Manage the Community Interest in a Business During a San Diego Divorce

How do You Manage the Community Interest in a Business During a San Diego Divorce?

Pierre Domercq Professional Practice & Business Ownership

How do you manage the community interest in a business during a San Diego divorce?  What are the options available to the owner of the business and/or their spouse? The first step is to establish the value of the marital interest in the business before the Court.  The process, known as “valuation,” usually involves certified appraisal expertise and can be …

How will the Court Differentiate Community Property From Separate Property in your Carlsbad or San Diego divorce?

How Will the Court Differentiate Community Property From Separate Property

Pierre Domercq Community Property Division

We are often asked how the Court will differentiate community property from separate property in a Carlsbad divorce case.  You are required to fully, truthfully and accurately disclose all assets, property, investments, retirement accounts, business or professional practice interests, collections, debts, obligations, loans and credit cards to the Court at the outset of your divorce.  You will be required to …

Dividing the Growth in a Business During a San Diego Divorce - Valuation

Dividing the Growth in a Business During a San Diego Divorce

Pierre Domercq Professional Practice & Business Ownership

How is a business handled in a San Diego divorce?  One of the first questions is when was the business interest acquired?  If the business was acquired or started during the course of the marriage it will be considered as a community asset which is to be divided equally between the parties.  If the business was acquired prior to the …

Difference Between Community Property and Separate Property Divorce

What is the Difference Between Community Property and Separate Property in a San Diego Divorce

Pierre Domercq Community Property Division

What is the difference between community property and separate property in a San Diego divorce?  Why is this important and how can you best protect your interests? Here in California, all community assets and debts are to be equally divided between the parties.  Community property is considered to be any asset or debt which was obtained or incurred by either …

Do you have Quasi-Community Property in Your San Diego Divorce?

Do you have Quasi-Community Property in Your San Diego Divorce?

Pierre Domercq Community Property Division

Do you have quasi-community property in your San Diego divorce?  What is the nature of community property versus separate property and when could an asset or liability be considered quasi-community property in your San Diego divorce? Here in California, the community property of a couple must be equally divided during a divorce.  Community property includes all assets and debts which …

Student Loans and the Division of Debts in a San Diego Divorce

Student Loans and the Division of Debts in a San Diego Divorce

Pierre Domercq Divorce

What happens with student loans and the division of debts in a San Diego divorce?  How are assets and debts characterized and divided during a divorce? The division of community property is a complex process in many San Diego divorce cases.  Generally speaking, property and debt acquired before the marriage is considered to be “separate” from the community assets of …

the Date of Separation a Critical Date

Why is the Date of Separation a Critical Date in the Divorce Process

Pierre Domercq Divorce

Why is the Date of Separation a critical date in a California or North County divorce?  A fairly recent Court decision and new law has clarified this critical issue. The “Date of Separation” is legally the day when the “community” between the spouses ends, and the parties are able to engage in financial matters and decisions as individuals.  The Date …

when should i file for a divorce

When Should I file for a divorce in North County San Diego

Pierre Domercq Divorce

We are often asked “When should I file for a divorce and does it matter if I file first?  California residents who are considering divorce may be interested to learn that the most common times to file are in January, March and August. These three months do have a common denominator; they all symbolize a new beginning for those looking …