Author Archives: Jay Butchko
Is Your Debt Community Property If One Spouse Incurred It Single-Handedly?
Debt can be a major source of conflict and stress in marriage, even when the couple has made every effort to live within their means and had little other choice but to borrow money. You probably know someone who is full of resentment about the money their spouse borrowed during the marriage. Maybe your… Read More »
Can You Get An Annulment If You Find Out That Your Spouse Was Only Using You For A Green Card?
Here in San Jose, almost everyone knows a naturalized U.S. citizen whose immigration was sponsored by their spouse; most of them are still married to their spouse who applied for a green card for them. United States immigration law contains plenty of safeguards to prevent people from marrying U.S. citizens purely for the purpose… Read More »
What Happens To Your Permanent Alimony Obligations If You Become Disabled?
A lot of things about permanent alimony are outdated; some people even think that the option for courts to order a person to pay alimony to their ex-spouse every month until one of them dies should go the way of the 8-track player. When courts began ordering permanent alimony, the vast majority of people… Read More »
Honesty: The Magic Ingredient In Prenuptial Agreements
The conventional wisdom about prenuptial agreements says that the people who sign them tend to be older and wealthier, and therefore less naïve about love and money. According to the old stereotypes, at least one party to the prenuptial agreement has been previously married and divorced and may not be able to guarantee that… Read More »
A Postnuptial Agreement Could Save Your Marriage Or Simplify Your Divorce
Sometimes indecision is a sure sign that something is wrong. In 2020, after nine months of being quarantined with your spouse, you knew that your current relationship with each other was untenable, but you were not sure what to do instead. You thought about waiting it out until the end of 2020 and then… Read More »
Your Fiduciary Duty Toward Your Spouse
Many couples take a vow at their wedding to love each other for richer or for poorer, but finances are a major cause of discord even among couples who enjoy each other’s company and share similar values. Having opinions about the best ways to spend or save money does not mean that you are… Read More »
The Court Cannot Order Your In-Laws to Continue to Bankroll Your Lavish Lifestyle After Your Divorce
If a married couple lives beyond their means, it is no one’s business but their own. If they file for divorce, though, all their unsustainable spending habits come out in the wash. California law requires former spouses with a large disparity to pay spousal support to the disadvantaged spouse in an amount that would… Read More »
Can the Court Order You to Pay Spousal Support When Both Spouses Are in Dire Straits Financially?
If your spouse is asking for Spousal Support (previously known as alimony) as one of the terms of your divorce, and you have been researching Spousal Support laws online, most of the example cases you find involve a financially stable man and a woman who depended on him financially throughout their marriage, either because… Read More »
Do the Family Courts Ever Separate Siblings?
Even if all the feelings of love and friendship you ever had for your spouse are gone by the time your divorce is finalized, almost everyone is sad to see their family break up. The good news is that the family courts make it their goal to ensure that you get to have an… Read More »
How to Keep the Peace with Your Ex-Spouse About Co-Parenting: Agree to Disagree
You love the countdown to Christmas, hanging stockings on the mantelpiece and configuring the artificial Christmas tree as soon as you come home from the Black Friday sales, but your husband would roll his eyes every year when the Elf on the Shelf appeared. Your husband’s objections to the commercialization only grew stronger the… Read More »
