What is the impact of domestic violence in a North County divorce case? Genuine or false allegations of domestic violence can impact several aspects of the divorce including child custody and parenting time as well as spousal support. If you are found guilty of domestic violence you will in all likelihood be ineligible to receive spousal support. The experienced family…
Domestic Violence
How Will Domestic Violence Affect a Carlsbad Divorce?
In California we are a “no fault” divorce state, meaning one does not have to have grounds for a divorce. All divorces in California are considered to be based upon “irreconcilable differences.” So if there are no grounds required, how will domestic violence affect a Carlsbad divorce? What is the impact of one spouse accusing the other of violent acts?…
When Is Supervised Child Visitation or Parenting Time Necessary?
When is supervised child visitation or parenting time necessary? Child custody and parenting time issues can represent the most contentious areas of many Carlsbad and North County divorce cases. California law establishes the need for a child to regularly spend quality time with each parent following a divorce. What happens when it is unsafe or not in a child’s best…
Experience Makes a Significant Difference in a Contentious Divorce
Your divorce attorney’s legal skill and experience makes a significant difference in a contentious divorce. Are you concerned about what looks to be a contentious divorce. Is your partner unreasonable or emotionally “over-the-top?” Are you concerned about a personality disorder, controlling behavior and even the potential for or existence of domestic violence? The experienced Certified Family Law Specialists at Burke…
What a Restraining Order Can and Cannot Do
It is important to fully understand what a restraining order can and cannot do, especially in the light of a divorce. Unfortunately, domestic violence happens in many North County homes each year. In these situations, one or more members of a household could request restraining orders against others who are living with them. It is beneficial for them to know…
Answering an Accusation of Domestic Violence in a Divorce
What is the best strategy for answering an accusation of domestic violence in a divorce? Your former spouse has obtained an emergency restraining order after accusing you of abuse, child abuse or some other form of domestic violence. Many people ignore the issues surrounding a restraining order, but the consequences can have a life-altering and permanent impact on multiple aspects…
Restraining Order in a Carlsbad Divorce
How should you handle a restraining order in a Carlsbad divorce What impact will domestic violence allegations have upon your divorce? Can restraining orders affect child custody and parenting time? Domestic violence is a serious issue, and Burke & Domercq is concerned about the protection and safety of all parties and the children in these situations. There are genuine instances…
Standing Up to False Accusations of Child Abuse During a Divorce
Standing up to false accusations of child abuse during a divorce protects not only your relationship with your children, but your future employment and quality of life as well. It is important to note Burke & Domercq, APC is committed to the safety and protection of all, and domestic violence is a serious issue. Unfortunately, we have seen multiple cases…
Fighting a Restraining Order Can Help Your Divorce
Fighting a restraining order can help your divorce case here in North County. Why should you fight to keep a temporary restraining order from becoming permanent? Why are domestic violence allegations so important if you are planning a divorce in Carlsbad or North County San Diego? The Certified Family Law Specialists at Burke & Domercq, APC help those who are…
Emails and Texts in Child Custody and Domestic Violence Disputes
What are the legal roles of emails and texts in child custody and domestic violence related disputes in a Carlsbad divorce or post-decree matter? Are they admissible? The core issue is the level of anger and venom which is too easily communicated in a text or email. One comment spurs another and before too long things can get out of…