Author Archives: Jay Butchko
The Power of Forensic Accounting in Divorce
Forensic accounting in a divorce case is a process of thoroughly analyzing a couple’s financial estate to help ensure that the division of assets and property is fair and equitable. There are several key benefits of forensic accounting in divorce: Locating hidden assets: A forensic accountant can search for any assets that may have… Read More »
Changing Your Mind About Divorce?
Changing your mind about filing for divorce is more common than you might think. Even couples who make the tough decision to file the paperwork can have a change of heart and reconcile. There are some key things to think about before you make the decision to withdraw your divorce petition. Mutual agreement –… Read More »
Hiding, Diverting, and Stealing Assets Amidst Divorce
While divorce is bound to come with its fair share of arguments and contention, it adds a new wrinkle to the chaos when you believe that your spouse is, or may try, to hide, divert, or steal assets. And with a relationship that is breaking down it is easy to imagine a situation where… Read More »
Dividing a Business in Divorce
The economic climate can have a profound impact on how a business is divided in divorce. A business often represents one of the most valuable assets in a marriage and deciding how to handle it during a divorce is rarely straightforward. This article highlights the several options that spouses can explore to reach an… Read More »
Diffusing Negotiations When Divorcing Parties Want to Fight
A divorce settlement deals with very significant and personal issues. Where are you going to be able to afford to live? Will the relationship with your children be affected? Will you still be able to retire when you planned to? Every aspect of a person’s life will be affected moving forward – and much… Read More »
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 »
