Author Archives: Jay Butchko
Jet Set Divorce: Does Your Spouse Have The Right To Change The Forum Of Your Divorce Case To A Place That Is More Likely To Award Them Alimony?
If you and your spouse both reside in California at the time of your divorce, then it is obvious that the California courts will have jurisdiction in your divorce case, but things get more complicated if only one spouse resides there, and even more complicated if both parties travel so frequently that there is… Read More »
Prenuptial Agreements And The Duty Of Spouses To Support Each Other
You can agree to almost anything, but that does not always mean that the court will enforce it. Numerous court decisions in California case law assert that the state is a party in divorce cases, and therefore the court, as a representative of the state, has the right to protect its own interests. Couples… Read More »
What Will Happen To Your Mortgage When You Divorce?
California’s community property laws require divorce courts to divide a couple’s marital assets and marital debts equally in half, unless the couple has signed a prenuptial agreement indicating otherwise. If the couple does not have a prenup, all assets acquired during the marriage (with the exception of inherited property and gifts) are considered marital… Read More »
California Community Property Laws And Brief Marriages
California is one of only nine states, all of which are west of the Mississippi River, that divide marital property in a divorce case according to the doctrine of community property. This means that the court awards half of the marital property to each spouse, regardless of how much income each spouse earned during… Read More »
Can A Divorce Court Require You To Sell Your Marital Home?
California’s community property laws, which instruct family law courts to divide a couple’s marital property evenly in half during a divorce, usually make things simpler, but sometimes they can make matters more complicated, too. Most states follow the principle of equitable distribution, which just means dividing the marital property in the fairest way possible,… Read More »
Is Your Debt Community Property If One Spouse Incurred It Single-Handedly?
Debt can be a major source of conflict and stress in marriage, even when the couple has made every effort to live within their means and had little other choice but to borrow money. You probably know someone who is full of resentment about the money their spouse borrowed during the marriage. Maybe your… Read More »
Can You Get An Annulment If You Find Out That Your Spouse Was Only Using You For A Green Card?
Here in San Jose, almost everyone knows a naturalized U.S. citizen whose immigration was sponsored by their spouse; most of them are still married to their spouse who applied for a green card for them. United States immigration law contains plenty of safeguards to prevent people from marrying U.S. citizens purely for the purpose… Read More »
What Happens To Your Permanent Alimony Obligations If You Become Disabled?
A lot of things about permanent alimony are outdated; some people even think that the option for courts to order a person to pay alimony to their ex-spouse every month until one of them dies should go the way of the 8-track player. When courts began ordering permanent alimony, the vast majority of people… Read More »
Honesty: The Magic Ingredient In Prenuptial Agreements
The conventional wisdom about prenuptial agreements says that the people who sign them tend to be older and wealthier, and therefore less naïve about love and money. According to the old stereotypes, at least one party to the prenuptial agreement has been previously married and divorced and may not be able to guarantee that… Read More »
A Postnuptial Agreement Could Save Your Marriage Or Simplify Your Divorce
Sometimes indecision is a sure sign that something is wrong. In 2020, after nine months of being quarantined with your spouse, you knew that your current relationship with each other was untenable, but you were not sure what to do instead. You thought about waiting it out until the end of 2020 and then… Read More »
