Orange County Divorce Lawyer Blog

Smooth jazz musician, Kenny G. and his wife of 20 years are heading towards a split.

On January 9, 2012, Balynda "Lyndie" Benson-Gorelick filed for legal separation in Los Angeles County Superior Court. She cited irreconcilable differences but requested a legal separation instead of a dissolution of marriage. The couple have two children, one of which is still a minor. Lyndie has requested physical custody of the minor child, Noah.

I previously blogged about filing for legal separation here.

To recap and for the most part, most people choose to dissolve their marriage entirely. A judgment for dissolution of marriage terminates the marriage and restores the parties back to their unmarried, single status. Filing for legal separation is also another alternative for people who want to separate their lives like people who file for dissolution. However, those who file for legal separation elect to remain legally married whether it be for religious reasons or other personal reasons such as maintenance of health insurance coverage, qualification for derivative social security benefits, or eligibility to obtain certain military benefits. A judgment for legal separation basically determines the same issues that a judgment for dissolution does except that it does not set a date for termination of marital status. After a judgment for legal separation has been entered, if later down the line you wish to terminate your marital status, a separate action for dissolution of marriage to terminate marital status may be filed.

Additionally, since the couple have been married for 20 years, this is a marriage of long duration and the court will retain jurisdiction over spousal support for likely an indefinite period.

The couple will also have to work out child custody and visitation issues with their minor 14 year old child.

At any rate, contact an Orange County divorce lawyer if you cannot decide whether to file for legal separation or divorce.

Source: Kenny G's wife of 20 years files for legal separation

Just recently, football great, Deion Sanders filed for divorce from his wife, Pilar. Last week, Pilar filed a very interesting Response.

In court documents, Pilar calls the Hall of Fame cornerback a narcissistic bully who cheated on her several times with several people.

She accuses him of unkind, uncaring, insensitive, cruel and unusual treatment, as well as physical, mental and emotional abuse of her and their three children.

But it doesn't stop there. Pilar requests to punish Deion for immoral, corrupt, lewd, perverted, unnatural, sinful conduct that is "at the bottom of the depths of humanity." And says that he needs to be punished "to protect every person on the planet."

Additionally, Pilar is making a request for the judge to throw out their prenuptual agreement and give her most of Deion's money because she signed the deal under duress.

From an Orange County divorce lawyer's perspective, this will make an interesting case especially with Pilar's request to set aside the prenuptual agreement. If this case was tried in Orange County, Pilar would have to make a finding that she signed the agreement under duress and that she didn't have a lawyer to represent her.

Furthermore, California Family Code Section 1615 provides:

"(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves either of the following:
(1) That party did not execute the agreement voluntarily.
(2) The agreement was unconscionable when it was executed and, before execution of the agreement, all of the following applied to that party:
(A) That party was not provided a fair, reasonable, and full disclosure of the property or financial obligations of the other party.
(B) That party did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided.
(C) That party did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
(b) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
(c) For the purposes of subdivision (a), it shall be deemed that a premarital agreement was not executed voluntarily unless the court finds in writing or on the record all of the following:
(1) The party against whom enforcement is sought was represented by independent legal counsel at the time of signing the agreement or, after being advised to seek independent legal counsel, expressly waived, in a separate writing, representation by independent legal counsel.
(2) The party against whom enforcement is sought had not less than seven calendar days between the time that party was first presented with the agreement and advised to seek independent legal counsel and the time the agreement was signed.
(3) The party against whom enforcement is sought, if unrepresented by legal counsel, was fully informed of the terms and basic effect of the agreement as well as the rights and obligations he or she was giving up by signing the agreement, and was proficient in the language in which the explanation of the party's rights was conducted and in which the agreement was written. The explanation of the rights and obligations relinquished shall be memorialized in writing and delivered to the party prior to signing the agreement. The unrepresented party shall, on or before the signing of the premarital agreement, execute a document declaring that he or she received the information required by this paragraph and indicating who provided that information.
(4) The agreement and the writings executed pursuant to paragraphs (1) and (3) were not executed under duress, fraud, or undue influence, and the parties did not lack capacity to enter into the agreement.
(5) Any other factors the court deems relevant."

