Are you wondering what creates a conflict of interest for a divorce attorney? When you contact Burke & Domercq to schedule your initial divorce consultation we will first need to make sure our firm doesn’t have any conflict of interest in your case. What types of issues could create a conflict of interest for our attorneys or firm in a…
What happens when your income changes while spousal support orders are in effect? If the payor receives a substantial increase in pay is the payee entitled to an increase in spousal support? What happens when the payor’s income is reduced? Likewise what happens when the recipient lands a new job with a significant pay increase or cohabitates with a new…
The valuation of a business or professional practice in a divorce in North County or Carlsbad is not simply the fair market value of the business, or the price a “willing” seller would pay a “willing” buyer. It is a complex calculation involving several factors including the fixed and real assets of the business, as well as income and Goodwill.…
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…
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…
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…
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 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…
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…
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…