a few advantages of mediation

What are a Few Advantages of Mediation?

Pierre Domercq Mediation

What are a few advantages of mediation for those working through a divorce in Carlsbad, Oceanside or Encinitas?  Mediation offers several advantages over litigation when seeking to resolve differences during the course of a divorce. The primary benefits of mediation include: You and Your Attorney Have Influence and Control During the Process It’s Confidential and will Not Become Part of …

Families Can Make Custom Child Custody Plans

Families Can Make Custom Child Custody Plans

Pierre Domercq Child Custody and Visitation

Did you know families can make custom child custody plans to meet the unique needs of their children?  For many parents in Carlsbad and North County who decide to divorce, child custody and visitation issues can be some of the most difficult and contentious matters that accompany the end of the marriage. While both parents may be prepared to end …

Answering an Accusation of Domestic Violence in a Divorce

Answering an Accusation of Domestic Violence in a Divorce

Pierre Domercq Domestic Violence

What is the best strategy for answering an accusation of domestic violence in a divorce?  Your former spouse has obtained an emergency restraining order after accusing you of abuse, child abuse or some other form of domestic violence. Many people ignore the issues surrounding a restraining order, but the consequences can have a life-altering and permanent impact on multiple aspects …

The Division of Retirement Accounts in a Divorce

The Division of Retirement Accounts in a Divorce

Pierre Domercq Retirement Asset Division

How do you handle division of retirement accounts in a divorce?  Most Carlsbad and North County divorce cases these days include the division of retirement accounts such as 401(k)s, IRAs, or pension funds.  These assets are eligible for division as community property in California.  The process for ensuring that these assets are properly accounted for and managed as part of …

How is Spousal Support Calculated in a North County Divorce

How is Spousal Support Calculated in a North County Divorce?

Pierre Domercq Spousal Support

How is spousal support calculated in a North County divorce case?  Unlike child support, where California has published specific guidelines and calculations, spousal support or “alimony” as it is often referred to is much more discretionary.  This often leads to dispute and expensive litigation as the parties work to protect their interests during a divorce. The spousal support page on …

Will I Have to Sell My Business Because of Our Divorce

Will I Have to Sell My Business Because of Our Divorce in North County?

Pierre Domercq Professional Practice & Business Ownership

A common concern among business owners is how the business itself or a professional practice will be handled in a divorce. You may wonder “Will I have to sell my business because of our divorce?” Business or professional practice valuation and the division of the community property interest in a Carlsbad, Vista or Carlsbad divorce case are very complex legal …

child custody disputes resolved

How are Child Custody Disputes Resolved in North County San Diego?

Pierre Domercq Child Custody and Visitation

How are child custody disputes resolved in North County San Diego? How should you approach this emotional and often contentious issue in your divorce? The attorneys at Burke & Domercq each have decades of experience in child custody and parenting time cases here in Carlsbad and throughout North County.  Child custody is one of the primary reasons to work with …

the Difference Between Physical Custody and Legal Custody

Understanding the Difference Between Physical Custody and Legal Custody

Pierre Domercq Child Custody and Visitation

What is the difference between physical custody and legal custody in an Oceanside, Encinitas or Carlsbad divorce?  When we speak of child custody and parenting time in California they are rooted in the legal concepts of physical custody and legal custody. Physical custody is associated with the right to have a child live within your household. Legal custody is associated …

Plan the Date of Separation in Your Carlsbad Divorce

Plan the Date of Separation in Your Carlsbad Divorce

Pierre Domercq Divorce

Why is it so important to plan the date of separation in your Carlsbad divorce?  What is the date of separation and why is it such a critical date? The date of separation was legally changed in California in 2017 by our legislature.  The parties are not required to physically separate anymore, as this can present an unfair economic burden. …