What is the impact of domestic violence on a divorce in Carlsbad, Oceanside, Encinitas or North County San Diego? Domestic violence can impact many aspects of a divorce in San Diego from child custody and parenting time to spousal support, the division of community property and even the ability to cost-effectively negotiate the terms of your divorce. Domestic violence allegations…
What should you be considering when working to develop parenting plans for children older than 5? Child custody and parenting plans present some of the most consistently difficult challenges for those seeking to divorce in Carlsbad and North County. The experienced attorneys at Burke & Domercq, APC provide sound advice and counsel based upon decades of representation before North County…
Why is the Date of Separation a critical date in a California or North County divorce? A fairly recent Court decision and new law has clarified this critical issue. The “Date of Separation” is legally the day when the “community” between the spouses ends, and the parties are able to engage in financial matters and decisions as individuals. The Date…
Thinking through the financial issues of support before a divorce and pre-planning prior to filing make a significant difference in the outcome of your case. Many people are contemplating their life and their options regarding the end of a marriage at this time of year. Historically, divorce filings are heaviest in the first 3 months of a year. That means…
Most people who are considering the end of a marriage are seeking information on how to really complete a cost effective divorce in Carlsbad. The fact is more than 80% of those who begin a divorce in California attempt to do it on their own. Most believe this will save money. Unfortunately more than half of these cases languish for…
Can you support your former spouse as you co-parent following the completion of your divorce? You may be surprised to learn there is no presumption in North County family law courts that “shared” or “equal” parenting time and child custody are preferred. Our judges are looking out for the best interests of each child and child custody and parenting time…
One of the questions we are asked most often is “How long will a divorce take in Carlsbad?” The least amount of time required for a divorce is six months based upon California family law. In the majority of cases, any time beyond six months is associated with the challenge of resolving all issues within the settlement agreement. Challenges usually…
Planning your divorce in Carlsbad Encinitas or Rancho Santa Fe involves careful reflection and strategy in order to accomplish your goals and objectives. While most divorces can begin as a purely emotional decision, strong emotions will swell and fade throughout the process. However, planning a divorce should include careful analysis and preparation. It is the very fact that emotion is…
Burke & Domercq, APC wishes all in Carlsbad and North County San Diego a peaceful and Happy Thanksgiving. The holidays are a time of year when families draw together in gratitude for their blessings and to share time with one another. It is also, unfortunately, a season when the cracks in a relationship can become even more apparent. Historical data…
We are often asked questions such as “does it make a difference who files for divorce first?” or “what happens if my spouse files first?” No one should be in a hurry to file divorce papers. There may be urgency to file in cases involving domestic violence, criminal activity or other abuse where emergency restraining orders may be required, but…