Author Archives: Jay Butchko
What is NOT Community Property in California?
Under California law, generally assets and debts acquired by either spouse from the date of marriage through the date of separation is presumptively community property and is subject to the divided equally between the two spouses if they divorce. There are exceptions to this general rule making certain assets and debts as separate property… Read More »
What To Include in a Prenup (and What Not to)
Prenups are becoming increasingly common. A well-crafted prenup provides clarity on financial matters, outlining asset division and debt responsibility, during a divorce. However, there are limits to what prenups can dictate. Working with a legal professional when crafting a prenup is crucial to ensure the prenup is valid and enforceable. What Can Make a… Read More »
Navigating Life’s Sudden Changes in Divorce and Custody Arrangements
Every person knows that disaster and change can come at any moment. In particular, the recent Eaton and Palisades fires in California destroyed hundreds of thousands of structures causing significant loss. Amid chaos and life change, divorce and custody issues can become even more challenging. Understanding available options and receiving personalized legal guidance can… Read More »
Is There a Statute of Limitations in a California Divorce?
Many people want to finalize their divorce quickly and move on with their lives. Divorce cases in California are subject to various deadlines and timeline requirements. A statute of limitations is a critical deadline in most legal matters. It sets a time limit for filing a lawsuit. If you miss this deadline, the legal… Read More »
Is All Income Considered in Child Support Calculation?
The California legislature staunchly believes that a child is entitled to support from both of their parents. Accordingly, a court-ordered child support obligation is handled as any court order would be: non-compliance can result in serious consequences. It is important to understand that child support is not a “bargaining chip,” or something you can… Read More »
Can a Premarital Agreement Affect Your Estate?
It is obvious why premarital agreements– aka prenups–are most often associated with couples who are going through a divorce. However, divorce and the subsequent division of property is not the only arena in which a premarital (or postnuptial) agreement may come into play. Both prenuptial agreements and postnuptial agreements can be drafted to address… Read More »
Spousal Inheritance in California
In California, the rights of one spouse to inherit property and assets from their deceased spouse are governed via specific laws and regulations pertaining to inheritance of an estate. Generally speaking, in most circumstances, a spouse would not automatically inherit their spouse’s entire California estate. Instead, the amount of inheritance and distribution of estate… Read More »
Terminating Child Support in California: Part II
In part I of our two-part series discussing the termination of child support in California, we introduced basic ideas surrounding when child support might be terminated by the California courts. While part I discussed legal grounds that may justify terminating child support, in part two of this series we will introduce the role that… Read More »
Terminating Child Support in California: Part I
In California, child support is usually set to end when the child turns 18 years old, which is when the child reaches the age of legally being considered an adult. marking the age of majority when they are legally considered an adult. This is not, of course, always the case. California law acknowledges that… Read More »
High Net-Worth Divorce: the Long and Short of It. Part II
In Part I of this two-part series, we introduced the basic concept behind high net-worth divorces, and gave a few examples of how these cases can become so complicated, antagonistic, and drawn-out. Indeed, in the past year alone we have seen multiple of the longest-ever celebrity divorces to ever be fought through finally come… Read More »