Author Archives: Jay Butchko
How Will the Court Treat Commingled Property in My Divorce?
In every divorce case in California, part of the divorce process involves distributing community property. Under California’s community property laws, the court will typically split the community assets in an equal, or 50/50 manner, between the spouses. All separate property will usually be confirmed tothe spouse who owns the separate property. Yet complications can… Read More »
How to Obtain a Legal Name Change
There are various reasons that a person in California may want to obtain a legal name change: getting married, getting divorced, after an adoption, after becoming a US citizen, in the aftermath of domestic violence, or in seeking a name change to match your gender identity or your child’s gender identity. Name changes are… Read More »
How to Adopt an Adult
While it might initially sound odd or unexpected, there are several different reasons that an adult may want to legally adopt another adult in California. Why would one adult want to adopt another adult, and why would an adult want to be adopted? In some cases, adult adoptions occur in order to make a… Read More »
Family Code 3044 and the Presumption Associated with a Finding of Domestic Violence
When parents of minor children go through a divorce or a separation, courts must address child custody and visitation. Child custody in California has two components. First, courts address physical custody, which refers to the supervision and physical care of the child, meaning where the child lives and which parent provides the day-to-day care…. Read More »
Can I Choose to Seek an Annulment Instead of a Divorce?
Are you considering the possibility of ending your marriage? If so, you may be wondering if you are able to file for an annulment rather than a divorce. The process of annulment is often misunderstood, and many people are under the misconception that annulment is easier than going through a divorce and that it… Read More »
Will My Prenuptial Agreement Be Enforced in My Divorce?
Many married couples in the San Jose area have prenuptial agreements, also known as premarital agreements, that they entered into prior to their marriage. Premarital agreements are quite common, and they allow parties who will be getting married to reach agreements about issues, such as the division of assets or debts, or spousal support… Read More »
How Are Pensions Divided in a California Divorce?
Whether you have been married for only a few years or for many decades before a divorce, you and your spouse have likely contributed to your respective retirement savings during your marriage. Given that most property acquired during the marriage will be classified as community property and subject to distribution, you should anticipate that,… Read More »
When Does Child Support End in California?
Contrary to what many think, child support in California doesn’t just automatically end when your kid turns 18. At Foster Hsu, LLP, we break down the practical truth behind California’s child support timeline. Our San Jose child support lawyers have helped countless San Jose and Bay Area families navigate child support transitions. What California… Read More »
When Is Spousal Support Denied in California?
Let’s begin with a fact too few people know: spousal support in California isn’t guaranteed. Judges weigh dozens of factors in every case when setting long-term spousal support. Sometimes support is denied outright, other times support is limited because the spouse requesting support either doesn’t need it or the payor simply can’t afford it…. Read More »
Can Your Ex Retire To Avoid Paying Spousal Support?
Spousal support, or alimony, is often one of the most contentious aspects of a divorce settlement. If you are receiving spousal support, you may worry about what happens if your ex-spouse decides to retire. Can they simply stop working to avoid making payments? In California, the answer is not so straightforward. While retirement can… Read More »
