separate property in a North County Divorce

What is Separate Property in a North County Divorce Case?

Pierre Domercq Divorce

What is separate property in a North County divorce case?  California is a “community property” state.  This simply means all debts and assets acquired by either or both of the parties during the term of the marriage (with a few exceptions) are considered to be community property and must be divided equally between the parties. There are three basic types …

Managing Your Small Business Through a Divorce

Managing Your Small Business Through a Divorce

Pierre Domercq Professional Practice & Business Ownership

Managing your small business through a divorce will be a challenging process.  There are so many concerns on your mind regarding the divorce, child custody and what will happen to your business?  How is a small business handled in a divorce? If you owned your small business prior to getting married and have not used any marital funds to support …

Business Ownership Valuation Divided in a North County Divorce

How Is Business Ownership Valuation Divided in a North County Divorce?

Pierre Domercq Professional Practice & Business Ownership

How is business ownership valuation divided in a North County divorce?  How do you establish and then ultimately divide the community property interest in a business or professional practice in a North County or Carlsbad divorce case?  In these cases, a “valuation” of the business or professional practice ownership must first be agreed upon or established by the Court.  Once …

Cost Effective Strategies for a North County Divorce

Cost Effective Strategies for a North County Divorce

Pierre Domercq Divorce

What are some cost effective strategies for a North County divorce?  Many Californians attempt to file their own divorce, but more than half of these wind up hiring an attorney to complete the process.  There are simply too many details to resolve, and every aspect of the settlement agreement, parenting plan, support payments and distribution of retirement accounts must be …

calculation of the value of a business in a North County

Calculation of the Value of a Business in a North County San Diego Divorce

Pierre Domercq Professional Practice & Business Ownership

If you are considering a divorce and you or your spouse jointly or separately own an interest in a business one of the most important issues will be the calculation of the value of a business in a North County San Diego divorce case.  When a divorce includes a business or professional practice the first step to determine the community …

Business Interest Divided in a Carlsbad or North County Divorce

How is a Business Interest Divided in a Carlsbad or North County Divorce?

Pierre Domercq Divorce

How is business interest divided in a Carlsbad or North County divorce?  The first question is simply “Is the business interest or any portion of it community property?” Is the business shared by both spouses, or is it owned by one of the parties?  What contributions have been made to the business by each spouse?  How much of the marital …

How Does Business Ownership Affect a Divorce in North County

How Does Business Ownership Affect a Divorce in North County San Diego?

Pierre Domercq Professional Practice & Business Ownership

How does business ownership affect a divorce in North County San Diego?  Many operating agreements attempt to establish an unreasonably low value for the ownership interest.  For example, a physician’s practice may establish the ownership value of each doctor’s interest in the practice at $35,000. In many cases, these clauses are shown to spouses in an attempt to intimidate them …

High Asset Divorces Require Strategic Planning

High Asset Divorces Require Strategic Planning

Pierre Domercq Divorce

High asset divorces require strategic planning and extensive legal skill and experience.  Financially substantive individuals who are considering a divorce in Carlsbad, Oceanside, Encinitas or North County should work with the well established, experienced Certified Specialists (family law) attorneys at Burke & Domercq who can provide sound counsel and guidance. Our attorneys help to protect our client’s interests and guide …

Property Division in a Divorce Isn't Simply a 50% Division of All Assets

Property Division in a Divorce Isn’t Simply a 50% Division of All Assets

Pierre Domercq Divorce

Property division in a divorce isn’t simply a 50% division of all assets.  Generally speaking, the court is seeking a fair and equal division of community property between the former spouses.  Part of the art and experience our attorneys bring to the table during any divorce are the creative solutions necessary to achieve a fair property division using “offsetting assets.” …