Pay Close Attention to Retirement Accounts in a Divorce

Pay Close Attention to Retirement Accounts in a Divorce

Pierre Domercq Divorce

It is important to pay close attention to retirement accounts in a divorce in North County or Carlsbad.  For many California couples who decide to divorce, their retirement accounts represent the largest single asset of the marriage and are of critical importance to both parties’ financial futures.  This is one reason that over 62 percent of divorce lawyers in a …

Date of Separation Matter in a Carlsbad Divorce

Why Does the Date of Separation Matter in a Carlsbad Divorce?

Pierre Domercq Divorce

Why does the Date Of Separation or DOS matter in a Carlsbad divorce?  California divorce law uses the date of separation as an important “line” when dividing community property.  The central asset and debt issues in a divorce are: When did the parties become a “community” When did the parties cease to be a “community” and become separate parties in …

Community Property Division in a Carlsbad Divorce

Community Property Division in a Carlsbad Divorce isn’t Just Dividing All Assets in Half

Pierre Domercq Divorce

Community property division in a Carlsbad divorce isn’t just dividing all assets in half and giving each former spouse their 50% share.  Here in California, community property is to be divided equally and equitably between the parties.  However, this doesn’t mean you sell every asset, pay off every debt and divide the remaining money equally between the parties.  Part of …

Retirement Accounts in a Divorce Require Special Documents

Retirement Accounts in a Divorce Require Special Documents

Pierre Domercq Retirement Asset Division

Did you know retirement accounts in a divorce require special documents known as Qualified Domestic Relations Orders or QDROs?  Can a DIY divorce truly manage the QDRO process? According to the State of California more than 80% of couples begin the divorce process on their own.  Here in Carlsbad our own Family Law Court reports less than half are able …

Community Property in a Carlsbad Divorce

What is Considered to be Community Property in a Carlsbad Divorce

Pierre Domercq Divorce

What is considered to be community property in a Carlsbad divorce and how is it divided between the parties? Community property is basically all property, assets or income earned by either or both of the parties during the term of the marriage.  Here in California, community property is to be divided equally between the parties. However, the determination of what …

What Happens When a Business Asset in a Divorce is Losing Money?

What Happens When a Business Asset in a Divorce is Losing Money?

Pierre Domercq Divorce

What happens when a business asset in a divorce is losing money?  In a North County San Diego divorce all assets of the parties must be divided according to California’s community property laws.  This includes the ownership interests in a business or professional practice. Normally, the business would undergo an independent “valuation” to establish the value of the community’s ownership …

College Education or Professional License be an Asset with Value

Can a College Education or Professional License be an Asset with Value in a Divorce?

Pierre Domercq Divorce

Can a college education or professional license be an asset with value in a divorce?  California has extensive case law regarding the value of an education or professional license that was obtained during the course of the marriage.  California recognizes the sacrifice that both parties must make in order to complete an education or to obtain a professional license, especially …

You Are Financially Accountable to Your Ex Until the Divorce is Final

You Are Financially Accountable to Your Ex Until the Divorce is Final

Pierre Domercq Divorce

Did you know you are financially accountable to your ex until the divorce is final?  What is a fiduciary duty and how does it govern the behavior of former spouses during a divorce in Carlsbad or anywhere in Carlsbad? It is important to understand all aspects of a divorce in Carlsbad, especially when it comes to money.  There are countless …