Why does the Date Of Separation or DOS matter in a Carlsbad divorce? California divorce law uses the date of separation as an important “line” when dividing community property. The central asset and debt issues in a divorce are: When did the parties become a “community” When did the parties cease to be a “community” and become separate parties in…
Divorce
Women Often Face Substantial Financial Challenges After Divorce
A recent study has brought a concerning fact to light with respect to divorce: women often face substantial financial challenges after divorce. The myth commonly portrayed in movies and television shows women who “win” a divorce case resulting in big child custody, support and spousal support payments. This new study points to a different reality. The Certified Family Law Specialists…
Protecting Your Custody and Parenting Time in a Carlsbad Divorce
Protecting your custody and parenting time in a Carlsbad divorce is one of the most important goals for the majority of parents. What is the difference between “child custody” and “parenting time” also known as “visitation” and how are these established in a North County or Carlsbad divorce? Child custody refers to the party with the legal right to make…
Community Property Division in a Carlsbad Divorce isn’t Just Dividing All Assets in Half
Community property division in a Carlsbad divorce isn’t just dividing all assets in half and giving each former spouse their 50% share. Here in California, community property is to be divided equally and equitably between the parties. However, this doesn’t mean you sell every asset, pay off every debt and divide the remaining money equally between the parties. Part of…
What Impact does Domestic Violence Have upon a Carlsbad Divorce?
What impact does domestic violence have upon a Carlsbad divorce? In most cases domestic violence or a protective order will have a substantial impact upon many aspects of your divorce. When domestic violence has occurred there is almost always a restraining order issued that prohibits the parties from being in close proximity or contact. This combined with concerns for a…
Mediation Can Substantially Reduce the Cost of a Carlsbad Divorce
How can mediation substantially reduce the cost of a Carlsbad divorce? The majority of those who seek a divorce in North County San Diego are looking to keep costs down as much as possible. The fact that more than 80% of local divorcing couples attempt to begin the divorce process without an attorney is evidence of this fact. It is…
How is Spousal Support Established in a Carlsbad Divorce
Are you concerned about your ability to support yourself financially after a divorce? How is spousal support established in a Carlsbad divorce? If you are going to receive support from your former spouse, how long will it last? Will you have to find employment and become self-sustaining? These are often among the first concerns our clients share when meeting with…
What is Considered to be Domestic Violence in Carlsbad?
What is considered to be domestic violence in Carlsbad and what impact can domestic violence have upon a divorce in Carlsbad, Oceanside, Encinitas or Vista? Legally, domestic violence is considered to include intentional or reckless physical, verbal, emotional or psychological abuse as well as threats of abuse when both parties have been involved in an “intimate” relationship. This includes living together…
What is Separate Property in a Carlsbad Divorce Case?
What is separate property in a Carlsbad divorce case? California is a “community property” state. This simply means all debts and assets acquired by either or both of the parties during the term of the marriage (with a few exceptions) are considered to be community property and must be divided equally between the parties. There are three basic types of…
Retirement Accounts in a Divorce Require Special Documents
Did you know retirement accounts in a divorce require special documents known as Qualified Domestic Relations Orders or QDROs? Can a DIY divorce truly manage the QDRO process? According to the State of California more than 80% of couples begin the divorce process on their own. Here in Carlsbad our own Family Law Court reports less than half are able…