Author Archives: Jay Butchko
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 »
Navigating the Termination of Parental Rights in California: Tying into Stepparent Adoptions Without Consent
Introduction Parental rights are considered fundamental and sacred under California law. However, there are situations where these rights may be terminated in the best interest of a child or to facilitate stepparent adoption. With experienced San Jose Family Law attorneys like those at Foster Hsu, LLP, understanding and navigating the complicated process of parental… Read More »
How Long Will You Need To Pay Spousal Support?
Right after a marriage concludes, it is likely that one spouse will need to pay some form of spousal support to their now-former spouse. To ensure that this spousal support is ideal for both parties, it is wise to be aware of the different types of spousal support a court can order and the… Read More »
How “Transmutation” Can Affect The Status Of Community Property In A California Divorce
In a California divorce case, the court starts with a presumption that any property owned by either spouse is separate property, and any property acquired during the marriage is community property (unless the property was made to one spouse by gift or inheritance). This presumption may be overcome, however, in a number of ways…. Read More »
