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How does cohabitation affect spousal support after a divorce in Carlsbad or North County? What happens when you are paying spousal support after your divorce and you learn your former spouse is cohabiting with someone new? These cases are highly unique and based upon the individual circumstances in each case but worth discussing with the experienced Certified Family Law Specialists …
Is a marital settlement agreement binding prior to the finalization of your divorce? A “Marital Settlement Agreement” is a document which stipulates the agreement between the two spouses regarding all elements of their divorce. This usually includes the division of assets and debts as well as terms including but not limited to: child custody and parenting time child support spousal …
Managing domestic violence restraining orders in Carlsbad or anywhere in North County can have a significant affect on child custody and other aspects of your divorce. The experienced domestic violence and divorce attorneys at Burke & Domercq have each represented clients in restraining order cases before North County Family Court for decades. How will this impact your life and your …
Seeking support modifications after the divorce is issued can be more complex than you might imagine. In most cases, the divorce paperwork itself as well as California law will require there to be a substantial change in the “Status Quo” in order to request modifications to child support, spousal support or even child custody down the road. The Court will …
A Family Court Judge may hear a child’s testimony in many divorce and post-decree modification cases here in Carlsbad and North County. Some child custody cases in California will include an opportunity for the child to directly address the court. A judge will make a decision about whether or not to allow a child to address the court on a …
Are you concerned about how you will achieve a timely divorce and contain expenses? Almost every couple approaching a divorce asks two questions: “How much will this cost?” and “How long is this going to take?” The experienced Carlsbad divorce and family law attorneys at Burke and Domercq work to achieve a timely divorce for our clients while containing expenses. …
What are the fiduciary duties of former spouses during a divorce in North County or Carlsbad? What is a fiduciary duty? Generally speaking, a fiduciary duty is the legal responsibility to act in the other’s best interest. It requires the highest legal standard of “fair dealing” and “good faith.” Each party will be held to this high standard of acting …
The process of how the valuation of a small business is established in a Carlsbad divorce will have a substantial financial impact on your divorce. What happens to a closely-held business in a divorce in Carlsbad Encinitas or Oceanside? Why is the valuation of the business such a complex legal issue in many cases? When a small business is considered …
How is retirement divided in divorce when only part of the years served were covered by the duration of the marriage? This is a question of “community property” and “separate property” and a recent California Appeals Court case sheds some light on this issue. For example, if the retirement in question was based upon 30 years of service and the …