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…
Carlsbad
Managing Domestic Violence Restraining Orders in Carlsbad
Managing domestic violence restraining orders in Carlsbad or anywhere in North County can have a significant affect on child custody and other aspects of your divorce. The experienced domestic violence and divorce attorneys at Burke & Domercq have each represented clients in restraining order cases before North County Family Court for decades. How will this impact your life and your…
The Fiduciary Duties of Former Spouses During a Divorce
What are the fiduciary duties of former spouses during a divorce in North County or Carlsbad? What is a fiduciary duty? Generally speaking, a fiduciary duty is the legal responsibility to act in the other’s best interest. It requires the highest legal standard of “fair dealing” and “good faith.” Each party will be held to this high standard of acting…
How the Valuation of a Small Business is Established in a Carlsbad Divorce
The process of how the valuation of a small business is established in a Carlsbad divorce will have a substantial financial impact on your divorce. What happens to a closely-held business in a divorce in Carlsbad Encinitas or Oceanside? Why is the valuation of the business such a complex legal issue in many cases? When a small business is considered…
How an Attorney With Decades of Experience Serve Your Interests in a Carlsbad Divorce
How does an attorney with decades of experience serve your interests in a Carlsbad or North County divorce? The majority of Californians initially attempt to file their divorce without legal representation. Unfortunately, less than half of these are able to successfully complete their divorce. A local judge was recently quoted: “I ask everyone who appears before me how long they’ve…
How Long Does Child Support in a Carlsbad Divorce Last?
How long does child support in a Carlsbad divorce last? Child support in Carlsbad, Vista, Encinitas and Carlsbad is intended to cover the principle expenses of the child including housing, food, healthcare, clothing and incidentals such as school supplies. Child custody, parenting time and even spousal support may have an impact upon child support, but these calculations usually are based…
Child Custody Parenting Time and Support Survive the Expiration of a Restraining Orderf
Why are restraining orders so important in a domestic violence case surrounding a divorce action? Why should you attend the hearing and fight against a temporary restraining order becoming permanent? Did you know child custody parenting time and support survive the expiration of a restraining order? A few years ago California’s legislature enacted new laws under the “Domestic Violence Protection…
Can My Spouse Be Ordered to Pay Child Support During the Divorce?
We are often asked “Can my spouse be ordered to pay child support during the divorce?” Yes, it is absolutely possible to obtain orders from our Carlsbad family law court regarding temporary child support as well as temporary spousal support during a North County or Carlsbad divorce. For example, if you have either been a stay-at-home parent or earn less…
Can Child Support be Modified After Your Divorce Decree?
Can child support be modified after your divorce decree has been issued? The amount of child support may be modified after the divorce decree is issued in your case, however the Court is not a revolving door and there are specific requirements which must be met in order for our North County Family Court to hear your request. Most divorced…
Spousal Support after a Long Term Marriage in Carlsbad
Is there usually an award of spousal support after a long term marriage in Carlsbad or North County? The important time frame in these divorce cases is often established when the underlying marriage passes the 10 year mark. If you are married less than 10 years, the amount and duration of spousal support is often much less than what is…