What is the “best interests of a child” in a North County or Carlsbad child custody or parenting time case? Child custody and parenting time issues are associated with parents in a divorce, as well as unmarried parents in a paternity action. Child custody in California is legally divided into two forms of custody: physical and legal. Physical custody is…
Divorce
What Are the Divorce Options in Carlsbad
What are the divorce options in Carlsbad? What do I need to know about the legal vehicles to end a marriage in North County? Divorces in Carlsbad primarily come in two types: A summary dissolution or a divorce. There is somewhat of a third option known as a legal separation. Which is best for your unique circumstances? The first of…
How Will Our Property be Divided in a Carlsbad Divorce
How will our property be divided in a Carlsbad divorce? California is a “community property” state. The marital assets and debts of parties considering a divorce are therefore known as “community property.” Community property is to be divided equally between the spouses. This includes all acquisitions during the course of the marriage, all debts incurred and the earnings of both…
Do Mothers Have an Advantage in Child Custody and Parenting Time Cases?
Do mothers have an advantage in child custody and parenting time cases here in Carlsbad and North County? How will child custody and parenting usually be approached in a divorce? The reality under California law and the application of that law in our Vista and San Diego Family Courts is simple: there is no bias to the mother when the…
Can a Child Express Their Wishes in a Child Custody Case
Can a child express their wishes in a child custody case in Carlsbad or North County? Here in California and across the United States, there are statutes which require a court to consider the “best interests of a child” during all phases of child custody and parenting time cases. California recently adopted additional laws which increase the weight of the…
Child Support Negotiations During a Divorce in Carlsbad
The attorneys at Burke & Domercq have represented clients in Vista, Encinitas, Carlsbad, Oceanside and all of Carlsbad before our family court in Vista for decades. This extensive experience in decades of family law mediation inform and increase our effectiveness in child support negotiations during a divorce in Carlsbad. Child support discussions must begin with standard calculations contained within California’s…
Domestic Violence Allegations in a Carlsbad Divorce Case
What is the impact of domestic violence allegations in a Carlsbad divorce case? Our clients have many questions about domestic violence, restraining orders and the impact it will have upon child custody and parenting time as well as spousal support and other issues in the divorce. The most important issue to address is protection for those enduring domestic violence. We…
Divorce in North County or Carlsbad for a Reasonable Price
What do you have to do to accomplish a divorce in North County or Carlsbad for a reasonable price? For the majority of local area residents the answer isn’t to attempt to handle things on your own. Our local judges have noted that most people who have attempted to file a divorce on their own have taken more than a…
Child Support Doesn’t Have to Follow California Guidelines
Did you know that child support doesn’t have to follow California guidelines in all cases? We are consistently asked about child support and whether or not one has to follow California’s guideline child support calculator. Ultimately child support can be negotiated as part of your North County or Carlsbad divorce settlement agreement. However, California’s child support guideline is where the calculations…
How Does Health Insurance Relate to Child Support in a Carlsbad Divorce?
We are often asked: “How does health insurance relate to child support in a Carlsbad divorce? Is health insurance part of the California child support guideline calculator or is it a separate issue?” The answer of the cost of healthcare in a Carlsbad divorce or paternity case is often quite straight forward. Here in North County both the Family Court…