Author Archives: Jay Butchko
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 »
Tracing Methods for Commingled Property
If you are currently planning for a divorce in California, it is important to know that most assets and debts acquired after the date of your marriage and before the date of your separation will be considered “community property” under California law and will be equally divided between both spouses. Assets and debts acquired… Read More »
Can I Seek a Legal Separation Instead of Divorce?
If you are having problems in your marriage, and you and your spouse are considering separating, you may have questions about your legal options. Unlike some other states, the California Family Code allows for both legal separation and divorce. Recognizing that state law permits both, you may be wondering if you can choose to… Read More »
How Will the Court Treat Commingled Property in My Divorce?
In every divorce case in California, part of the divorce process involves distributing community property. Under California’s community property laws, the court will typically split the community assets in an equal, or 50/50 manner, between the spouses. All separate property will usually be confirmed tothe spouse who owns the separate property. Yet complications can… Read More »
How to Obtain a Legal Name Change
There are various reasons that a person in California may want to obtain a legal name change: getting married, getting divorced, after an adoption, after becoming a US citizen, in the aftermath of domestic violence, or in seeking a name change to match your gender identity or your child’s gender identity. Name changes are… Read More »
How to Adopt an Adult
While it might initially sound odd or unexpected, there are several different reasons that an adult may want to legally adopt another adult in California. Why would one adult want to adopt another adult, and why would an adult want to be adopted? In some cases, adult adoptions occur in order to make a… Read More »
