Orange County Divorce Lawyer Blog

One tedious aspect of going through a divorce is dividing up various community property furniture and furnishings. From an Orange County divorce attorney perspective, when completing a Schedule of Assets & Debts (which is required prior to getting a divorce), each party must itemize their respective assets and debts, whether they are separate property or community property. I often advise clients to not bother listing every single fork, knife, table, lamp etc. as the list of furniture, furnishings, artwork, jewelry can get pretty long. Instead, I advise my clients to simply list the items that are have value and leave the remaining items as "to be divided between the parties." However, sometimes couples cannot agree to divide anything amongst themselves. Afterall, these people are going through a divorce and the word "agree" has seemed to have disappeared from their vocabulary. At any rate, in such instances, there are alternate procedures to make such divisions equitable.

Continue reading "Kate Walsh Divorce: Dividing Furniture & Furnishings through Alternate Pick Method" »

The plot thickens in the John Edwards/Rielle Hunter extra-marital affair scandal as a North Carolina judge found former John Edwards campaign staffer, Andrew Young, in contempt of court for failing to turn over a sex tape featuring the onetime presidential candidate and his mistress, Rielle Hunter.

North Carolina Superior Court Judge Abraham Jones ruled that Young has until Wednesday at 2 p.m. to turn over the tape, according to the Raleigh, N.C., News and Observer. If Young surrenders the tape, there will be a hearing to determine whether he and his wife Cheri have complied with the order, Jones said at the hearing at the Chatham County Courthouse in Hillsborough, N.C.

After the hearing today, the Youngs said they never had any intention of distributing the tape or showing it publicly, according to the News and Observer. They said they have no problem with turning the materials over to the court to be sealed until the civil case over possession is resolved. The tape is currently in a safety deposit box in Atlanta.

Continue reading "Contempt Proceedings: John Edwards Ex-Staffer in Contempt of Court over Sex Tape" »

It is not uncommon for the court to order a liquidation of a community property asset and provide said funds to the supported spouse or apportion it between the parties. Many times a hearing to determine how much support one party pays to the other could be delayed until the forensic accountant finalizes the cash flow report available for support, among other reasons.

As an example, it was reported today that Jamie McCourt will receive $1.4 million to cover her expenses until next month's hearing on spousal support. The $1.4 million comes from the liquidation of an investment account in the names of Frank and Jamie McCourt. The agreement also provides Jamie McCourt with access to additional funds -- in an unspecified amount -- from the couple's joint investments.

When Frank and Jamie McCourt filed for divorce in October, she asked for $320,967 per month if she were reinstated as the Dodgers' chief executive officer and $487,634 per month if she were not. The court denied her request for immediate reinstatement.

Continue reading "McCourt Divorce: Liquidating a Community Asset to Maintain the Status Quo" »

In Korea, a new law will not automatically transfer custody to the surviving parent when the parent who had sole custody of a child dies. Instead, the surviving parent will have to be evaluated by a court. The revision was passed in a Cabinet meeting Tuesday and will come into effect three months after it is ratified in the National Assembly.

From an Orange County family law perspective, if a parent who was awarded sole legal and sole physical custody of a child on post-judgment matter died, the surviving parent is not automatically granted custody. In fact, guardianship proceedings will likely have to take place. The surviving parent is not automatically awarded child custody upon the other parent's death.

Continue reading "Child Custody Issues Arise Upon Death of Divorced Parent" »

For 12 seasons, from 1985 to 1996, Lenny Dykstra was a star major league baseball player. He later became a celebrity investment guru, writing a syndicated column and dispensing investment advice on national television. Today, reduced to bankruptcy and near-homelessness, he blames his troubles on his creditors (several of whom are presently suing him). Recent articles in the Wall Street Journal and the Ventura County Star detailing Dykstra's troubles do not paint a particularly sympathetic portrait of the three-time All Star, but they do highlight a connection between personal financial crisis and marital trouble ending, for Dykstra, in a California divorce filing.

