Author Archives: Jay Butchko
What Do I Need to Obtain an Annulment Instead of a Divorce?
Are you currently hoping to end your marriage by obtaining an annulment instead of a divorce? This is a common question, especially for parties who were married quickly or without much forethought, who have been married for a short period of time, or who have religious reasons for wanting the marriage declared invalid rather… Read More »
What is a Gavron Warning in a Spousal Support Case?
In many divorce and legal separation cases throughout California, , the court will order spousal support. Under the California Family Code, “the court may order a party to pay for the support of the other party an amount, for a period of time, that the court determines is just and reasonable, based on the… Read More »
Can More Than Two People Have Child Custody?
Can children in California have more than two legal parents with custody? While it might seem like an unlikely circumstance, for more than a decade California law has permitted courts to award custody to more than two parents. This law, which exists under Section 7612(c) of the California Family Code, has become known as… Read More »
Can the Court Require My Spouse to Pay Attorney Fees in Our Divorce?
If you are anticipating getting divorced in the near future in California, you may have questions and concerns about the affordability of your divorce or about your spouse seeking funds to pay for their attorney in the divorce. In short, you may be wondering about how California law considers the matter of attorney fees… Read More »
What Are the Eligibility Requirements for a California Divorce?
If you want to file for divorce in the Silicon Valley area, you will need to be sure that you meet the eligibility or jurisdictional requirements under California law. In situations where eligibility requirements are not met, you may have the option to wait for a limited amount of time in order to become… Read More »
When is Spousal Support Ordered in a California Divorce?
Spousal support, also referred to as alimony, can be ordered under the California Family Code as temporary or long-term support in three general circumstances: in a divorce, in a legal separation, or in connection with domestic violence and a restraining order. The reasons for a court to order spousal support are the same in… Read More »
What is Quasi-Community Property?
While many married couples in the San Jose and San Mateo areas that are considering divorce have been California residents throughout their marriage, there are also many married couples in California who were married in another state or resided in another state for a period of time before moving to the San Jose or… Read More »
What Should My Parenting Plan Include?
Whether you are going through a divorce and share minor children with your spouse, or you have minor children with a partner from whom you are separating, you will need to think about child custody and parenting time (formally called “visitation”). In California, child custody consists of legal custody and physical custody. Legal custody… Read More »
Forensic Accountants and Their Role in a Divorce
Divorces in California are often complex, especially with regard to the division of community property. Under the California Family Code, most assets and debts acquired during the marriage are considered community property and typically must be divided equally between the spouses in divorce. Yet the process of asset identification and valuation can be difficult,… Read More »
What is the Adoption Process for a Child in California?
There are many reasons a person in California may be planning an adoption, whether they hope to bring a child into their lives through an adoption agency or to formalize a parent-child relationship with a foster child or stepchild. If you are currently considering adoption in the San Jose area, you may have questions… Read More »
