Status Quo and Post Divorce Decree Modification in North County

How Violating a Restraining Order Could Affect the Outcome of a Divorce

Pierre Domercq Domestic Violence

Violating a restraining order could definitely affect the outcome of a divorce case here in Carlsbad.  What happens when one of the parties in a divorce seeks an Emergency Protective Order (EPO) resulting in a restraining order for the other party?  A temporary restraining order is often issued based simply upon the request of a person, and it will be …

Social Media Be Used Against You in a Divorce

Can Social Media Be Used Against You in a Divorce?

Pierre Domercq Divorce

Can social media be used against you in a divorce in Carlsbad or anywhere in North County San Diego?  Divorce today can be much more complex.  Technology and social media actually creates evidence that can be used against you in divorce court.  For this reason you should be very careful when using any sort of social media or technology such …

When Do You Need a Carlsbad Child Custody Attorney

When Do You Need a Carlsbad Child Custody Attorney?

Pierre Domercq Child Custody and Visitation

When do you need a Carlsbad child custody attorney?  What determines child custody in a divorce case, and how can a parent pursue changes in North County San Diego child custody orders? Our local Courts are always focused on what is in the best interest of the child. Generally speaking, local Judges and Magistrates believe it is in the best …

How Long Does Domestic Violence Affect Child Custody

How Long Does Domestic Violence Affect Child Custody?

Pierre Domercq Domestic Violence

How long does domestic violence affect child custody after a divorce?  Once domestic violence has been established by a California Court, the burden of proof is clearly and heavily upon the violent offender to demonstrate that it is in the child’s best interest to modify child custody and parenting time orders. There have been several published cases at the Appellate …

Changes in California’s Family Lifestyles

Pierre Domercq Family Law

How are changes in California’s family lifestyles affecting family law and divorce in Carlsbad and North County San Diego? As Millenials and Baby Boomers age the “traditional family” stereotype is continually changing. The Pew Research Institute recently released a study which shows younger adults are choosing to live together and cohabitate instead of traditional marriage. This applies to couples of …

Should You Legally Separate Before Your Divorce?

Pierre Domercq Divorce

When should you consider a legal separation prior to a divorce in North County or Carlsbad? The answer may simply be “money” and the mitigation of risk. It may also be as simple as “I am not ready to divorce, and we need some time apart to work through some issues and figure out what’s best.” A legal separation in …

In the Rare Event … The Divorce Context of a Putitive Marriage

Pierre Domercq Divorce

What is a putitive marriage? How is the innocent spouse protected in these cases under California law? Generally speaking, a putitive marriage involves some form of technically legal barrier or impediment which means the marriage is not legally binding. The most common example involves a party who has not completed a prior divorce or is presently married to another person …

Establishing Legal Paternity Ensures You Have Access to Your Child

Pierre Domercq Professional Practice & Business Ownership

If you are an unwed father of a child there are some legal facts you may wish to be aware of. Even if you filled out all of the forms at the hospital your rights to see your child and share custody and parenting time must be ordered by a court in a process called “paternity.” Establishing your paternity is …