Dykstra's financial woes (19 lawsuits, $37 million in debts, defaulting on not one but two estates) would take too long to detail here. From an Orange County family law perspective, however, the telling remark is one his wife Teri made to the Star (the couple are separated but not yet formally divorced). As Lenny's business ventures began to go sour the "very, very charming, funny, witty" man she met two decades ago slowly changed "into someone she no longer wants to be around." Today, Teri lives with the couple's children at a rented property in Thousand Oaks. A judge awarded her sole possession of Lenny's $5700 a month MLB pension.

For his part, the ex-baseball star blames his troubles on the bankers who loaned him tens of millions of dollars, telling the Star: "They're the ones responsible for me losing $38 million. They're the ones responsible for a 25 year marriage being dismantled piece-by-piece."

While the Dykstra family's case is, perhaps, a bit extreme it highlights a much simpler truth: financial troubles can often set an otherwise sound relationship on the road to a California divorce. It is especially important in such situations to have a compassionate and experienced Southern California divorce attorney on your side to assure a fair division of both assets and liabilities. Blaming the banks may make one or both of you feel better, but it does not solve the immediate legal issues arising from a California separation and divorce filing. To keep these from spiraling out of control an early consultation with a Los Angeles or Orange County family law lawyer is a wise precaution.

Wall Street Journal: Dykstra mansion on the market for $14.9 million

Ventura County Star: Ex-baseball player Lenny Dykstra tries to cope with personal, professional losses

In one of the stranger Hollywood divorce twists in recent memory, a number of recent media reports indicate actor Dennis Hopper has filed for California divorce from his wife Victoria even as he lies dying of prostate cancer. A persistent theme of the reporting is that money - specifically the disposition of the actor's estate when he passes away - may lie at the heart of this unusual situation.

Hopper, 73, has a famously rocky personal life (one of his marriages lasted only eight days). Victoria is his fifth wife and by most accounts their 14-year marriage has brought the actor some personal stability. Media reports say a battle between Victoria and Hopper's adult daughter (from an earlier marriage) Marin may be at the root of a dispute over money and custody of the couple's six-year-old daughter.

It is difficult, of course, for outsiders to judge these things, but if the picture painted in the media is accurate the various members of the Hopper family seem destined to end up in court. This will be especially true if reports that the actor is heavily medicated most of the time - and, therefore, arguably not completely in control of his faculties - prove to be accurate.

As any Los Angeles family law attorney could advise, the Hopper situation is an example of why California estate planning and other family legal matters should never be left until the last minute, particularly in cases such as this where it is unclear that a California prenuptial agreement exists. Putting one's affairs in order before health issues arise is always a wise move. An Orange County family law attorney can advise clients on estate planning, as well as child custody and visitation issues that may arise in wake of the death of one or both parents.

A major goal of such planning should be to avoid a situation in which uncertainty about your wishes leads to family members to spend the months or years following your death fighting each other in court.

ABC News: Why is Dennis Hopper divorcing his wife from what may be his deathbed?

Huffington Post: Dennis Hopper Divorce Shocker

Do you have an existing California child support order in place? Have you been making payments towards that California child support obligation? Are you in arrears in your California child support payments? Do you need assistance in modifying your present obligation to an affordable monthly payment amount? If so, please consult an Orange County child support attorney to either modify your payment, bring your payments current and/or assist in resolving any existing child support arrears. Failure to make payments on an existing California child support order can cause conflict, problems and a potentially endless tangled relationship with the Department of Child Support Services. Other obstacles that may directly affect the obligor include the withholding of a driver's license or U.S. Passport and even jail time.

An article that was released today indicated that an illegal immigrant, who failed to pay child support, was sent to prison. A 33-year-old illegal immigrant was sentenced this week to four years in prison after failing to pay child support for two children he fathered with a Sheboygan woman, according to court records released Friday.

Continue reading "Failure to Pay Child Support could Result in Jail Time" »

A Santa Cruz court is due tomorrow to set a date for an unusual California child custody trial, according to a recent article in the San Jose Mercury News. The case involves a lesbian couple who agreed to raise twin boys one of them had conceived through artificial insemination. Shortly after the birth of the babies, however, the couple separated and the biological mother moved in with the man who had served as her sperm donor. Now the biological mother and the sperm donor - the children's biological parents - are now suing for full California child custody.

