What happens when there are hidden assets in a Carlsbad divorce? Divorcing spouses in California owe one another a fiduciary duty of fair dealing and good faith. The Automatic Temporary Restraining Orders (ATROs) issued at the time of the divorce summons require limitations on financial expenditures and transactions (except in the normal course of business). This does not provide the…
You will need evidence to request changes in child support here in Carlsbad. A recent case has demonstrated the need to bring factual evidence when considering a request to modify existing child support orders. California Courts require a significant change in circumstances known legally as the “status quo” before agreeing to hear a post decree modification case for child support…
Dealing with personality disorders and a difficult former spouse usually increases the cost and time frame associated with a divorce. We have often discussed the impact of disagreement and dispute between the parties as the primary source of cost in a Carlsbad divorce. What happens when you former spouse is bullying, argumentative or has a borderline personality disorder or other…
Domestic violence is a serious issue in many homes in Carlsbad. How does domestic violence affect a divorce including child custody in Carlsbad? Domestic violence requires serious attention and legal action to protect spouses and children while reducing or eliminating the potential for future violence to occur. Here in Carlsbad an Emergency Protective Order or EPO may be quickly issued,…
What does an effective child custody strategy look like? Child custody and parenting time issues are often one of the most contentious aspects of a Carlsbad Divorce. How can you put yourself in the best position to gain a positive outcome? California family law focuses on “the best interest of the child” when it comes to custody matters. An effective…
It is important to give careful consideration to your social media and electronic communications such as texting and e-mails before filing for a divorce in North County or Carlsbad. It is normal to see social media posts and other public profile information presented in divorce cases these days. The attorneys at Burke & Domercq review all available social media and…
What is a Mandatory Settlement Conference in a Carlsbad divorce? Is this necessary in every case? A mandatory settlement conference is a meeting between the former spouses and their attorneys prior to the beginning of trial proceedings in your divorce. The conference is designed to reduce the burdens on a family law court that is already overburdened by helping to…
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…
Mediation in a Carlsbad divorce keeps you in control of the outcomes, making sure that the result is something you can live with. What is mediation and why is this an important and underused tool in many Carlsbad divorces? The key issue in any divorce is resolving any differences or disputes surrounding the separation agreement. Your divorce will not be…
Are you looking for information about how to handle a divorce before retiring in Carlsbad? Research has debunked the idea that half of all marriages will end in a divorce. However, for those who are over the age of 50, the National Center for Family & Marriage Research at Bowling Green State University reported that the divorce rate has doubled…