We are often asked “Can a grandparent get a court order for visitation here in Carlsbad or North County?” California law is primarily interested in what is in the best interests of the child. While there is no specific California family law which provides guaranteed visitation rights to a grandparent, there is substantial case law on the subject that provides…
Are you thinking of relocating away from San Diego with the kids after a divorce? Relocation when existing child custody orders are in place is a complex legal matter. This is why it is important to work with the Certified Family Law Specialists at Burke & Domercq who have decades of experience in relocation and move away cases in throughout…
Many clients have asked “what happens to my business or professional practice in a Carlsbad divorce? Divorce cases involving business ownership or a professional practice are quite complex and require skilled, experienced legal representation. The proven Certified Family Law Specialists at Burke & Domercq have decades of trial experience and insight into these cases. The first question is whether or…
What is the date of separation in a Carlsbad divorce and why is it important in your divorce? The date of separation establishes the date your income and assets become “separate property” from the community property. This will impact the distribution of the community property and potentially child and spousal support. The date of separation marks a point in time…
What is the difference between separate property and community property in a North County or Carlsbad divorce? Why does the distinction between separate property and community property matter? The short answer is found in the division of the property during a divorce. Community property is generally divided fairly equally between the parties under California law. Separate property is not subject…
Most clients are looking for experienced attorneys who will help them to complete their North County or Carlsbad divorce in a timely and cost-effective manner. We are often asked “How long will the divorce process take?” The question of whether your divorce will be completed in a matter of months or years is tied to the resolution of any areas…
Couples who divorce in Carlsbad or North County often own a home as part of their marital property. Depending on the couple’s situation, the home may represent the largest single asset that will be divided in the resulting property division. California is a community property state, meaning the assets deemed to be a part of the marital estate will be…
California law provides “guideline support” calculations that provide a basis for determining child support based upon several metrics. It is possible to deviate from this method if the parties are in a agreement and can justify their solution to the court. While the Court requires the discussion to begin with the calculated guideline amount negotiating child support is a better…
How can the experienced divorce attorneys at Burke & Domercq save you time and money while making the divorce process itself easier to endure? The vast majority of Californians begin to file divorces on their own, without representation. Most are trying to save legal expense and want to get things finished quickly. The reality is most don’t succeed, and usually…
How is domestic violence defined under federal and state law? Families in California might benefit from learning more about how domestic violence issues are governed by state and federal entities. The state laws are designed to prevent violence from occurring within the family or in intimate relationships. Domestic violence in California may be described as a criminal act that happens…