What is quasi-community property in a Carlsbad divorce? How are the debts and assets of a married couple divided in a California divorce? There are three general types of property in a Carlsbad divorce case: Community Property Quasi-Community Property Separate Property If an asset or property was purchased during the course of the marriage is located physically within the State…
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…
How can Burke & Domercq help you keep more money in a divorce? Can having the representation of our Certified Family Law Specialists actually save you money during a divorce? Most Californians attempt to begin the divorce process on their own in an attempt to manage a cost-effective divorce. The Superior Court notes that more than 80% of cases filed…
Each party has legal obligations in a Carlsbad divorce and it is important to understand these “duties” to one another. Prior to and during the divorce both spouses share a “fiduciary” duty to one another. The legal term “fiduciary” means having the power, authority and obligation to act in another’s best interests requiring honesty and good faith. Therefore, spouses are…
Are you considering leaving the area or the State of California with a child after your divorce? If you intend to take children out of California or out of the United States after a divorce it is extremely important that you speak with the Certified Family Law Specialists at Burke & Domercq or receive authorization from the Court prior to…
We are often asked “How do I keep my former spouse from taking money out of our accounts during the divorce?” One of the concerns shared by many people contemplating a divorce is the fear that their former spouse may attempt to take money out of joint accounts, or run up credit cards prior to a divorce. The fastest and…
Why does the Date Of Separation or DOS matter in a Carlsbad divorce? California divorce law uses the date of separation as an important “line” when dividing community property. The central asset and debt issues in a divorce are: When did the parties become a “community” When did the parties cease to be a “community” and become separate parties in…
A recent study has brought a concerning fact to light with respect to divorce: women often face substantial financial challenges after divorce. The myth commonly portrayed in movies and television shows women who “win” a divorce case resulting in big child custody, support and spousal support payments. This new study points to a different reality. The Certified Family Law Specialists…
Protecting your custody and parenting time in a Carlsbad divorce is one of the most important goals for the majority of parents. What is the difference between “child custody” and “parenting time” also known as “visitation” and how are these established in a North County or Carlsbad divorce? Child custody refers to the party with the legal right to make…
Community property division in a Carlsbad divorce isn’t just dividing all assets in half and giving each former spouse their 50% share. Here in California, community property is to be divided equally and equitably between the parties. However, this doesn’t mean you sell every asset, pay off every debt and divide the remaining money equally between the parties. Part of…