Should you consider mediation as part of your San Diego divorce? Mediation should always be a tool when approaching a divorce. This is especially true if you have children, if either or both parties own their own business or if the marriage involves substantial assets. Remember, retirement plans are usually at least partially if not entirely marital assets and the…
Mediation
Important Issues to Address in a San Diego Parenting Plan
What are the most important issues to address in a San Diego parenting plan? What is the best strategy to achieve your own goals and objectives while preserving the “best interests of the child(ren)?” The parenting plan is a document which details everything about the life of the child during and after a divorce including but not limited to: How…
Is it Possible to Have a Divorce With Dignity in San Diego
It is absolutely possible to have a divorce with dignity in San Diego. The decision to end a marriage is a difficult point to reach. While there may be many emotions, regrets or even anticipation as you experience each moment of this reality, the next decisions you make will have a lot to do with your own experience of divorce. …
Do You Have to Pay Child Support in San Diego if Parenting Time is Equally Divided?
Do you have to pay child support in San Diego if parenting time is equally divided? There are many factors which go into the determination of child support in a San Diego divorce, as well as post-decree modifications to existing orders of support. The amount of parenting time is one of those factors, but not the deciding factor. It is…
A Sound San Diego Divorce Strategy Should Involve Give and Take
A sound San Diego divorce strategy should involve give and take and a sound understanding that family law cases are in most situations rarely a “win” or “lose” proposition. There are absolutely specific issues and positions which cannot be negotiable and the Certified Family Law Specialists at Burke & Domercq have a proven track record of protecting our client’s interests…
What is the Difference Between a Contested Divorce and an Uncontested Divorce in San Diego?
What is the difference between a contested divorce and an uncontested divorce in San Diego? An uncontested divorce, often called a dissolution, can occur when the parties have reached agreement upon every issue associated with their divorce. A Family Court Judge cannot grant a divorce unless and until every relevant issue is completely resolved. This includes, but is not limited…
How Does California Determine Child Support
How does California determine child support in a divorce or paternity case? What are some of the factors which affect the amount of child support to be paid in your case? Under California Family Law, both parents are legally responsible for providing food, clothing, shelter, education and care for a child until a child graduates high school or reaches the…
Is The Settlement Agreement Important in a Carlsbad Divorce?
What is a “Settlement Agreement” and is the Settlement Agreement important in a Carlsbad divorce case? The Settlement Agreement is a written document which captures and memorializes (preserves, thoroughly describes) any agreement(s) reached between former spouses or domestic partners who are separating or divorcing. What makes the Settlement Agreement important in a Carlsbad divorce is the way it serves as…
Is Divorce Mediation an Option for You?
Is divorce mediation an option for you and your unique circumstances? When should you consider mediation in a San Diego divorce? Your divorce will come down to the ability for you and your former spouse to resolve every issue where there is presently disagreement. Your divorce cannot be completed until every issue associated with the Separation Agreement is completely resolved. …
How Long Do I Have to Pay Spousal Support During and After a Carlsbad Divorce?
One of the most common questions we are asked in a Carlsbad or San Diego divorce case is: How long do I have to pay spousal support during and after a Carlsbad divorce? What is the difference between temporary and permanent spousal support orders? Spousal support has been established by California Family Law Code to level the financial playing field…