Author Archives: Jay Butchko
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 »
How Can I Modify a Child Custody Order in California?
If you went through a divorce in the past and shared minor children with your spouse, or if you ended a relationship with a partner with whom you share one or more minor children, then you may have a child custody agreement in place. That agreement likely addresses legal custody and physical custody, which… Read More »
How Can I Protect My Separate Property in a California Divorce?
Are you currently planning for a divorce in the Santa Clara or San Mateo County area and concerned about protecting your property? Many spouses come to their marriages with separate property, and they want to be certain that they will retain ownership of that property in the event of divorce. While the creation of… Read More »
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 »
