How do you handle division of retirement accounts in a divorce? Most Carlsbad and North County divorce cases these days include the division of retirement accounts such as 401(k)s, IRAs, or pension funds. These assets are eligible for division as community property in California. The process for ensuring that these assets are properly accounted for and managed as part of…
Divorce
How is Spousal Support Calculated in a North County Divorce?
How is spousal support calculated in a North County divorce case? Unlike child support, where California has published specific guidelines and calculations, spousal support or “alimony” as it is often referred to is much more discretionary. This often leads to dispute and expensive litigation as the parties work to protect their interests during a divorce. The spousal support page on…
Will I Have to Sell My Business Because of Our Divorce in North County?
A common concern among business owners is how the business itself or a professional practice will be handled in a divorce. You may wonder “Will I have to sell my business because of our divorce?” Business or professional practice valuation and the division of the community property interest in a Carlsbad, Vista or Carlsbad divorce case are very complex legal…
Understanding the Difference Between Physical Custody and Legal Custody
What is the difference between physical custody and legal custody in an Oceanside, Encinitas or Carlsbad divorce? When we speak of child custody and parenting time in California they are rooted in the legal concepts of physical custody and legal custody. Physical custody is associated with the right to have a child live within your household. Legal custody is associated…
Plan the Date of Separation in Your Carlsbad Divorce
Why is it so important to plan the date of separation in your Carlsbad divorce? What is the date of separation and why is it such a critical date? The date of separation was legally changed in California in 2017 by our legislature. The parties are not required to physically separate anymore, as this can present an unfair economic burden.…
How Can Our Experienced Divorce Attorneys Help With Your Carlsbad Divorce
Why should you consider hiring the attorneys at Burke & Domercq, APC for your Carlsbad or North County divorce? How can our experienced divorce attorneys help with your Carlsbad divorce? The primary reasons are time, money and peace of mind. Carlsbad residents who attempt to file a divorce on their own find the process usually takes them much more than…
Important Financial Issues to Consider Before Filing a Divorce
What are the important financial issues to consider before filing a divorce? In California and around the country, there is commonly an uptick in the number of divorce filings after the New Year. Many people choose to file for divorce at the beginning of the year so they can start their lives afresh. New divorce filings often pick up after…
How Legally Binding is a Settlement Agreement?
How legally binding is a settlement agreement in a North County divorce? In California and here in Carlsbad a settlement agreement is considered to be a binding legal contract. During the process of a divorce, the parties are required to participate in a settlement conference, and many parties elect to pursue structured negotiations or mediation. When agreement is reached on…
Fraud in a North County Divorce Case
What should you do if you suspect fraud in a North County divorce case? When an individual or couple file for a divorce the court issues a variety of orders. The former spouses owe a “fiduciary duty” to one another to provide a full, transparent and accurate accounting of all assets, bank and investment accounts, retirement accounts, vehicles, real estate,…
Will a Personality Disorder Affect a North County Divorce
Will a personality disorder affect a North County divorce case? Personality disorders are often a central issue in a troubled marriage. Issues such as narcissism, compulsive behaviors, obsessions or even a withdrawal from society can make sharing a marriage and the raising of children too much to bear. What is the impact of personality disorders on a North County or…