The case is complicated by the fact that the mother and her ex-partner had agreed to raise the children together, and both of their names appear as parents on the birth certificate. According to the newspaper, however, the partner never formally adopted the twins, and the couple were never registered with the state as domestic partners. The fact that the sperm donor is known, acknowledged by both sides as the biological father of the boys and that he is now in a romantic relationship with their biological mother makes this case particularly unusual and complex.

Changing times, and an evolving conception of what defines a 'family' have led to the emergence of many complications in California custody law in recent years as courts struggle to reach fair rulings in situations that might have been unthinkable a generation or two ago. In this case, the paper reports, a Santa Cruz judge has granted the ex-partner's request for visitation pending the outcome of the trial.

The paper also notes that both sides say they have tried unsuccessfully to settle out of court. The pain and expense of a trial is something most California child visitation and custody lawyers will try to help their clients avoid whenever possible. The paper reports, however, that the entire case is still further complicated by the fact that all three parties readily admit that "there were no written, legal parenting arrangements" agreed between them at the time the mother became pregnant.

Though a tragic situation for the three adults involved in what may prove to be a drawn-out case, this story is also a reminder of the importance of careful thought, and the drawing up of legal agreements, before couples embark on non-traditional roads to family building. A Southern California family law firm can offer detailed advice on the paperwork and agreements you may wish to consider given the particulars of your own circumstances.

San Jose Mercury News: Santa Cruz court to hear former lesbian partners' custody dispute over twins

Going through a divorce is not easy. As a family law practitioner, 90% of my job is "shouldering", listening to people vent about their problems and giving them emotional support in their time of need. I am not a therapist or psychologist, although sometimes I feel like one, but what I can see from the clients I meet is that going through a divorce is emotionally straining. It's emotionally draining for us attorneys as well.

Often times, one spouse wants to seek revenge against their spouse, harass the other spouse or quite simply, make that other person's life just plain miserable. For example, it is not uncommon for one spouse to access the other party's email account without that party's authorization, knowledge or consent. A disgruntled spouse may hack the email account, change the password and have unfettered access to confidential and personal information.

Continue reading "Breaking into your Spouse's Email constitutes Domestic Violence" »

It has come to no surprise to learn that former Democratic presidential candidate, John Edwards, and his wife, Elizabeth Edwards, have legally separated. While reports do not state when the couple separated, sources claim the couple separated a while ago. Should these two proceed to dissolving their marriage, one issue to be discussed most certainly will be the campaign funds John Edwards used on his mistress, Rielle Hunter.

A federal probe has been launched to look into how John Edwards spent his campaign funds on his alleged "employee", Rielle Hunter. Hunter, the admitted mistress of John Edwards, was paid more than $100,000 by Edwards' public action committee for video filmed during the months leading up to his 2008 presidential campaign. Hunter's firm was also paid an additional $14,086.50 on April 1, 2007 for "furniture" when the PAC only had $7,932.95 in cash on hand. Another suspicious act was from Edwards' late national finance chairman, Fred Baron, who reportedly paid Hunter to resettle in California. The investigation will make sure Edwards' campaign funds were not given to the mistress as hush money.

Continue reading "John Edwards' Use of Campaign Funds to Support his Mistress: A Claim for Misappropriation?" »

It was reported earlier this week that Bristol Palin filed a Motion for Interim Child Support in the Alaska Superior Court. According to Alaska law, the non-custodial parent is obligated to provide child support up to 20% of the non-custodial parent's adjusted annual income (up to an annual income of $105,000). Bristol Palin is demanding that Levi Johnston pay her $1,750 per month in child support, retroactive to the birth of their son, Tripp, who was born on December 27, 2008. According to court documents filed, Bristol contends that Levi has pulled in "in excess of $105,000 in 2009 through various media interviews and modeling related activities."

