We are often asked questions such as “does it make a difference who files for divorce first?” or “what happens if my spouse files first?” No one should be in a hurry to file divorce papers. There may be urgency to file in cases involving domestic violence, criminal activity or other abuse where emergency restraining orders may be required, but…
How can a forensic accountant help in a Divorce in Carlsbad, Oceanside, Encinitas or Rancho Santa Fe? What is a forensic accountant and why would it be necessary to properly identify and value the assets within community property. The two primary reasons for a forensic accountant in a divorce is to help identify the valuation of financial assets and find…
A prenuptial agreement isn’t a prediction of future divorce. In fact, the process of developing and implementing a prenuptial agreement can help to establish a stronger relationship between the parties and increase the likelihood of success for the coming marriage. Over the years prenuptial agreements have gotten a really bad reputation, carrying a stigma based on the common myth “it…
The Certified Family Law Specialists at Burke & Domercq would like to offer some important recommendations for email communications during a divorce in North County or Carlsbad. The most important concept to understand from the outset is this: emails can be and often are used as vital evidence in divorce cases. Assume every email you send to your former spouse…
Carefully planning and establishing the date of separation is an important step in a divorce in Carlsbad. The date of separation occurs when one of the spouses provides “notification” to the other spouse that they intend to end the marriage, and that spouse takes consistent action after that date to bring the marriage to conclusion. Why is careful planning regarding…
All assets of a business or professional practice must be considered during a divorce valuation in North County San Diego. This is especially true when establishing the value of a small business. According to a recent analysis by the US Treasury Department, the vast majority of American businesses are small companies, often without any employees or owners other than the…
Are you searching for proven strategies as you contemplate divorce in Carlsbad. This is the time of year when many start to give serious consideration to ending their marriage. It is very human to consider the family and your circle of friends going into the holidays. However, the planning and preparation you invest into this decision will pay substantial dividends…
Are you searching for information on how to achieve post decree modifications to spousal support in North County San Diego? Spousal support is quite common, especially in marriages which last longer than ten years. Can an order of spousal support be modified down the road? What happens if the Judge issued a Gavron Warning and the time has come and…
What are interim or temporary orders in a Carlsbad divorce? Once a divorce case has been filed and the “respondent” is served copies of the paperwork there is often an initial hearing to establish temporary or interim child custody and parenting time and spousal support payments. These findings may also extend to community property and child support as well. The interim…
What is the value of resolving differences during the course of a divorce in Carlsbad, Encinitas, Rancho Santa Fe or anywhere in Carlsbad? We’ve written several times in this blog about the “cost” (in terms of financial expense and emotional burden) of resolving differences in a divorce. The amount of time it will take to complete your divorce and the…