How Should Divorcing Couples Divide their Homes

How Should Divorcing Couples Divide their Homes

Pierre Domercq Divorce

How should divorcing couples divide their homes in Carlsbad, Encinitas, Oceanside or Vista?  When California couples divorce, property division issues such as the family home can be challenging and drawn out.  Often, each spouse has something that he or she wants and is willing to make concessions to get.  However, a challenge presents itself with the couple’s home, which tends …

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.” …

Who Gets the House in a North County San Diego Divorce

Who Gets the House in a North County San Diego Divorce?

Pierre Domercq Community Property Division

Who gets to keep the house in a North County San Diego Divorce?  We are often asked this question, however there is (of course) no simple answer.  The family home represents many things to both parties in a divorce. There are many components: financial, emotional, impact on the children, and even pride and the amount of work you’ve invested into …

How Quickly Can I Get Divorced In Carlsbad or North County

How Quickly Can I Get Divorced In Carlsbad or North County

Pierre Domercq Divorce

Two questions pop up pretty early in the attorney/client first interview regarding divorce in Carlsbad and North County:  “How quickly can I get divorced in Carlsbad or North County?” is often the first; and “how much will it cost?” is often the second. The Court must have jurisdiction over both spouses for a minimum of 6 months before the marital …

What are the Steps to a Divorce in North County San Diego?

Pierre Domercq Divorce

What are the steps to a divorce in North County San Diego and what should you do to begin your planning and preparation? While every divorce in Carlsbad, Oceanside or Encinitas is unique there is a common process all divorces must follow here in San Diego. The basic process includes the initial filing, financial disclosures by the parties, negotiation and/or …

Retirement Assets and Property Division in a North County San Diego Divorce

Pierre Domercq Divorce

How are issues such as retirement assets and property division in a North County San Diego divorce handled? Does social security, retirement benefits or a pension come into play? Almost every North County or Carlsbad divorce case involves the division of retirement assets. The experienced divorce attorneys at Burke & Domercq provide sound advice and counsel to prevent the division …

How are Social Security Benefits Handled in a North County Divorce?

Pierre Domercq Divorce

The number of divorces in couples over the age of 55 often referred to as “Gray Divorces” has significantly increased over the past several years. Usually the couple has been married for quite some time and crucial issues in the divorce include the division of community property, spousal support and how social security and retirement benefits are to be divided. …