Author Archives: Jay Butchko
Second Parent Adoption in California: What Same-Sex Couples in San Jose Need to Know
If you and your partner are raising a child together in California, you may have assumed that your relationship with that child is legally secure. In many cases, however, the non-biological or non-gestational parent in a same-sex couple does not automatically hold full legal parental status, even within a recognized marriage or domestic partnership…. Read More »
What Is the Difference Between a Contested and Uncontested Divorce in California?
Even when both spouses want the same outcome, they can still find themselves on different paths through a divorce. In California, divorces generally fall into one of two categories: contested or uncontested. Understanding the difference can help you know what to expect and how long the process might take. When Spouses Agree: The Uncontested… Read More »
How Are Unvested Retirement Benefits Divided in a Santa Clara County Divorce?
If you or your spouse has a pension, stock options, or a retirement plan that has not yet fully vested, you may be wondering what happens to those benefits when a marriage ends. After all, how can something you do not fully own yet be considered community property? In California, the answer is more… Read More »
What Can (and Cannot) be Resolved Through Family Law Mediation in California?
Divorce and other family transitions bring a long list of decisions, often at a time when emotions are running high. Many people assume that resolving these issues means heading to court. In California, that is not the only path forward. Family law mediation offers a structured, private setting where couples can work through many… Read More »
Are Court Appearances Required to Finalize a Divorce in San Jose, California?
If you are considering divorce in Santa Clara County, you may picture a courtroom, a judge, and two attorneys arguing over who gets what. That image can cause plenty of anxiety, but it is not always accurate. Whether a court appearance is required often depends on whether both spouses participate in the case and… Read More »
What Are the Potential Benefits of Mediation Over Litigation in a Divorce?
Ending a marriage is rarely simple, but the process you choose to get there can make a significant difference in cost, timeline, and peace of mind. Many couples in Santa Clara County assume that divorce automatically means a courtroom battle. It does not, and alternative dispute resolution options are available. For many families, mediation… Read More »
What Does California Law Require Before a Parent Prove to Relocate with a Child After a Divorce?
Life does not stand still after a divorce. A new job offer, a remarriage, or a desire to be closer to extended family can all raise the question of whether a parent may move away with a child. If you share custody of a child in California, you may be wondering what the law… Read More »
How is Debt Treated in a California Divorce?
If you are planning to file for divorce in California or your spouse has already filed, it is essential to understand how property, including debt, will be divided. You may know that California is a community property state and that under Section 2550 of the California Family Code, all “community property” is divided equally… Read More »
Is a Postnuptial Agreement Enforceable in California?
There are various reasons that spouses seek to reach an agreement during the marriage and before divorce is initiated concerning the ownership of certain assets or debts, or whether alimony will be paid in the event of a divorce. In an ideal world, nobody who goes through the process of getting married would later… Read More »
How Long Should I Expect My Divorce to Take?
When you are considering or actively planning for a divorce in Santa Clara County or San Mateo County, you may be wondering about the timeline of the process. There is no specific statutory timeline for a divorce in California, though there is a statutory waiting period, which we will explain in more detail below…. Read More »
