How is a business valuation determined in a North County Divorce? How is a business or professional practice handled in a Carlsbad divorce? The first question regarding a business or professional practice in a divorce will be the nature of the asset itself. Is it “community property” or a “separate asset” under California law? Generally speaking, property (including the ownership…
Community property
There are Many Things to Consider in a Gray Divorce
Divorce rates may have stabilized for many age groups, but those above the age of 50 are experiencing a rapid increase as the number of “Gray Divorce” cases here in Carlsbad and across California continues to increase. There are many things to consider in a Gray divorce and this is why it is important to seek the advice and counsel…
Carefully Planning and Establishing the Date of Separation is an Important Step in Divorce
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
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…
Using Community Funds to Improve Separate Property is a Poor Option
Using community funds to improve separate property is a poor option during your marriage. It can prove especially costly in a subsequent divorce. The property each individual owns prior to a marriage is considered “separate” property under California law. In most cases, the money each of them earns at work and anything they purchase during the course of the marriage…
Keep Your Family Business During a Carlsbad Divorce
How do you keep your family business during a Carlsbad divorce? Changes in the economy over the past decade have led to the creation of many new small businesses. It is not uncommon for one or both of the former spouses to be involved in a closely-held business or LLC. What happens to this business in a divorce action? How…
I Owned a Business Before Getting Married – is this Separate Property?
We are often asked “I owned a business before getting married. Am I going to be able to keep it?” What happens to a business in a Carlsbad Divorce? How is the business handled if one of the spouses owned it prior to the marriage? How is business ownership divided when the company started during the course of the marriage?…
What Are Temporary Restraining Orders in a Carlsbad Divorce?
“I’ve just been served divorce papers in Carlsbad and there are restraining orders on the back of the summons. What are temporary restraining orders in a Carlsbad divorce and what do they really mean?” The shock of being served divorce papers is disruptive for most people, even when they are expected. However, many are surprised by the Automatic Temporary Restraining…
What is Quasi-Community Property in a Carlsbad Divorce?
What is quasi-community property in a Carlsbad divorce? How are the debts and assets of a married couple divided in a California divorce? There are three general types of property in a Carlsbad divorce case: Community Property Quasi-Community Property Separate Property If an asset or property was purchased during the course of the marriage is located physically within the State…
How Can Burke & Domercq, APC Help You Keep More Money in a Divorce?
How can Burke & Domercq help you keep more money in a divorce? Can having the representation of our Certified Family Law Specialists actually save you money during a divorce? Most Californians attempt to begin the divorce process on their own in an attempt to manage a cost-effective divorce. The Superior Court notes that more than 80% of cases filed…