Difference Between Separate Property and Community Property

What is the Difference Between Separate Property and Community Property

Pierre Domercq Divorce

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 …

handling a business in a North County divorce

Options for Handling a Business in a North County Divorce

Pierre Domercq Divorce

There are many options for handling a business in a North County divorce. If you or your spouse own a business or an interest in a business or professional practice you need the experienced Certified Family Law Specialists at Burke & Domercq. The questions surrounding a business during a divorce are legally quite complex and the impact on the day-to-day …

Fiduciary Duties of Former Spouses During a Divorce

The Fiduciary Duties of Former Spouses During a Divorce

Pierre Domercq 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 …

Spousal Support Determined in North County San Diego

How is Spousal Support Determined in North County San Diego Divorce

Pierre Domercq Spousal Support

How is spousal support determined in North County San Diego?  Is there a specific calculation method to determine the amount and duration of spousal support in Carlsbad and the surrounding area? California has very specific guidelines for the calculation of child support during a North County or Carlsbad divorce, but spousal support is much less rigidly formatted under California law. …

Dividing a Professional Practice or Business Related Community Asset

Dividing a Professional Practice or Business Related Community Asset

Pierre Domercq Professional Practice & Business Ownership

If you are a business owner or you a divorcing a business professional or owner of a company there will be many questions about dividing a professional practice or business related community asset in a North County or Carlsbad divorce.  If the business was purchased during the course of the marriage, or marital assets were used to support the business …

Your Spouse may be Attempting to Hide Assets during your Divorce

Do You Think Your Spouse may be Attempting to Hide Assets during your Divorce?

Pierre Domercq Divorce

Do you think your spouse may be attempting to hide assets during your divorce?  The initial orders and instructions in a North County or Carlsbad divorce require former spouses to disclose all assets and liabilities to each other in a complete, transparent and accurate manner. Each spouse has a fiduciary duty to act in the other’s best interests. Violating these …

Community Property or Separate Property

Community Property or Separate Property in Your Divorce?

Pierre Domercq Divorce

What is community property and what is separate property in your North County or Carlsbad divorce? Why is the “date of separation” such an important issue in your divorce? When a couple divorces in Carlsbad, their assets and debts (or liabilities) must be carefully accounted and appropriately divided. The property, assets, accounts and investments which they acquired or accumulated during …

Keep Separate Property Separate from Community Property

Keep Separate Property Separate from Community Property During a Carlsbad Divorce

Pierre Domercq Divorce

What is “separate property” in a Carlsbad divorce and how can you ensure to keep separate property separate from community property during a Carlsbad divorce? The way you manage your separate property and conduct your affairs immediately leading up to and during the course of your divorce can make a difference in how much of the separate property you may …

Establishing the Valuation of a Business in a North County Divorce

Establishing the Valuation of a Business in a North County Divorce

Pierre Domercq Professional Practice & Business Ownership

What is the process for establishing the valuation of a business in a North County divorce? How will a business ownership or an interest in a professional practice be handled in the divorce? These questions are actually quite legally complex and this is why it is important to be represented by Carlsbad divorce attorneys with decades of experience in cases …