What are the factors which justify child custody or parenting time modification in San Diego? What must happen in order to request a change in these orders during or after your divorce? The existing temporary or permanent child custody and parenting orders reflect the Court’s perspective of “the best interests of the child(ren).” While these orders are not locked in…
Domestic Violence
When Do You Need a Family Law Lawyer?
What is “Family Law” and when do you need a family law lawyer? Here in California, Family Law generally applies to the types of cases heard by our Family Court. The most common cases are a divorce or the modification of orders issued by the Family Court. Family Court also extends to issues associated with domestic violence, restraining orders and…
How Does Domestic Violence Affect a San Diego Divorce
It may surprise you to learn 1200 people per hour are abused by a spouse, domestic partner or significant other in the United States. How does domestic violence affect a San Diego divorce? If you or someone you love has been physically or emotionally abused and is considering the end of their marriage or seeking advice the Certified Family Law…
How Can I Get Spousal Support in a San Diego Divorce?
You may be wondering “How can I get spousal support in a San Diego divorce?” Spousal support is usually a tool the Family Court considers to level the financial playing field between the two parties. While child support is fairly straight forward and based upon specific calculations, spousal support is much more vague and legally complex. This is why it…
You Could Lose Custody of Your Kids During or After a San Diego Divorce
Did you know you could lose custody of your kids during or after a San Diego divorce? If you have children and are contemplating or in the process of a divorce you may believe child custody and parenting time are going to be equally divided between you and your former spouse. If your divorce has been completed and custody and…
Domestic Violence Priors May Affect Your Carlsbad Divorce
Domestic violence priors may affect your Carlsbad divorce and crucial aspects such as child custody and spousal support. California residents, and those across the country, are all too familiar with stories of relationships gone bad. Domestic violence continues to be an issue in the San Diego community and has actually risen in the presence of COVID-19. The extreme situation is…
Domestic Violence in Carlsbad Divorce Cases
How will the Court handle domestic violence in Carlsbad divorce cases? What is the impact of restraining orders and findings of domestic violence in a North County family law case? Those who have experienced domestic violence, especially in the context of the end of a marriage and divorce, often feel isolated and that there aren’t many options available for help.…
It is Important to Fight Restraining Orders in a San Diego Divorce Case
It is important to fight restraining orders in a San Diego divorce case to protect your rights as a parent if you are falsely accused. Why should you contact Burke & Domercq and make sure to go to the hearing if you’ve been served with a restraining order and are approaching or in the midst of a divorce? It’s important…
“The Unmarried Mother of Our baby Can Leave Town and I have No Legal Say in the Matter?”
We are often asked something to the effect of “The unmarried mother of our baby can leave town and I have no legal say in the matter?” It may surprise many San Diego residents to learn that more than half of the children born in the United States today come into a family with unmarried parents. The norms have changed, and…
The Effects of COVID-19 on Domestic Strife in North County
The effects of COVID-19 on domestic strife in North County and Carlsbad have resulted in increased new divorce filings. Many family law advocates have noted an increase in both reported and unreported domestic violence. Common beliefs about domestic violence and resulting child custody and parenting time orders may not reflect the reality of today’s Family Courts. Domestic violence often results…