need to know about the Date Of Separation

What Do You Need to Know about the Date Of Separation (DOS)

Pierre Domercq Divorce

What do you need to know about the Date Of Separation (DOS) in a Carlsbad or North County divorce?  The Date Of Separation is a crucial date in any California divorce.  The DOS marks the point in time where the former spouses can begin to accumulate their own separate assets and financial accounts.   The Date of Separation is the moment …

Divorce Collectors Can Still Come After You Even if Your Ex

After a Divorce Collectors Can Still Come After You Even if Your Ex was Ordered to Pay the Debt

Pierre Domercq Community Property Division

After a divorce collectors can still come after you even if your ex was ordered to pay the debt.  Many of our clients are surprised to learn they continue to be responsible on all debts to which they were a signator during the marriage.  Why is that? During a divorce proceeding all community debts and assets are evenly distributed between …

Commingling separate property

Commingling Separate Property Complicates Divorce

Pierre Domercq Divorce

Commingling separate property with community property complicates many North County divorce cases.  Carlsbad, Oceanside, Encinitas and Vista residents who are contemplating divorce may wonder what happens to gifts or inheritances which were given to one partner during the marriage. That depends on whether or not the gift was commingled with marital funds. In the absence of a prenuptial agreement that …

Protect Your Business During Your Divorce

Protect Your Business During Your Divorce

Pierre Domercq Professional Practice & Business Ownership

What are the best strategies to protect your business during your divorce in Carlsbad, Oceanside, Encinitas or North County San Diego?  Will your company be a part of the community property settlement or will it be classified as “separate” property?  These are crucial questions for any business or professional practice owner who is considering a divorce.  Generally speaking, if you …

How Are Belongings, Assets and Debts Divided in a North County Divorce?

Pierre Domercq Divorce

How are belongings, personal property, assets and debts divided in a North County divorce? The legal term for these issues is “community property.” Community property is to be divided equally between the parties. While this may sound easy and straight forward, the reality is completely different in many Oceanside, Encinitas and Carlsbad divorce cases. Community property encompasses any asset or …

How is Retirement Divided in Divorce When Only Part of the Years Served Were During the Marriage

Pierre Domercq Divorce

How is retirement divided in a North County divorce when only part of the years served were covered by the duration of the marriage? This is a question of “community property” and “separate property” and a recent California Appeals Court case sheds some light on this issue. For example, if the retirement in question was based upon 30 years of …

Establishing the Date of Separation is an Important Step in Divorce

Pierre Domercq Divorce

Establishing the date of separation is an important step in a divorce in North County. The date of separation occurs when one of the spouses provides “notification” to the other spouse that they intend to end the marriage, and that spouse takes consistent action after that date to bring the marriage to conclusion. Why is establishing the date of separation …

Keep Separate Property Separate During a North County Divorce

Pierre Domercq Divorce

What is “separate property” in a North County divorce and how can you ensure separate property is protected from California’s division of community property laws during your divorce? The way you manage your separate property and conduct your affairs immediately leading up to and during the course of your divorce can make a difference in how much of the separate …

A Prenuptial Agreement Doesn’t Predict a Divorce

Pierre Domercq Prenuptial Agreement

Over the years prenuptial agreements have gotten a really bad reputation, carrying a stigma based on the common myth “it means you’re going into marriage expecting a divorce.” On the contrary, a prenuptial agreement doesn’t predict a divorce. In many cases the discussions and work a couple does together to ahead of their marriage lays a stronger foundation to help …