Should you give your child a choice in parenting time scheduling? Will the Court listen to the child’s input when deciding a child custody and parenting time case as part of your divorce or post-decree modification? This is a complex question. Co-parents must carefully reflect on the individual personality and emotional make up of the child. Some children may not…
Does spousal support end if your former spouse remarries? Here in San Diego and across California spousal support is ordered to level the financial playing field between the parties during and after a divorce. Spousal support no longer provides the tax benefits it used to and is a substantial hit to any budget. Have you learned your former spouse is…
What are the factors which justify child custody or parenting time modification in San Diego? What must happen in order to request a change in these orders during or after your divorce? The existing temporary or permanent child custody and parenting orders reflect the Court’s perspective of “the best interests of the child(ren).” While these orders are not locked in…
What is the Date of Separation in a San Diego divorce and why is this such an important date? How is the Date of Separation established? Does the couple have to physically separate in order for the clock to be started? A recent update to California’s family law code clarified the answer to these questions. Let’s begin with why this…
What is the typical experience of filing a divorce in San Diego? According to recent statistics released by local Courts, a substantial majority of those who file for divorce in San Diego initially attempt to represent themselves. However, divorce in most cases is far too complex to complete without representation. The actual number of cases who successfully complete their divorce…
What should I do to minimize the amount of spousal support I have to pay? There are a number of valid strategies to reduce the amount of a potential spousal support award. First, a word of caution: Do not attempt to manipulate financial disclosures or artificially attempt to manipulate business earnings before a divorce. Forensic accountants can easily spot these…
Why are more divorces filed in January and February when compared with the rest of the year? January divorces are often due to holiday stress and a deepening feeling that it simply isn’t working. January is a time for new starts, and for many married couples in San Diego that could include ending a marriage. When you combine the impact…
Burke & Domercq, APC sends best wishes to all of San Diego to all as we celebrate the last day of one of the hardest years of most of our lives while contemplating the promise of a new year. 2020 presented us with the greatest common challenge in our lifetimes – COVID-19. The pandemic has disrupted every aspect of life…
Why do you need a Lawyer for a San Diego divorce? Divorce is one of the greatest emotional and financial challenges life has to offer. You will receive “sound legal advice” from friends, family, co-workers and even from your soon-to-be former spouse. Suggestion #1: Never take legal advice from your soon-to-be former spouse or well-meaning family or friends. Divorce is…
What is deprivation of custody after a San Diego divorce? Deprivation of custody or the right to parenting time or visitation is an action to bring against a co-parent or other party who deprives a parent with lawful physical or legal custody access to a child. This can include hiding a child (such as at a family’s residence) or any…