Source: Deion Sanders Files for Divorce

It looks like the Orange County divorce between Kobe Bryant and Vanessa Bryant is well under way.

Perhaps even a divorce settlement has been reached. TMZ is reporting that the parties have already transferred home to each other. Kobe allegedly signed over his community property interest in the former family residence in Newport Coast to Vanessa along with a nearby mansion (where Vanessa's mother has been living) over to her. In exchange, Vanessa signed over a community property interest in a third Newport Coast home (which is currently under construction) over to Kobe.

From an Orange County divorce lawyer's perspective, we currently await the outcome of what type of settlement Vanessa will get. After all, the parties did not sign a prenuptual agreement. In addition to financial issues such as coming to a resolution relating to child support and spousal support, the parties will also have to deal with child custody and child visitation issues. If there are outstanding community property assets and debts that have to be resolved, the parties will have to deal with those issues as well.

At any rate, if you are contemplating filing for a Los Angeles County or Orange County divorce, contact an experienced and reputable Orange County divorce lawyer for more information.

Source: Kobe Bryant and Vanessa Horse Trade Houses in Divorce

Actress Mena Suvari is ending her marriage to concert producer, Simone Sestito. The pair were married for only 18 months. Suvari and Sestito married in June 2010 in Italy, holding a private church in the Vatican City in what the pair called a "romantic" wedding. The couple met at the Toronto Film Festival in 2007 and were engaged in 2008.

This will be the second divorce for Suvari. Further, the couple do not have any minor children together.

From an Orange County divorce lawyer's perspective, because the parties were only married for a short term, the recipient of spousal support will only be able to obtain same for one-half of the length of the marriage.

Since the couple do not have any children, there will not be any Los Angeles County or Orange County child custody, child visitation or child support issues to deal with.

Hopefully the pair can work out their differences and come to a expeditious resolution to dissolve their property issues. It is unknown if the couple have a prenuptual agreement. If so, it will make the finalization of their divorce a lot easier.

For more information in filing a Los Angeles County or Orange County divorce, contact an Orange County divorce lawyer for more information.

Sourcce: Mena Suvara files for divorce

The divorce battle between Seattle Mariners co-owner Chris Larson and his soon to be ex wife, Julia Calhoun is unfolding even deeper. Last month, a trial valued Larson's share in the Seattle Mariners at $641 million. King County Superior Court Judge, William Downing, based the ruling on testimony of two sports team valuation experts, and compared the Mariners favorably to the Texas Rangers, which sold for $593 million and the Houston Astros, which sold for $610 million, during the past year.

With a 30.6% share of the team, Larson remains the largest minority owner in the Mariners. His ownership is exceeded by the majority owner, Hiroshi Yamauchi, 84, who owns 55% of the team.

Larson's wife originally sought a 50/50 split in assets for an approximate total of $300 million. However, the court ruled that a substantial part of Larson's joint estate -- Mudville Nine Inc., the company he used to purchase his stake in the Mariners starting in 1992, was his separate property and not subject to division with Calhoun. The asset has a value of $196 million with a discounted market value of $176 million if sold on its own as a minority share in the team.

The ruling gave his wife a much lesser award of $180 million -- $27 million to be paid in cash during the next two years. However, Larson countered with an offer of $104 million with $25 million in cash, but the ruling will still cause challenges for his ownership stake in the Mariners because it requires that he absorb all of the couple's outstanding debt, in excess of $150 million, as well as costs on his extravagant home estate.

For more information on filing for divorce in Orange County or Los Angeles County, contact an Orange County divorce lawyer for more information.

Source: Seattle Mariners' Chris Larson and Wife Julia Calhoun

I'm a little late in reporting this celebrity divorce but I'm sure unless you've been living under a rock you have aleady heard of the divorce between Kobe Bryant and Vanessa Bryant. The couple have two minor daugthers together. Additionally, TMZ is reporting that Vanessa was pushed to the edge over Kobe's multiple affairs. It is also interesting to note that the couple do not have a prenuptual agreement.

