How do you know when to stop trying to get the divorce done yourself and get an attorney? According to the State of California more than 80% of the divorce cases filed across California begin with the parties representing themselves. Many attempt to complete their divorce without an attorney in an attempt to save money only to learn the process…
Spousal Support
Planning and Sound Counsel are Keys to Divorce in Carlsbad
Have you reached the point where you are considering the end of your marriage? Planning and sound counsel are keys to divorce in Carlsbad. The experienced Certified Family Law Specialists at Burke & Domercq provide our clients with a sound understanding of the process of a divorce, as well as advice and counsel which is informed by decades of experience…
Spousal Support Orders in Long Term Marriages
What determines spousal support orders in long term marriages which end in a divorce in North County or Carlsbad? Generally speaking our courts consider a long term marriage as one which lasted more than ten years. In these cases the court will often consider either a more substantive spousal support, a longer term of support or a combination of both.…
How Violating a Restraining Order Could Affect the Outcome of a Divorce
Violating a restraining order could definitely affect the outcome of a divorce case here in Carlsbad. What happens when one of the parties in a divorce seeks an Emergency Protective Order (EPO) resulting in a restraining order for the other party? A temporary restraining order is often issued based simply upon the request of a person, and it will be…
Domestic Violence in a Carlsbad Divorce Case
What are the potential impacts of domestic violence in a Carlsbad divorce case? If you are the victim of domestic violence the experienced Certified Family Law Specialists at Burke & Domercq work quickly to protect you and your children and seek temporary or permanent protective orders. Domestic violence can impact everything from spousal support to presence of the abusive spouse…
How Long Will Our Carlsbad Divorce Take?
We are often asked “How long will our Carlsbad divorce take?” There are many factors which will determine the actual time frame of your divorce beginning with the mandatory minimum 6 month “cooling off” period. California law requires at least 6 months to pass from the date of the filing of the divorce petition before the divorce can become “final.” …
What to Focus On When You are Thinking About a Divorce
It is often difficult to know what to focus on when you are thinking about a divorce. Considering the end of a marriage usually brings a complex blend of memories, challenges and mixed feelings. The thoughts forming in your mind are most likely a combination of nostalgia, frustration, concern for the future and questions about what is best for you…
Divorces Are More Common in Older Couples
Many people are surprised to learn divorces are more common in older couples than those in their 20s and 30s these days. California couples who are considering a divorce may be more likely to do so after the age of 40 than at any other age. This is based on examining census data from 1960 and 1980 and on data…
Insight into Spousal Support in Carlsbad and North County
We are often asked for insight into spousal support in Carlsbad and North County. Unlike California’s child support guidelines, spousal support is much less rigidly defined and therefore more open to dispute and in worst case scenarios litigation. Here are some things to know about spousal support: 1. Spousal support can either be “temporary” or “permanent.” Permanent may not mean…
Why is a Duration of 10 Years So Important for Spousal Support in Carlsbad Divorce Cases?
Why is a duration of 10 years so important for spousal support in a North County or Carlsbad divorce, especially as it relates to spousal support? Under California family law, a marriage that lasts more than ten years is called a “long duration marriage.” The guidelines for spousal support change significantly at the 10 year mark. When the marriage has…