Author Archives: Jay Butchko
Handling an Upside-down Mortgage in Divorce
It’s a tale as old as time: a couple weds, works hard, saves, buys their dream home, but as life takes unexpected turns, the marriage may come to an end. Divorce is never easy, but for many couples, there is an added complication when their property is worth less than what is owed on… Read More »
Identity Theft and Divorce: Protecting Yourself When Your Ex has Access to Your Personal Information
When thinking about the difficulties that come with an impending divorce, many people overlook identity theft during or after a separation. Identity theft is a real risk after a couple separates, especially when your ex has access to bank accounts, credit cards, social security numbers, passwords, and other sensitive data. A bitter or vindictive… Read More »
Dividing Military Retirement in California Divorce
California is a community property state. That means any income, property, assets, or debts acquired during the marriage (from the date of marriage through the date of separation) is presumptively community property and is equally split in a divorce. Military retirement benefits are no exception. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA),… Read More »
Child Support Calculation in California
In child support cases, the court that takes the case applies its own state laws, and those laws can significantly impact the outcome. California uses a statewide uniform guideline formula to calculate child support. California courts do not just look at who earns more, but it also considers how much time each parent spends… Read More »
Can Unwed Parents be Ordered to Pay Their Share of IVF Costs?
Families do not all follow the same formula. California courts have continued to evolve to reflect the realities of today’s families. For those navigating parenthood without marriage, a key question has recently been answered by a new case: Can unwed parents be ordered to share the cost of IVF treatment? This issue has recently… Read More »
A Flipping Headache: Valuing a Business in Divorce
Divorce is oftentimes not simple, especially when a business is part of the marital estate. In California, where community property laws apply, both assets and debts acquired during marriage are presumptively community property and equally split. That includes businesses – whether one spouse founded a business or both were involved. Why Business Valuation Matters… Read More »
Dividing Property in a Divorce Involving Financial Abuse
California is a no-fault divorce state. This means that a couple seeking a divorce is not required to prove that someone did something terribly wrong in order to end the marriage. It is enough that one spouse believes the relationship is at an end. Because California grants divorces without evidence of wrongdoing by a… Read More »
Understanding Coercive Control in California Divorce Proceedings
One of the most misunderstood forms of abuse is coercive control – a pattern of behavior used to dominate, isolate, and disempower a partner. California has taken bold steps toward recognizing the complexity of abuse beyond physical violence. Legally defined under California Family Code section 6320, “coercive control” is now recognized as a form… Read More »
Domestic Violence Restraining Orders vs No Contact Orders
As you navigate a divorce or domestic violence case it can feel overwhelming to understand the host of new, legal terms. The courts and California law have developed to offer many different supports to individuals who may need to employ legal tools in order to protect their safety, or the safety of someone they… Read More »
What is California’s Marriage Presumption?
Marriage Presumption – what this phrase refers to, is that in California, a child who is born to two parents who are married to one another then the child is presumed to be the biological child of the husband. However, as Leo Tolstoy penned “All happy families are alike; each unhappy family is unhappy… Read More »