How will our property be divided in a Carlsbad divorce? California is a “community property” state. The marital assets and debts of parties considering a divorce are therefore known as “community property.” Community property is to be divided equally between the spouses. This includes all acquisitions during the course of the marriage, all debts incurred and the earnings of both…
Can you reduce or eliminate spousal support in North County? The recent impact of COVID-19 on the local business community has affected the income of many households here in Carlsbad and North County. How will a layoff, furlough or the loss of a job affect your spousal support obligations? Many people incorrectly believe that once a judge has issued a…
Do mothers have an advantage in child custody and parenting time cases here in Carlsbad and North County? How will child custody and parenting usually be approached in a divorce? The reality under California law and the application of that law in our Vista and San Diego Family Courts is simple: there is no bias to the mother when the…
Can a child express their wishes in a child custody case in Carlsbad or North County? Here in California and across the United States, there are statutes which require a court to consider the “best interests of a child” during all phases of child custody and parenting time cases. California recently adopted additional laws which increase the weight of the…
Why are child custody and support more important than ever for an unmarried father in Carlsbad? It is becoming more of a norm for children to be born to unwed parents in California and across the nation. The New York Times recently noted more than 50% of women under the age of 30 who have a baby are unmarried in…
The attorneys at Burke & Domercq have represented clients in Vista, Encinitas, Carlsbad, Oceanside and all of Carlsbad before our family court in Vista for decades. This extensive experience in decades of family law mediation inform and increase our effectiveness in child support negotiations during a divorce in Carlsbad. Child support discussions must begin with standard calculations contained within California’s…
What is the impact of domestic violence allegations in a Carlsbad divorce case? Our clients have many questions about domestic violence, restraining orders and the impact it will have upon child custody and parenting time as well as spousal support and other issues in the divorce. The most important issue to address is protection for those enduring domestic violence. We…
The challenges of a new school year may require a new North County or Carlsbad child custody and parenting time schedule. There is a lot of discussion in the news as districts decide how the new school year will be managed. As children in California go back to school in one form or another divorced or separated parents may want…
What do you have to do to accomplish a divorce in North County or Carlsbad for a reasonable price? For the majority of local area residents the answer isn’t to attempt to handle things on your own. Our local judges have noted that most people who have attempted to file a divorce on their own have taken more than a…
Did you know that child support doesn’t have to follow California guidelines in all cases? We are consistently asked about child support and whether or not one has to follow California’s guideline child support calculator. Ultimately child support can be negotiated as part of your North County or Carlsbad divorce settlement agreement. However, California’s child support guideline is where the calculations…