How does domestic violence affect spousal support in a Carlsbad divorce? Domestic violence can and will have an impact on issues such as child custody and parenting time, child support and spousal support here in North County San Diego divorce cases. One example involved a case where the husband and wife had been married for over 32 years. The couple…
Spousal Support
Can Former Spouses Agree to Waive Child Support in a San Diego Divorce?
Can former spouses agree to waive child support in a San Diego divorce? If the couple has evenly split the assets and is sharing parenting responsibilities will that suffice? The short answer in most cases is simply “no.” California family law specifically addresses this issue. Parents are not allowed to waive child support, and in some cases this can actually…
Modification of Spousal Support Orders in North County San Diego
If you live in Carlsbad, Encinitas, Oceanside or Vista and are concerned about the modification of spousal support orders in Carlsbad you will need and experienced local lawyer. The attorneys at Burke & Domercq have decades of experience in local family law Courts and extensive experience with spousal support orders and modifications. Does spousal support continue until death do us…
Spousal Support Has a Lot to Do with Previous Lifestyle
The award of spousal support has a lot to do with previous lifestyle and the ability of each spouse to achieve gainful, long term employment. Carlsbad family law courts are absolutely influenced by the lifestyle enjoyed by the parties during the marriage. In fact maintaining the “standard of living” of a former spouse after a divorce is the primary reason…
Temporary and Permanent Spousal Support Orders
What are temporary and permanent spousal support orders in a divorce case? How does spousal support work in California, and how long will it take until you start to receive spousal support? In order to receive legal advice you would need to contact our firm or call for an appointment at . Generally speaking, spousal support is usually established with…
The Gavron Warning and California Spousal Support
What is the relationship between the Gavron Warning and California spousal support? Many Californians believe spousal support continues forever until a former spouse dies or remarries. While this may be true for marriages of long duration, it simply doesn’t apply to the majority of permanent spousal support orders. Judges covering divorce cases here in Carlsbad, Oceanside, Encinitas and across North…
Keeping things fair in a divorce
Many Californians worry about keeping things fair in a divorce case. If you are concerned about being taken advantage of financially in a divorce you should be aware of the steps to take to ensure fair proceedings. Working with one of the experienced divorce attorneys at Burke & Domercq can help a divorcing spouse to more fully understand his or…
Negotiation is The Fastest and Least Expensive Option to Resolve Differences in a Divorce
Negotiation is the fastest and least expensive option to resolve differences in a divorce case. Once the decision is made to consider a divorce many people want to know how long the process will take, and how much a divorce will cost. Both questions (time and cost) are primarily associated with the amount of disagreement between the parties on all…
Having a Child Before Marriage no Longer Means a Higher Divorce Rate
Having a child before marriage no longer means a higher divorce rate in California. California couples whose marriages end in divorce can often point to a variety of factors that caused the split. For years, it was believed that a couple having a child prior to marriage was a sign for an eventual parting of the ways. However, new information is…
What Does the Term Best Interest of The Child Mean in a Carlsbad Divorce
What does the term Best Interest of a Child mean in a Carlsbad divorce and how does this affect child custody and parenting time? There is no statutory definition of “best interest of the child.” Cal. Rules of Court, rule 5.2 (b)(7) defines “best interest of the child” as being described in Fam. Code §3011. Curiously, that statute does not…