Recent Blog Posts
What is the Difference Between Civil and Criminal Orders of Protection?
When individuals face threats, harassment, or violence, orders of protection can provide critical legal safeguards. However, not all orders of protection are the same. In California, orders of protection can fall into two primary categories: civil and criminal. Understanding the difference between these two types of protective orders is essential for anyone seeking safety… Read More »
How Divorce Affects Retirement Accounts and Tax Penalties
Dividing assets during a divorce is never simple, and retirement accounts are no exception. For many couples, these accounts represent a significant portion of their marital assets. While dividing them is necessary, it’s critical to understand the potential tax implications and penalties to avoid costly mistakes. Here’s what you need to know from Foster… Read More »
Responding to a Divorce Petition in California
Being served with a divorce petition can be overwhelming, but knowing how to respond is crucial to protecting your rights throughout the process. In California, the response process is a vital step in determining the course of the divorce proceedings. At Foster Hsu, LLP, our San Jose Divorce Attorneys can help you understand what… Read More »
Filing for Divorce in California: A Step-by-Step Guide to the Petition Process
Filing for divorce in California can be a complex and emotional process, but understanding the necessary steps can help ease the burden. At Foster Hsu, LLP, we are here to guide you through the initial petition filing process, ensuring you follow the right steps and avoid common pitfalls. Step 1: Determine Residency Requirements Before… Read More »
Common Challenges During the Divorce Discovery Phase and How to Overcome Them
The discovery phase of a divorce is one of the most critical stages of the process. During this phase, both parties gather the information needed to negotiate a fair settlement or prepare for trial. However, discovery can also be one of the most contentious and challenging aspects of a divorce. Understanding common obstacles and… Read More »
What To Do If Your Spouse Is Hiding Assets During Discovery
The discovery phase of a divorce is critical for ensuring a fair division of assets. Both spouses are legally obligated to disclose all financial information, including income, investments, and debts. Unfortunately, it is not uncommon for one spouse to attempt to hide assets to avoid sharing them during the divorce process. If you suspect… Read More »
Discovery Tools in California: Interrogatories, Depositions, and More
The discovery phase of a legal case is critical for gathering information and building strong and supported arguments. In California, discovery allows both parties to request and obtain evidence from each other to ensure a fair trial or alternative resolution. For those involved in legal disputes, understanding the various discovery tools available can make… Read More »
Understanding the Date of Separation in California Divorce Cases
In the state of California, the “Date of Separation” is a crucial concept that can significantly impact the outcome of a divorce. The date of separation marks the point at which a couple is no longer considered to be living together as husband and wife, and it sets the stage for determining the division… Read More »
California’s Recently Implemented Child Support Guidelines
In California, child support laws are designed to ensure that children receive adequate financial support from both parents after separation or divorce. Recently, changes to the child support guidelines under Family Code 4061 were implemented, affecting how support is calculated and distributed. These changes aim to create a more equitable approach to child support… Read More »
What Happens When a Spouse Hides Assets During a Divorce in California?
Divorce is rarely a simple process, and it can become even more complicated when one spouse hides assets in an attempt to reduce their financial obligations. In California, which follows community property laws, each spouse is entitled to an equal share of the marital assets. When one party conceals assets, it can disrupt the… Read More »