From an Orange County divorce lawyer's perspective, Kobe will be paying Vanessa a huge payout for spousal support, child support and property division.

Additionally, the couple will have to work out an Orange County child custody and visitation agreement for their two kids.

This divorce is no surprise considering several years ago a Colorado woman accussed Kobe of rape. Kobe came out publicly and admitted to the sexual encounter with the woman and even gifted Vanessa a huge ring in light of his cheating. Well, now it looks like all bets are off and Vanessa is proceeding forward with the divorce.

For more information on filing for a divorce action in Los Angeles or Orange County, contact an Orange County divorce lawyer for more information.

Source: Kobe's Cheating Led to Wife's Divorce Filing

Major changes in California's divorce law are expected in 2012 pursuant to changes to California Family Law Code 3042. The changes are a result of the Elkins Family Law Task Force's final report and recommendations from April 2010. The new legislation will affect how, when and if minor children can testify in divorce and custody cases, and what will be expected of them, the parents, family law attorneys, and the court itself.

According to Lowenstein, a Certified Family Law Specialist, partner at Lowenstein Brown, and former Chairperson of the Family Law Section of the San Diego County Bar Association, "The biggest change to take effect in 2012 is that the court shall consider the wishes of the minor child regarding custody and visitation, if the child's age and capacity to reason are 'sufficient' and furthermore, a child who is 14 or older may address the court directly." Lowenstein notes that the court will control the examination of the child and/or the direct testimony, to protect the minor's best interests, but such a grave responsibility may be against the child's interest, on its face.

Brown, a partner at Lowenstein Brown, former President of the Public Interest Law Foundation, and former Peace Corps volunteer and youth advocate, adds "The other major impact is that multiple people can alert the court of the child's 'desire' to express a custody or visitation preference or to testify directly, including a minor's counsel, an evaluator, investigator or mediator, the judge, a parent's attorney, or the parent." Brown uses the term 'desire' loosely - while a minor may indeed have a valid preference, she is concerned about potential manipulation of the minor to invent a preference, particularly when the financial and emotional stakes are so high.

Brown points out that clients might still prefer to resolve the case in a conference room through ADR (Alternative Dispute Resolution), and keep his/her personal matters out of a public court. When asked what kind of case lends itself to needing a child's opinion or testimony, or even legislation at all, Lowenstein suggests that it's not necessarily what kind of case, but rather, what kind of attitude the parties hope to maintain long-term. "The story of the parents' divorce will become the child's story as the child becomes an adult," she says, "and parents' actions during the divorce shape the story."

Source: Children Can Testify Regarding Custody and Visitation in California Divorces; Video Discussing New Legislation from Lowenstein Brown, a Professional Law Corporation

Another day, another celebrity divorce. This time it involves actress, Zooey Deschanel. Deschanel, age 31, filed for divorce on December 27, 2011 from Death Cab for Cutie front man Ben Gibbard, 35, according to court documents. The couple married in 2009 and list the date of separation to be October 31, 2011.

From an Orange County divorce lawyer's perspective, the couple were only married for 2 years or so. In California, same is considered a short term marriage and the recipient of spousal support would only be entitled to receive same for 1/2 of the length of the marriage.

Additionally, I do not believe the couple have any minor children together so issues pertaining to child custody, visitation and child support would not be applicable here.

If you are going through an Orange County or Los Angeles County divorce, contact an experienced Orange County divorce lawyer for assistance. We are here to help.

Source: Zooey Deschanel files for divorce from Ben Gibbard

So, its a new year and a new you! You may be going through a Los Angeles County or Orange County divorce or are contemplating getting a divorce. Going through a divorce is an emotional and stressful time not only for the parties involved but for the children, if there are any. Here are some stress release tips on coping during such a painful period.

1) Get a breathe of fresh air. Take a walk through a mall or a park. It will remind you that there is life after an Orange County or Los Angeles County divorce.

2) Get your yoga on! I turned to yoga about 5 years ago when I suffered severe lower back pain from lifting weights. I started practicing yoga heavily in April of 2009 about 5-6 times a week to help with the "mental" stress of being a lawyer. Now, I'm an addict! I love practicing yoga on a daily basis to clear the mind, strengthen the body, challenge the body and most importantly.... to just "be".

