Author Archives: Jay Butchko
Community Property in California
California recognizes a “community property” model, meaning that property and debt acquired during the course of the marriage are considered to belong to both spouses and should be divided equally. However, there are important exceptions. Separate property: The courts recognize that an asset or debt acquired before the marriage, as well as gifts or… Read More »
Breach of Fiduciary Duty in Divorce
California law imposes on a married couple a duty to act as a fiduciary to the other. What this means, is that spouses have a legal obligation to act in good faith with one another to ensure fair dealing between them, and to avoid taking unfair advantage of the other.The California Family Code sections… Read More »
Vital Things People Often Forget When Planning a High Net Worth Divorce
Divorce is often emotional, complicated, and a lengthy process. There are several key components of a divorce that many do not foresee or think to plan for. This is why it can be so advantageous to engage with an experienced divorce attorney from the start who can help you strategize the best steps forward… Read More »
Do Surrogates Have Parental Rights in California?
Whether surrogate mothers have parental rights in California will depend on the type of surrogacy that was performed, the validity of the surrogacy agreement, and where the agreement takes place. In California, the law distinguishes between two types of surrogacy: “traditional” and “gestational.” Traditional surrogacy: the person carrying the pregnancy is also the biological… Read More »
Understanding Child Custody Rights for Married and Unmarried Parents in California
California law distinguishes between married and unmarried couples and unmarried couples when it comes to child custody decisions. This article provides a brief overview of this intricate legal issue. Who has Custody of a Child Born Outside of Marriage? When a child is born to an unmarried mother, the mother automatically gains custody. In… Read More »
Summer Plans and Custody Agreements
As parents and kids look forward to the summer months, newly-divorced parents may be looking for some answers: how do we navigate the changing schedules of summer? How do we navigate international travel without the other parent? An optimal time to be pondering these questions is actually prior to the divorce and custody agreements… Read More »
Some Common – and Surprising – Ways Parents Lose Child Custody
There are a countless number of situations or reasons “why” a parent might lose custody of their child. No single article could detail each scenario, but there are some broader ideas and rules in play that you can learn more about and understand. In most cases the courts and the parents involved want both… Read More »
Is There Ever a Time a Parent Can Stop a Child from Seeing their Other Parent?
If your child’s other parent is a danger to the child’s health or safety, there are lawful steps that can be taken to prevent visitation with that parent. However, it is important for parents to remember that unless you are in an extreme circumstance where you must take unilateral action, the proper authorities should… Read More »
What Makes a California Prenup Invalid?
It is important to ensure that your prenup is valid. It does not matter how much you like the terms of your prenuptial agreement, if when you go to enforce the agreement, the court deems the prenup unenforceable. Indeed, at that point you may be in a worse situation than you would be had… Read More »
Cohabitation and Spousal Support in California
In divorces, it is not uncommon for one spouse to be ordered to pay some amount of spousal support to the former spouse. The purpose of such support being, in part, to off-set certain costs associated with higher costs of living under their new circumstances. However – what if the spouse receiving spousal support… Read More »
