Author Archives: Jay Butchko
Why Can’t We Be Friends? Coming Together to Create a Visitation Schedule
One of the most crucial aspects of divorce involving children is establishing a visitation schedule that is in the best interest of the children. While disagreements are common during this period, finding a way to create a visitation schedule through mutual understanding can minimize stress and provide stability for all parties involved. At Foster… Read More »
Navigating the Discovery Process in Divorce Cases: What to Expect
Divorce proceedings can be emotionally taxing and legally intricate. Amid the emotional turmoil, parties involved often need to contend with the discovery process—a crucial step that ensures both parties have access to relevant information before negotiations or trial. Foster Hsu LLP in San Jose, California will help you through each step of the legal… Read More »
Exclusive Possession and Living with Your Ex During a Divorce in San Jose, California
Divorce is often a tumultuous and emotionally challenging process, and one of the most difficult aspects can be determining living arrangements while the divorce is pending. Exclusive possession, a legal concept that allows one spouse to remain in the marital home during this time, is frequently invoked in such situations. In San Jose, California,… Read More »
Who Gets the Dog in a Divorce: Navigating Pet Custody in San Jose, California
Divorce is a complex and often emotionally charged process. Among the myriad of issues that must be addressed, deciding who gets custody of the family pet can be a surprisingly challenging and sensitive matter. The experienced San Jose family lawyers at Foster Hsu, LLP understand the importance of addressing pet custody in divorce cases… Read More »
Discovery in Divorce – Where Do I Even Begin?
Divorce proceedings can be emotionally and legally complex, and one crucial phase of this process is discovery. Discovery is a legal procedure that allows both parties involved in a divorce to gather information and evidence from each other, witnesses, and third parties. It is a vital step in building a strong case and ensuring… Read More »
How Do California Courts Treat Businesses in Divorce?
Divorce proceedings in California can be complex, especially when a business is involved. A business, whether it is a small family-owned enterprise or a larger corporation, may be considered a marital asset subject to division during divorce. Our San Jose family law attorneys will walk you through how businesses are handled in California divorce… Read More »
Are Amicable Divorces Possible? Five Steps Towards Achieving a Settlement in a Divorce
Not every divorce has to end with a courtroom showdown. In fact, many couples can successfully resolve their differences through settlements, which offer a more amicable and cost-effective alternative. Here are five essential steps to help you work towards achieving a peaceful settlement in your divorce: Open and Clear Communication: Open and honest communication… Read More »
Factors the Court Considers When a Parent Wants to Move Out of California with Their Child
Family law cases involving parental relocation can be emotionally charged and legally complex. When a parent with custody of a child wants to move out of California, it often raises significant legal questions and concerns. The court’s primary concern in such cases is the best interests of the child. Several factors are taken into… Read More »
What is Guardianship and Why Might You Need One?
When it comes to ensuring the well-being and protection of a child or an individual who is unable to make decisions for themselves, guardianship plays a crucial role. Guardianship is a legal relationship that grants an appointed individual the authority and responsibility to care for and make decisions on behalf of another person, known… Read More »
Premarital Agreements and the 7-Day Rule
In California, in order for a premarital agreement to be enforceable, it must comply with a ‘7-day rule.’ The California Family Code, specifically Section 1615 (c)(2)(B), introduced a crucial requirement for premarital agreements. This rule mandates that there must be a minimum of seven consecutive calendar days between the time one party is first… Read More »
