A Prenuptial Agreement Isn't a Prediction of Future Divorce

A Prenuptial Agreement Isn’t a Prediction of Future Divorce

Pierre Domercq Prenuptial Agreement

A prenuptial agreement isn’t a prediction of future divorce.  In fact, the process of developing and implementing a prenuptial agreement can help to establish a stronger relationship between the parties and increase the likelihood of success for the coming marriage. Over the years prenuptial agreements have gotten a really bad reputation, carrying a stigma based on the common myth “it …

Carefully Planning and Establishing the Date of Separation

Carefully Planning and Establishing the Date of Separation is an Important Step in Divorce

Pierre Domercq Divorce

Carefully planning and establishing the date of separation is an important step in a divorce in Carlsbad.  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 careful planning regarding …

Community Funds to Improve Separate Property

Using Community Funds to Improve Separate Property is a Poor Option

Pierre Domercq Divorce

Using community funds to improve separate property is a poor option during your marriage.  It can prove especially costly in a subsequent divorce. The property each individual owns prior to a marriage is considered “separate” property under California law.  In most cases, the money each of them earns at work and anything they purchase during the course of the marriage …

Quasi-Community Property in a Carlsbad Divorce

What is Quasi-Community Property in a Carlsbad Divorce?

Pierre Domercq Divorce

What is quasi-community property in a Carlsbad divorce?  How are the debts and assets of a married couple divided in a California divorce? There are three general types of property in a Carlsbad divorce case: Community Property Quasi-Community Property Separate Property If an asset or property was purchased during the course of the marriage is located physically within the State …

separate property in a Carlsbad Divorce

What is Separate Property in a Carlsbad Divorce Case?

Pierre Domercq Divorce

What is separate property in a Carlsbad divorce case?  California is a “community property” state.  This simply means all debts and assets acquired by either or both of the parties during the term of the marriage (with a few exceptions) are considered to be community property and must be divided equally between the parties. There are three basic types of …

What Establishes the Date of Separation

What Establishes the Date of Separation

Pierre Domercq Divorce

Why is the date of separation important in a Carlsbad divorce and what actually establishes the date of separation in your divorce? California enacted a new updated law a few years ago to clarify what actually establishes the date of separation in a divorce.  Prior to that date, California law in essence required the parties to physically move apart from …

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 …

Raise the Issue of a Prenup Before the Wedding

How to Raise the Issue of a Prenup Before the Wedding

Pierre Domercq Family Law

There are many sound legal and financial reasons to consider a prenuptial agreement or “prenup” before getting married.  However, many people simply don’t know how to raise the issue of a prenup before the wedding without upsetting their spouse or disturbing the relationship. This is quite understandable.  After all, who wants to even consider issues regarding the end of a …

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 North County or Carlsbad 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 …