Author Archives: Jay Butchko
Prenups for Second Marriages: Protecting Your Kids and Assets
Second marriages often bring a fresh start and renewed hope for happiness. However, they also introduce unique financial and legal complexities, especially when children from a previous marriage are involved. A well-drafted prenuptial agreement (prenup) with Foster Hsu, LLP can help protect your assets, provide for your children, and set clear financial expectations between… Read More »
Navigating Virtual Divorce Hearings in the Zoom Age
The COVID-19 pandemic has accelerated the adoption of technology in various aspects of our lives, and the legal system is no exception. Divorce proceedings, once conducted exclusively in-person, have now embraced the virtual realm. In California, courts have increasingly utilized video conferencing platforms like Zoom to conduct hearings. While this shift offers convenience and… Read More »
Up in the Air: How Are Airline Miles Divided in a Divorce?
Dividing assets during a divorce can be complex, especially when it comes to non-tangible assets like airline miles. In today’s world, frequent flyer miles are often a valuable part of a couple’s shared resources, representing perks, upgrades, and even potential travel opportunities. But how do courts in California handle the division of these virtual… Read More »
Who Pays the Medical Bills for Children in a Divorce?
When navigating a divorce, one of the most critical concerns for parents is determining how to manage their children’s medical expenses. At Foster Hsu, LLP we understand how medical expenses are divided between parents can help minimize conflict and provide clarity as you move forward. Medical Expenses in California Divorce Cases In California, child… Read More »
What is the Difference Between Civil and Criminal Orders of Protection?
When individuals face threats, harassment, or violence, orders of protection can provide critical legal safeguards. However, not all orders of protection are the same. In California, orders of protection can fall into two primary categories: civil and criminal. Understanding the difference between these two types of protective orders is essential for anyone seeking safety… Read More »
How Divorce Affects Retirement Accounts and Tax Penalties
Dividing assets during a divorce is never simple, and retirement accounts are no exception. For many couples, these accounts represent a significant portion of their marital assets. While dividing them is necessary, it’s critical to understand the potential tax implications and penalties to avoid costly mistakes. Here’s what you need to know from Foster… Read More »
Responding to a Divorce Petition in California
Being served with a divorce petition can be overwhelming, but knowing how to respond is crucial to protecting your rights throughout the process. In California, the response process is a vital step in determining the course of the divorce proceedings. At Foster Hsu, LLP, our San Jose Divorce Attorneys can help you understand what… Read More »
Filing for Divorce in California: A Step-by-Step Guide to the Petition Process
Filing for divorce in California can be a complex and emotional process, but understanding the necessary steps can help ease the burden. At Foster Hsu, LLP, we are here to guide you through the initial petition filing process, ensuring you follow the right steps and avoid common pitfalls. Step 1: Determine Residency Requirements Before… Read More »
Common Challenges During the Divorce Discovery Phase and How to Overcome Them
The discovery phase of a divorce is one of the most critical stages of the process. During this phase, both parties gather the information needed to negotiate a fair settlement or prepare for trial. However, discovery can also be one of the most contentious and challenging aspects of a divorce. Understanding common obstacles and… Read More »
What To Do If Your Spouse Is Hiding Assets During Discovery
The discovery phase of a divorce is critical for ensuring a fair division of assets. Both spouses are legally obligated to disclose all financial information, including income, investments, and debts. Unfortunately, it is not uncommon for one spouse to attempt to hide assets to avoid sharing them during the divorce process. If you suspect… Read More »
