What are some of the important questions to consider as you prepare for divorce in Carlsbad or anywhere in North County? The Certified Family Law Specialists at Burke & Domercq, APC have represented clients before North County San Diego divorce and family law courts for decades. It is amazing that almost 80% of those beginning a divorce in California attempt…
Divorce
How to make financial preparations for a Carlsbad divorce
Are wondering how to make financial preparations for a Carlsbad divorce? Pre-planning and preparation are crucial to the success of any divorce. This is why it is so important to contact the experienced Certified Family Law Specialists at Burke & Domercq or call to learn more or schedule an appointment if you are considering the end of a marriage. After…
Questions about Spousal Support in a Carlsbad Divorce
We are often asked questions about spousal support in a Carlsbad divorce. For example: “If one party had affairs outside of the marriage will that affect the spousal support that party must pay?” Since California is a “no-fault” divorce state, which assumes all divorces are the result of irreconcilable differences, our courts will not consider extra-marital affairs as part of…
Can I Become Legally Single Before the Divorce is Finalized?
We are often asked “Can I become legally single before the divorce is finalized?” There are many issues surrounding the time frame for a divorce in North County San Diego and if there is an option to become legally single before all of the issues related to the divorce are actually settled. In California it is possible to consider what…
Do I Have to Give Up Half of My Business in a Divorce?
Do I have to give up half of my business in a divorce? Many business owners and licensed professionals are justifiably concerned when approaching a divorce in North County or Carlsbad. How will your business or professional practice be handled during the divorce? What is the best strategy to protect your interests and the ongoing success of the business or…
Understanding Child Custody in a Carlsbad Divorce
Understanding child custody in a Carlsbad divorce is crucial for any parent. There are basically two forms of child custody relating to the children of divorce in Carlsbad: Physical Custody Legal Custody “Physical Custody” relates to where a child will reside after a Carlsbad divorce or during legal separation. Physical custody provides a parent with the legal right to have…
How are Retirement Assets Usually Divided in a North County Divorce?
Here in North County San Diego, how are retirement assets usually divided in a North County divorce? Retirement assets are usually characterized as “community property” and therefore must be divided equally as part of the community property division process. If the parties retirement assets are 401(k)s the Court must issue separate orders for the division of the retirement asset. These…
Emails and Texts in Child Custody and Domestic Violence Disputes
What are the legal roles of emails and texts in child custody and domestic violence related disputes in a Carlsbad divorce or post-decree matter? Are they admissible? The core issue is the level of anger and venom which is too easily communicated in a text or email. One comment spurs another and before too long things can get out of…
How is a Business Valuation Determined in a North County Divorce?
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…
Why do I Need an Experienced Divorce Attorney in Carlsbad
Why do I need an experienced divorce attorney in Carlsbad or anywhere in North County San Diego? This question is asked by the vast majority of those who seek divorce here and across California. This is evidenced by the fact that 80% of Californians attempt to handle divorce on their own, filing their own paperwork for the divorce. The lesser…