The effects of COVID-19 on domestic strife in North County and Carlsbad have resulted in increased new divorce filings. Many family law advocates have noted an increase in both reported and unreported domestic violence. Common beliefs about domestic violence and resulting child custody and parenting time orders may not reflect the reality of today’s Family Courts. Domestic violence often results…
California residents may have heard that parenting plans are changing based upon recent new laws. Until recent years parenting plans often included one parent receiving primary custody, while the other receives partial parenting time. Many states including California have passed recent laws promoting a more evenly shared child custody and parenting plans. This is legally based in the principle of…
Financial errors in a North County Divorce can be costly. Couples in San Diego who are getting a divorce often have to deal with the emotions and other issues that can accompany such a drastic life change. Missteps made by divorcing people make can cost time and money. They include a lack of knowledge about assets, an absence of competent…
We are often asked “Should we consider a private judge in our Carlsbad divorce?” There are several advantages to a private judge in a Carlsbad or North County divorce. There are often issues of cost and speed. There are also a few drawbacks to consider. If your case is fairly straight forward and doesn’t involve children or substantial assets you…
A recent case in a California appellate court helps to shed some light on spousal support and the ability to work if you are to receive support during and after a divorce. The case in the Second District Court of Appeals shows the burden proof on a party who claims they cannot gain meaningful work is on the party requesting…
There have been a lot of recent articles on the subjects of child custody, co-parenting and raising children after a divorce. It is important to understand the Court’s perspective on all communications between those who wish to co-parent. This is especially true during the process of a divorce, but continues to be a factor as the former spouses work on…
Couples preparing for divorce are longer required by law to physically separate in order to establish the date of separation. Many still choose to do so. What are the issues to consider when one of the spouses moves out during a divorce? Moving out of the family home before the separation is completed and signed by both parties can have…
Most people experience a broad range of emotions at the end of a marriage including a profound and deep sense of disappointment and in many cases that things are out of control. How can mediation make divorce more efficient and shorten the time frame to completion? Mediation is an alternative to the traditional form of litigation you’ve always heard about…
We are often asked “What are the things I should be thinking about if I’m considering a divorce?” The first step is avoiding actions which may harm your own interests in a Carlsbad divorce. The second step is to work with the Certified Family Law Specialists at Burke & Domercq to develop proven strategies for protecting your interests and achieving…
Are you concerned about protecting substantial assets in a North County or Carlsbad divorce? If you are a high wage earner such as a physician or licensed professional, commissioned salesperson, CEO or executive you are probably concerned about protecting substantial assets in your divorce. Pre-planning is essential to ultimate success in these scenarios. Was there a prenuptial agreement between you…