Student loans in a California divorce are treated differently than other debt or liabilities incurred during the marriage. The traditional analysis considers all debt incurred during the marriage as community in character which results in each party equally sharing the responsibility of repayment upon divorce. Student loans are treated differently. The California legislature, in response to an appellate court case…
The attorneys at Burke & Domercq and our staff are committed to helping you to accomplish an economical divorce in Carlsbad whenever possible. Recent statistics show more than 80% of Californians attempt to file their own divorces, however, less than half are able to successfully complete the process. Why is it so difficult to manage a divorce on your own…
Parenting plans can be quite creative here in Carlsbad and it is important to resolve disputes and ultimately reach agreement in these core issues. Child custody and parenting time (often referred to as visitation) are part of the parenting plan when a North County San Diego divorce involves a child or children. Our Courts believe it is in a child’s…
Does it matter who files first in a divorce in Carlsbad, Oceanside, Encinitas, Vista or anywhere else in Carlsbad? We are often asked about the importance of filing first when approaching a divorce in North County San Diego. The most important thing to remember is a divorce should be carefully considered, and not something you race into just to file…
How does business ownership affect a divorce in North County San Diego? Many operating agreements attempt to establish an unreasonably low value for the ownership interest. For example, a physician’s practice may establish the ownership value of each doctor’s interest in the practice at $35,000. In many cases, these clauses are shown to spouses in an attempt to intimidate them…
What is a cost-effective divorce in North County San Diego? The real answer to this question is based upon several variables, including how you value your: Time Quality Time with Your Children Peace of Mind Future After the Divorce How do you value your time? It is possible to complete a divorce in California without legal representation. Many people believe…
Here in North County San Diego, parents should use planning to ease divorce pains and achieve a better overall outcome. People who go through divorces don’t have to settle for mental anguish over how their children will fare. Taking basic steps, like working in good faith to develop child custody and parenting plans prior to divorce proceedings, can provide emotional…
Many Californians worry about keeping things fair in a divorce case. If you are concerned about being taken advantage of financially in a divorce you should be aware of the steps to take to ensure fair proceedings. Working with one of the experienced divorce attorneys at Burke & Domercq can help a divorcing spouse to more fully understand his or…
Negotiation is the fastest and least expensive option to resolve differences in a divorce case. Once the decision is made to consider a divorce many people want to know how long the process will take, and how much a divorce will cost. Both questions (time and cost) are primarily associated with the amount of disagreement between the parties on all…
Divorce rates are increasing for those over the age of 50 in contrast to other age groups in a recent study. While divorce rates for most age groups in California and around the country have gone down, the rate of divorce for those over age 50 has been increasing. There are several reasons why experts believe this is so. Divorce…