3) Pamper yourself. I rarely have time to pamper myself but when I do, it feels great. Take some time to enjoy a massage, manicure, pedicure or even just a simple hair cut. Taking an hour to do these things works wonders.

4) Venting. Call up a friend or family member and just let it out. Talking about your problems and issues always feels like a weight is lifted. You get the bad things off your chest and the person listening to you vent can offer constructive feedback to help you cope.

These are just a few tips that I find helpful when you find yourself in a stressful situation. If you need the assistance of an aggressive and experienced family law lawyer, contact an Orange County divorce lawyer for help.

Usher's ex-wife, Tameka Raymond, file court papers in George asking for a change in the parties' current child custody order. Tameka Raymond is requesting full custody of the couple's children plus an increase in child support payments. Presently, the couple share joint physical custody of the kids. Raymond is alleging that Usher traveled with the children outside of the state without her permission and hired nannies without her permission. In response, Usher has filed court documents requesting that the court dismiss Raymond's requests, stating that the facts set forth in Raymond moving papers are false.

From an Orange County divorce lawyer's perspective, after a California dissolution of marriage action has been finalized, if children are involved, any party can modify a child custody and visitation order. However, the standard is high in that there must be a change in circumstance to justify the modification.

Additionally, if the court grants a change in child custody, the person who obtains more custody should go in and modify child support. The more time a party spends with a child, the less child support is owed.

If you have a child custody or visitation issue in Los Angeles or Orange County, contact an Orange County child custody lawyer for more information.

Source: Usher responds to custody claim

Last week the internet was a buzz over Russell Brand's divorce filing from Katy Perry. Reports are stating that the couple did not have a prenuptual agreement. Pursuant to California law, since it is a community property state, all assets acquired by the couple duirng marriage will be divided 50/50.

Forbes magazine estimates that Perry's net worth is $44 million and that Brand's net worth is $15 million. From an Orange County divorce lawyer's standpoint, luckily the couple do not have any children. Otherwise, child custody and visitation issues would inevitably be raised.

Unless the parties agree to waive receipt of spousal support, Perry will likely have to pay Brand spousal support for one-half of the length of the marriage. Further, if there were assets that were acquired during the marriage, absent a prenuptual agreement, the parties will have to divide same equally.

Let this divorce be an example to all couples who intend to marry to get a prenuptual agreement to protect your assets. Otherwise, according to California community property law, in the event of a divorce, all assets and debts will be split between the parties.

Contact an Orange County divorce lawyer for more information.

Source: Russell Brand Might Get $20 Million in divorce from Katy Perry

Here is an interesting article found here on annulment vs. divorce and its effect on your finances.

Here are the highlights of the article:

Unlike divorce, which recognizes that a marriage has an official beginning and end, an annulment retroactively declares the marriage to be null and void. "When a couple gets an annulment, it's as if the marriage never existed to begin with," says Kristin D. Hofheimer, a divorce attorney in Virginia Beach, Va.

What that means for your finances is this: In an annulment, the courts do their best to restore the individuals to their original financial state. So, what money and property you brought into the marriage is what you should walk away with, including any debt you brought into the marriage. Joint assets and debt accumulated together during the marriage are typically divided equitably.

But qualifying for an annulment isn't a walk in the park, as certain grounds must be met in order for it to be granted.

Here are some of the more common reasons an annulment may be allowed:

•If fraud or concealment is involved, such as one party keeping important information from the other, such as a drug addiction or a felony.
•The refusal or inability of one party to consummate the marriage.
•The determination that the two parties are close relatives and are in an incestuous marriage.
•The determination that one or both parties were unable to consent to marriage because of a lack of understanding, such as the case of someone who is mentally ill.

While marriages of any length can be annulled, many states have time limits for filing based on when the grounds for annulment took place. For example, in Illinois, if you want to get an annulment because of fraud, you have 90 days to make the claim after you learn about the fraudulent event. In Minnesota, if you want an annulment because one party is unable to consummate the marriage, you must file the motion within one year.

