Author Archives: Jay Butchko
When is a Marriage “Irretrievably Broken”?
Oftentimes, many strategic decisions need to be made in the course of finalizing a divorce. One of the first decisions, after the important decision to file, is to determine the grounds for divorce. As California is a “no fault” state, “irreconcilable differences” is, by far, the most common legal ground stated by parties. A… Read More »
Consequences of Violating a Restraining Orders in California
Restraining orders play an important role and restraining orders can be a valuable tool in high-conflict situations. However, all too often restraining orders ARE violated. These violations can be purposeful, or even accidental. However, whether a person meant to break the terms of a restraining order or not – the terms exist. If they… Read More »
What Happens to Child Custody Orders When Kids Turn 18?
The date that children will no longer be beholden to follow the terms of a custody order is not ALWAYS simply the date that the child turns eighteen and gains the legal protections of their adult status. This article highlights some key things for parents to remember about when and how custody orders might… Read More »
Domestic Violence vs Self Defense in California
Domestic violence cases can be tricky. This article will help readers better recognize the difference between self-defense and domestic violence. Once that understanding is built, you can better understand what is required to prove self-defense in a domestic violence situation. Self-Defense vs. Domestic Violence Readers must first understand how California defines the terms “self-defense”… Read More »
Defending Against Motions to Modify Child Custody
The details going into child custody and visitation rights are very often the biggest hang-ups in divorce cases being settled and finalized. Parents are willing to fight tooth and nail to make sure their child is taken care of and has everything they need for a stable, happy life. But the reality is, custody… Read More »
Dividing a Business in California Divorce
When you are a business owner and anticipating that you will soon be going through a divorce in a community property state, there is a lot you need to consider. Under several scenarios any business that was purchased during the marriage or that has become commingled in marital funds could very well be seen… Read More »
What Judges Look at When Determining Child Custody
When it comes to a divorce and the child custody questions that can come with that, you should expect that the court’s overriding interest is going to be endeavoring to ensure that the child’s best interests are met. In making their considerations, you can expect a judge to consider a number of common factors…. Read More »
The Evidence You Need for Restraining Orders in California, and other FAQs
When you are in a dangerous or threatening situation, emergency services can provide immediate help. There are many resources available, including the resource listed as a source in this article. Pursuing help in a way that keeps you safe is paramount. We will address the evidence you need to successfully petition for a lasting… Read More »
Types of California Restraining Orders
A restraining order helps protect countless individuals against persons that are harassing, or otherwise threatening them. If you need to pursue a restraining order in California, you need to understand what options are available to you. You also need to gather the necessary proof or evidence of the threats and harassment you are seeking… Read More »
Revenge Porn in California
The dissolution of a relationship will usually have its tempestuous moments. Even the most amicable of divorces and separations deal with tough issues like dividing assets, and scheduling out a new normal for your kids schedules and custody arrangements. If even the most well-intentioned of break ups can be difficult, it is easy to… Read More »