Recent Blog Posts
Family Code 3044 and the Presumption Associated with a Finding of Domestic Violence
When parents of minor children go through a divorce or a separation, courts must address child custody and visitation. Child custody in California has two components. First, courts address physical custody, which refers to the supervision and physical care of the child, meaning where the child lives and which parent provides the day-to-day care…. Read More »
Can I Choose to Seek an Annulment Instead of a Divorce?
Are you considering the possibility of ending your marriage? If so, you may be wondering if you are able to file for an annulment rather than a divorce. The process of annulment is often misunderstood, and many people are under the misconception that annulment is easier than going through a divorce and that it… Read More »
Will My Prenuptial Agreement Be Enforced in My Divorce?
Many married couples in the San Jose area have prenuptial agreements, also known as premarital agreements, that they entered into prior to their marriage. Premarital agreements are quite common, and they allow parties who will be getting married to reach agreements about issues, such as the division of assets or debts, or spousal support… Read More »
How Are Pensions Divided in a California Divorce?
Whether you have been married for only a few years or for many decades before a divorce, you and your spouse have likely contributed to your respective retirement savings during your marriage. Given that most property acquired during the marriage will be classified as community property and subject to distribution, you should anticipate that,… Read More »
When Does Child Support End in California?
Contrary to what many think, child support in California doesn’t just automatically end when your kid turns 18. At Foster Hsu, LLP, we break down the practical truth behind California’s child support timeline. Our San Jose child support lawyers have helped countless San Jose and Bay Area families navigate child support transitions. What California… Read More »
When Is Spousal Support Denied in California?
Let’s begin with a fact too few people know: spousal support in California isn’t guaranteed. Judges weigh dozens of factors in every case when setting long-term spousal support. Sometimes support is denied outright, other times support is limited because the spouse requesting support either doesn’t need it or the payor simply can’t afford it…. Read More »
Can Your Ex Retire To Avoid Paying Spousal Support?
Spousal support, or alimony, is often one of the most contentious aspects of a divorce settlement. If you are receiving spousal support, you may worry about what happens if your ex-spouse decides to retire. Can they simply stop working to avoid making payments? In California, the answer is not so straightforward. While retirement can… Read More »
Key Factors the Court Considers in a Spousal Support Battle
When couples go through a divorce, one of the most contested issues is often spousal support, also known as alimony. In California, courts must evaluate a number of factors to determine whether one spouse should receive ongoing financial support and for how long that support should be paid. At Foster Hsu, LLP in San… Read More »
Do Prenups Cover Digital Assets?
As digital assets continue to grow in value and importance, more couples are asking whether prenuptial agreements (prenups) can cover online businesses, cryptocurrency, domain names, and other digital properties. In today’s digital age, assets are no longer just physical or financial. They include social media accounts, online businesses, NFTs, and even intellectual property like… Read More »
Tech-Based Domestic Violence: How Stalking and Harassment Can Happen Online
Domestic violence is no longer confined to physical abuse or in-person intimidation. In today’s digital world, technology has become a powerful tool for abusers to stalk, harass, and control their victims. From spyware apps to social media manipulation, tech-based domestic violence is a growing concern that can have devastating emotional and legal consequences. At… Read More »