Continue reading "Bristol Palin Seeks Interim Child Support from Levi Johnston" »

Reports emerged from Los Angeles last week that rock star Avril Lavigne's divorce is behind delays in the release of her latest album. Lavigne and Deryck Whibley of the band Sum 41 married in California in 2006 but are now planning a divorce, according to All Headline News.

The problem is that Whibley is producing his soon-to-be ex's as-yet-uncompleted album, and marital tensions between the two have reportedly caused their working relationship to deteriorate. On one level this should not be surprising. It is not even particularly unusual - Dodger's owner Frank McCourt fired his estranged wife as the team's president as soon as the couple filed for a California divorce last year. Lavigne's situation does, however, highlight the difficulties of maintaining a professional relationship with a person whom you are also in the process of divorcing.

Tensions and complications such as these are among the situations an experienced and compassionate Orange County divorce attorney can help you work your way through. Even the cleanest and simplest Southern California divorce can be emotionally wrenching, making the help a skilled Los Angeles or San Bernardino County family law attorney can offer invaluable. Custody issues, the division of assets under California's community property laws and other issues are always complex. A Costa Mesa family law specialist lawyer can help to ease you through the process.

All Headline News: Avril Lavigne's divorce from Deryck Whibley affecting her album release date

Tiger Woods' personal life has become a very public shambles and it is widely reported that his wife is preparing to file for a California divorce from the golf legend. Now, another element of the ongoing Woods drama is leading to calls for an official investigation. A Florida State Senator is questioning whether a recent visit to Woods' home by investigators from the state's Department of Children & Families was prompted by a false abuse claim.

The investigators' visit to the Woods' home made headlines around the world last month. Nothing, however, came of it; and that has led State Sen. Ronda Storms to wonder whether the allegations that Woods' two young children were subject to abuse might have originated with paparazzi desperate for a story. "To use the resources of the state for some grand celebrity theater is completely unacceptable," she said, according to a recent article in the South Florida Sun-Sentinel.

As the newspaper notes, unfounded abuse claims are most commonly filed by one parent (or an allied family member) against another. Here in Southern California they can sometimes be used as a weapon in divorce or Orange County child custody proceedings. A Costa Mesa family law firm with expertise in child custody issues can be an important ally if you find yourself facing unfounded accusations designed to undermine your Orange County custody claims. Consulting with a Los Angeles or Orange County custody and visitation attorney as soon as possible is a key step in protecting your parental rights, as well as your good name.

South Florida Sun-Sentinel: Was Tiger the victim of a false child abuse report?

It was reported today that Alla Kournikova, mother of tennis star Anna Kournikova, was arrested and put in jail on January 19, 2010 on charges of child neglect after leaving her 5-year-old son, Allen, home alone in her $2 million Palm Beach home for more than 50 minutes while she went to the bank and post office. The police report affidavit indicates that a little boy named Allen, a half-brother of the tennis star, was "soaking wet and walking in front of his house, acting very upset." The caller told police that the child said he "had jumped out of a window." This is just plain ridiculous. If this woman was getting a divorce here in Orange County, her spouse would have a lot of ammunition for a drawn out custody battle. A responsible parent would never leave a five year old alone. Period. Not even for a split second.

Continue reading "In California, at what age are Minor Children allowed to be left home alone?" »

If you have been following episodes of "The Housewives of Orange County", you probably know that Tamra Barney and her husband, Simon, have had their fair share of marital difficulties and public spats of discourse.

On January 7, 2010, Simon took it to the next level and filed a Petition for DIssolution of Marriage in Orange County. Simon cited "irreconcilable differences" as the grounds of dissolution. Within the Petition, Simon also indicated that "Respondent (Tamra) has been verbally abusive and has committed acts of disloyalty and infidelity." Although there are many reasons why couples divorce, it is not necessary to list them on your Petition for Dissolution. In fact, California is a no-fault divorce State, which means that, in the event you want to retain an Orange County divorce lawyer, you need not have a reason for wanting the divorce (although many reasons include, but are not limited to, extra-marital affairs, financial problems, accumulating debt etc.)

Continue reading "Divorce for Housewife of Orange County, Tamra Barney" »