Author Archives: Jay Butchko
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 »
Understanding the Financial Impact of Divorce: Part II
As laid out in part I of this article, it is important for anyone contemplating a divorce to understand the financial impact that divorce will have on your life. The more you understand what to look out for, the more you can protect your own interests and help to ensure that you take the… Read More »
Understanding the Financial Impact of Divorce: Part I
Divorce affects everything. It is an emotional challenge, a psychological challenge, and a financial challenge. Somehow, all rolled into one. Many going through a divorce are simultaneously balancing concerns around maintaining important family relationships, getting through the day to day, and planning for a future that suddenly feels less certain and defined. This is… Read More »
Missteps That Can Hurt Child Custody Cases
At the best of times, family life can be contentious. There is a reason the holidays are known for wonder, happiness, cheer – and dread, messy family drama, depression, etc. If family matters can be this complicated at the best of times, imagine what it is like to try to piece together a functioning… Read More »
Custody Modification: What If Your Kids Hate Living with Your Ex? Part II
Part I in this two-part series introduced readers to the basics of custody and when the courts will agree to implement a custody change to an established court-ordered custody agreement. While modifying a child custody agreement is a decision that should not be taken lightly, depending on the circumstances it is an important endeavor…. Read More »
Custody Modification: What If Your Kids Hate Living with Your Ex? Part I
Child custody battles during divorce often become heated and contentious. After a divorce decree and child custody agreement are finalized, it’s not as though those contentious months suddenly never happened. A divorce may mean a clean slate as far as your spousal and romantic relationship is concerned – but if you have children, a… Read More »
Can I Get a Confidentiality Agreement During My Divorce?
No one wants details of their private life shared with the public without their consent. Everything that is filed with the public court is available to the public unless the filing is confidential, automatically by law or requested and granted by the court. Additionally, court hearing in family court are public. If you own… Read More »