish gifts to another party outside of the marriage these expenditures can easily be deducted from their share of remaining community property.
Another of the actions which may harm your own interests in a Carlsbad divorce is an attempt to hide money or assets, or removing money or assets from community accounts. Our Family Courts are very hard on those who attempt to conceal assets or move money into separate accounts in the time preceding a divorce. You will be able to move money later, and our attorneys provide sound advice and counsel as you approach these decisions.
One of the most common actions which may harm your own interests is to move out of the family home, especially if you have children. This can be used against you in child custody and parenting time negotiations and hearings and can have a negative impact on your co-parenting goals.
If you must move out it is important to consider working through a child custody and parenting time agreement before actually moving out of the family home.
Prior to moving out you need to meticulously document all existing assets. Take pictures or video of everything. Document how and when they were purchased as well as their value. Make sure you have copies of all joint account statements as well as separate accounts and liabilities. All of this will be important during property division.
Finally, do not sign anything provided by your spouse without having it reviewed by one of our attorneys. Avoiding actions which may harm your own interests in a Carlsbad divorce begins with careful pre-planning and strategy. That is why it is important to seek the advice and counsel of the experienced and proven Certified Family Law Specialists at Burke & Domercq.