Keep Your Family Business During a Carlsbad Divorce

Keep Your Family Business During a Carlsbad Divorce

Pierre Domercq Professional Practice & Business Ownership

How do you keep your family business during a Carlsbad divorce?  Changes in the economy over the past decade have led to the creation of many new small businesses.  It is not uncommon for one or both of the former spouses to be involved in a closely-held business or LLC.  What happens to this business in a divorce action?  How …

Hidden Assets in a Carlsbad Divorce

Hidden Assets in a Carlsbad Divorce

Pierre Domercq Divorce

What happens when there are hidden assets in a Carlsbad divorce?  Divorcing spouses in California owe one another a fiduciary duty of fair dealing and good faith.  The Automatic Temporary Restraining Orders (ATROs) issued at the time of the divorce summons require limitations on financial expenditures and transactions (except in the normal course of business).  This does not provide the …

owned a business before getting married

I Owned a Business Before Getting Married – is this Separate Property?

Pierre Domercq Professional Practice & Business Ownership

We are often asked “I owned a business before getting married.  Am I going to be able to keep it?” What happens to a business in a Carlsbad Divorce?  How is the business handled if one of the spouses owned it prior to the marriage?  How is business ownership divided when the company started during the course of the marriage? …

separate property in a Carlsbad Divorce

What is Separate Property in a Carlsbad Divorce Case?

Pierre Domercq Divorce

What is separate property in a Carlsbad 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 of …

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 Carlsbad Divorce

How Is Business Ownership Valuation Divided in a Carlsbad Divorce?

Pierre Domercq Professional Practice & Business Ownership

How is business ownership valuation divided in a Carlsbad 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 the …

Cost Effective Strategies for a Carlsbad Divorce

Cost Effective Strategies for a Carlsbad Divorce

Pierre Domercq Divorce

What are some cost effective strategies for a Carlsbad 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 accurate …

calculation of the value of a business in a Carlsbad

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 North County or Carlsbad Divorce

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

Pierre Domercq Divorce

How is business interest divided in a North County or Carlsbad 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 …