Are you considering a divorce in North County San Diego and concerned about significant assets such as investment or trust accounts, retirement accounts, real estate, business interests, and valuable collections? Pre-planning goes a long way in a high asset divorce in Carlsbad, Rancho Santa Fe, Encinitas, Oceanside and Vista. How are substantial assets handled in a divorce, and what can…
What elements are needed to modify child support in North County San Diego? Our Family Law Courts will not simply accept every case or hear every request for modification of child support. Child support orders are contained within the “Settlement Agreement” of your divorce paperwork. In many cases, the specific verbiage in the agreement establishes the “Status Quo” for both…
Dealing with retirement funds during divorce negotiations is especially important in a “Gray Divorce” or divorce over 50. While the overall divorce rate in California and around the country has remained fairly stable in recent years, divorces among older couples has increased sharply. Between 1990 and 2014, the rate of divorces involving people over the age of 50 doubled, and…
How can you plan an affordable divorce in North County San Diego? It is interesting to note that almost 80% of the divorces filed in North County San Diego and across the State of California are filed by the parties themselves. Less than half are able to complete their own divorce without hiring an attorney. What do you need to…
Who moves out in a divorce and when should you move out? The question of when to move out of the family home during the course of a North County San Diego divorce, or if you should can actually be legally quite complex. Well intentioned people may think they are saving each other and the children from endless arguing and…
Is grandparent grandchild visitation legal in California? California law is focused upon what is in the best needs of the child, and this extends to the special bond between a child and their grandparent. There are a number of reasons why a grandparent may need legal assistance to ensure access to their grandchild after a divorce. Divorce situations in North…
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…
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…
If you are considering a divorce and you or your spouse jointly or separately own an interest in a business one of the most important issues will be the calculation of the value of a business in a North County San Diego divorce case. When a divorce includes a business or professional practice the first step to determine the community…
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…