What is the Date of Separation in a San Diego Divorce - Family Lawyers

What Constitutes the Date of Separation in a San Diego Divorce

Pierre Domercq Divorce

What constitutes the date of separation in a San Diego divorce and why is this such an important date in the process of your divorce in Carlsbad or North County? The “Date of Separation” used to be the date the couple physically separated households prior to a divorce. California law on the subject was recently changed to reflect the difficult …

Commingling Community and Separate Property Complicates a Divorce

Commingling Community and Separate Property Complicates a Divorce

Pierre Domercq Divorce

Commingling community and separate property complicates many Carlsbad 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 which specifically establishes …

Commingling Separate Property Make it Completely Community Property

Does Commingling Separate Property Make it Completely Community Property

Pierre Domercq Divorce

Does commingling separate property make it completely community property in a Carlsbad or North County Divorce?  One of the most important aspects of a California divorce outside of child custody or parenting time is the characterization of property and how it is divided. If you owned property or had investments or a trust account before getting married, those assets are …

When Separate Funds are used for Marital Purchases

When Separate Funds are used for Marital Purchases

Pierre Domercq Divorce

What happens when separate funds are used for marital purchases prior to a divorce?  This occurs when one of the spouses uses money or assets they had prior to marriage (known as “separate property”) to purchase an asset which is classified as community property in a divorce such as the family home.  How do you protect separate assets from community …

Do I Have to Move Out Before a Divorce

How Will Our Property be Divided in a Carlsbad Divorce

Pierre Domercq Community Property Division

How will our property be divided in a Carlsbad divorce?  California is a “community property” state.  The marital assets and debts of parties considering a divorce are therefore known as “community property.” Community property is to be divided equally between the spouses. This includes all acquisitions during the course of the marriage, all debts incurred and the earnings of both …

When Separate Funds are used for Marital Purchases

What is the Difference Between Separate Property and Community Property

Pierre Domercq Divorce

What is the difference between separate property and community property in a North County or Carlsbad divorce? Why does the distinction between separate property and community property matter? The short answer is found in the division of the property during a divorce. Community property is generally divided fairly equally between the parties under California law. Separate property is not subject …

handling a business in a North County divorce

Options for Handling a Business in a North County Divorce

Pierre Domercq Divorce

There are many options for handling a business in a North County divorce. If you or your spouse own a business or an interest in a business or professional practice you need the experienced Certified Family Law Specialists at Burke & Domercq. The questions surrounding a business during a divorce are legally quite complex and the impact on the day-to-day …

Retirement Divided in Divorce When Only Part of the Years Served

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 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 service and the …

Your Spouse may be Attempting to Hide Assets during your Divorce

Do You Think Your Spouse may be Attempting to Hide Assets during your Divorce?

Pierre Domercq Divorce

Do you think your spouse may be attempting to hide assets during your divorce?  The initial orders and instructions in a North County or Carlsbad divorce require former spouses to disclose all assets and liabilities to each other in a complete, transparent and accurate manner. Each spouse has a fiduciary duty to act in the other’s best interests. Violating these …