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 …

PDD in a Carlsbad Divorce

What is a PDD in a Carlsbad Divorce

Pierre Domercq Divorce

What is a PDD in a Carlsbad divorce?  One of the first documents you will be required to complete during a Carlsbad divorce is the Preliminary Declaration Disclosure or the PDD.  The PDD is intended to provide a transparent, accurate and complete disclosure of all known assets and liabilities to the other party.  Your former spouse will also complete a …

Texts Admissible in a Divorce

Are Texts Admissible in a Divorce

Pierre Domercq Divorce

Are texts admissible in a divorce case in North County San Diego?  Today, many former spouses going through the process of a divorce here in Carlsbad, Oceanside or North County communicate via texts.  Texts can be quite harsh and it is not uncommon for a heated discussion to occur in this context.  Texts can go on and on, and often …

Retirement Division in a North County Divorce

Retirement Division in a North County Divorce

Pierre Domercq Divorce

How are retirement accounts, pension and social security handled in a North County Divorce? Retirement division in a North County divorce begins with the requirement for all retirement accounts such as 401k or pension plans to be divided equally based upon community property laws.  However, social security is considered “separate” property in a Carlsbad or Oceanside divorce and cannot be …

California's Six Month Waiting Period for a Divorce

California’s Six Month Waiting Period for a Divorce

Pierre Domercq Divorce

What is California’s six month waiting period for a divorce and when does the clock start?  California put this law in place to ensure that married couples had a “cooling off period,” an opportunity to give full consideration to the decision to divorce, and to allow time for a reconciliation.  Six months is the earliest that a court can approve …

Using social media during divorce poses many risks

Using Social Media During Divorce Poses Many Risks

Pierre Domercq Divorce

Using social media during divorce poses many risks which could have a long term impact on the quality of your life after the divorce.  Social media is a good way for friends and family to keep in touch.  For the most part, people post pictures of themselves, their kids and their activities with good intentions.  However, such information could be …

What Should You Know about Starting a Divorce

What Should You Know about Starting a Divorce?

Pierre Domercq Divorce

What should you know about starting a divorce in Carlsbad, Encinitas, Oceanside, Vista or North County?  A divorce is actually commenced when one of the spouses file is a petition to dissolve the marriage in the Superior Court.  Simultaneously with the filing of the petition to dissolve the marriage the court issues a summons.  Then the summons and petition must …

Older Couples are Divorcing at an Increasing Rate

Older Couples are Divorcing at an Increasing Rate

Pierre Domercq Divorce

While surveys show that the nation’s divorce rate may actually be going down, older couples are divorcing at an increasing rate.  Unfortunately, couples over the age of 50 in California and around the country are far more likely to see their marriages fail than they were in decades past.  The rate of what sociologists call “gray divorce” doubled between 1990 …

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.” …