Author Archives: Jay Butchko
Will My Prenuptial Agreement Be Enforceable If I File For Divorce?
If you entered into a prenuptial agreement (also known as a premarital agreement) with your spouse prior to the date of your marriage and divorce is now imminent, you are likely wondering if the terms of your prenuptial agreement will be enforceable. Whether you are planning to be the party who files for divorce… Read More »
What You Should Know About Restraining Orders For Domestic Violence
Whether you are involved in a long-term relationship or a marriage with someone who has been abusive, or you have only been involved for a short time with a person who has engaged in domestic violence, it is important to understand how restraining orders work in California and when you may be able to… Read More »
Dividing Cryptocurrency In Your Divorce
Handling complex assets in a San Jose divorce can present complications under any circumstances and no matter what type of assets are involved, but cryptocurrency can present new and complex issues in California divorce cases. While courts in California have dealt with various forms of intangible property in California divorces for years, cryptocurrency is… Read More »
Modifications Of Support And Custody Orders In California: What Should You Know?
After you have gone through a child custody case or a complicated divorce in San Jose involving spousal support and child support, it can be difficult to think about having to return to court in order to modify an existing order. Yet circumstances can change unexpectedly, and it may be necessary to modify an… Read More »
Who Pays Taxes On Spousal Support?
Spousal support in California is ordered by the court, and it is a payment made by one spouse to the other spouse in connection with a divorce or separation, or in situations involving a domestic violence restraining order. California also recognizes domestic partner support in circumstances where domestic partners separate and end their relationships…. Read More »
Handling Hidden Assets In A Divorce
Getting divorced in California will require you to disclose all property to the other side, so that the Court can be properly classified your assets and/or debts as separate property or community property. As you might already know, California is a community property state. What this means is that there is an automatic presumption… Read More »
What Should You Know About Divorce Mediation?
When you are going through a difficult or contentious divorce in California, you might consider the ways in which family law mediation can allow you and your ex to resolve existing disputes so that you can have an uncontested divorce. Although divorce mediation is not for everyone, and it is not appropriate or beneficial… Read More »
Appraising Complex Assets In A Divorce: What Should You Know?
Going through a divorce and property division in California is complicated even when spouses have relatively little community property and no complex assets. Yet many married couples in San Jose own property that is complicated to appraise and value, and thus to distribute evenly during the divorce according to California community property law. In… Read More »
What You Should Know About Calculating Child Support In California
Whether you are getting divorced and have minor children with your spouse or you are ending a relationship with your child’s other parent, it will be important to understand how the court will determine child support and what your child support obligation is likely to be. Each state has its own laws pertaining to… Read More »
Tips For Successful Co-Parenting After Divorce
When you share minor children with your ex and you will be co-parenting after a divorce or separation, it is important to learn about ways to make co-parenting successful. Co-parenting when you share child custody can be stressful, especially if you have different parenting practices and styles than your ex, or if you have… Read More »