This past Friday, a Milwaukee father was reunited with his daughter, whose mother abducted her to Japan shortly after the father filed for divorce back in 2008.

The father, Moises Garcia, met his daughter at O'Hare International Airport, where she arrived with her grandmother and Garcia's Japanese lawyer. Along with Sakar, there were several law enforcement officials, staff of the Japanese Consulate in Chicago, a psychologist, representatives of the U.S. State Department and advocates for other American parents whose children are being held in Japan, where officials have refused to sign a world convention about international child abduction.

The girl's return also freed her mother from jail in Milwaukee, where she had been held on contempt charges due to her interference with a prior child custody order. The mother was arrested on a Wisconsin warrant in Hawaii, where she had gone to renew her U.S. permanent resident status.

Garcia's ex-wife, Emiko Inoue, 43, is Japanese with legal U.S. residency while married to Garcia, a physician. She took her daughter to Japan in February 2008, shortly after Garcia had filed for divorce, and ignored court orders to return. Last month, Inoue pleaded no contest to interfering with child custody under an agreement that she would ultimately be convicted of a misdemeanor if her daughter was returned to Garcia, who has legal custody.

From an Orange County divorce lawyer's perspective, such child custody battles can be very traumatic and expensive. The father in this case had not seen his daugther since 2008 and miraculously, she was released back to her father after many years of court battle.

This case is also sets an example of what happens to parents who do not comply with court orders. The court can hold the person in contempt and throw them in jail or pay a fine.

For more information on any child custody or visitation issues you may have, contact an Orange County divorce lawyer for more information.

Source: Daughter in custody rift returns from Japan

Debra Messing and her husband, Daniel Zelman, have separated after approximately over 10 years of marriage. The couple allegedly split earlier this year and wed back on September 3, 2000. The couple have one son, Roman, age 7. Although the couple have announced their separation, they are still living in the same residence and have no immediate plans to divorce.

"In the short term, they plan on continuing to live together with their son, then gradually transition into a new living situation," a rep for both Messing and Zelman tells US Weekly.

From an Orange County divorce lawyer's perspective, if the parties decide to divorce, there will be issues relating to spousal support, child support, child custody and visitation issues.

If the marriage last over 10 years, it is a marriage of long duration and the recipient spouse would be entitled to spousal support for more than half of the length of the marriage. Additionally, the parties will have to work out a child custody and child visitation plan along with payment of child support. Generally speaking, child support is based on timeshare each party has with the child and each party's gross monthly income.

Lastly, even though the couple is still living together, it does not mean that they have "not separated". The date of separation for the couple will be based on the date each party thought that the marriage was completely over and there was no possibility of reconciliation.

For more information on filing a divorce action in Los Angeles or Orange County, contact an Orange County divorce lawyer for more information.

Source: Debra Messing and Husband: Separated, Still Living Together, "No Immediate Plans for Divorce."

First Kim Kardashian decided to divorce her husband Kris Humphries after 72 days of marriage. Now, Sinead O'Connor is splitting with her husband after 18 days of marriage. This is O'Connor's fourth marriage. O'Connor states on her website the reasonfor the divorce is as follows:

"Dear friends, I had for reasons u will all understand, wished to keep this private but have been told today it is to be leaked in the next few days despite my best efforts. So I must now leak it myself so as the record is straight ... From the moment myself and my husband got together not long ago, there was intense pressure placed upon him by certain people in his life, not to be involved with me. These were people who had never met me but had formed opinions of me based on what they read about 'Sinead 'O'Connor' in the media etc. Entitled as they are to their opinions about me many perhaps well deserved, there was no righteousness on anyone's part to put my husband through what he was put through as a result of his desire to be with me and to marry me and as a result of his actually marrying me."

From an Orange County divorce lawyer's perspective, considering the marriage lasted only 18 days, same is a marriage of short duration. If a party wanted to request spousal support from the other, that person would only be entitled to receipt of same for 9 days (1/2 of the length of the marriage).

At any rate, if you are contemplating filing for divorce in Los Angeles or Orange County, contact an Orange County divorce lawyer for more information.

Source: Sinead O'Connor splitting with husband after 18 days of marriage