Can the North County Family Court limit my rights as a father to parenting time only? In effect the ability to visit with my child but not to make important decisions in their life? The short answer is yes. The duty of the Court to protect the “best interests of a child” has precedence over the “liberty interest” of a…
Carlsbad and North County is home to many wealthy families. We are often asked if there is a limit to the amount of child support in a North County or Carlsbad divorce? California does not presently place any limits on the amount which can be ordered or negotiated for child support. The standard California child support guideline calculator will take…
Does one of the parties have to move out before a divorce in Carlsbad or anywhere North County? If you are planning to file a divorce in Carlsbad, Encinitas, Rancho Santa Fe or at the North County family law courts in Vista it is not necessary to worry about moving out. Due to a recent change in California law both…
What happens when separate funds are used for marital purchases prior to a divorce? This occurs when one of the spouses uses money or assets they had prior to marriage (known as “separate property”) to purchase an asset which is classified as community property in a divorce such as the family home. How do you protect separate assets from community…
What rules apply to spouses during the divorce process? There are certain rules or duties and responsibilities that are placed upon former spouses as they work through the process of a divorce in North County or Carlsbad. From the moment the divorce petition is filed to the moment the Court issues final orders in your divorce case you and your…
Are you or is your former spouse thinking about moving away or relocating out-of-state with the kids after the divorce in Carlsbad? Do you share child custody and parenting time? Are you concerned about what will happen and if the Courts will allow the move? The first thing to know is that our family law courts in North County take…
We are often asked “What should I do if I want to minimize the amount of support I have to pay my soon to be ex-wife? Contact the Certified Family Law Specialists at Burke & Domercq and learn more about reducing spousal support after a divorce through vocational evaluation. There are actually a number of legal ways to reduce the…
How can we save money on the divorce we filed in Vista Family Court? How do you actually get a divorce completed in the least amount of time and expense? The answer to this question is actually quite straight forward: work to resolve every difference of opinion as quickly and efficiently as possible. The fact is a divorce cannot be…
What are the 7 steps to best protect yourself from domestic violence or an abusive husband or wife in Carlsbad or North County? •1. The first step to best protect yourself from domestic violence is to collect resources such as money, check books, credit cards, cell phone, laptop, and friends willing to help you. •2. If you have children with…
What is the “best interests of a child” in a North County or Carlsbad child custody or parenting time case? Child custody and parenting time issues are associated with parents in a divorce, as well as unmarried parents in a paternity action. Child custody in California is legally divided into two forms of custody: physical and legal. Physical custody is…