Orange County Divorce Lawyer Blog

As a noted in a previous post, there have been several high-profile instances reported in the media in recent months of long-divorced spouses returning to court and seeking to renegotiate settlements because their financial circumstances have changed. Now, from New York, comes another version of this: According to a recent Associated Press report, a Family Court judge in Manhattan has ruled that a prominent New York lawyer can't recover money he paid his ex-wife that was lost as part of the Bernard Madoff Scandal.

The division of assets in Steven Simkin's 2006 divorce included a $2.7 million payment the attorney gave his ex-wife as half of the value of their investment account with Madoff. We now know, of course, that Madoff has essentially pocketed the money. As a result, three and a half years later, Simkin's ex has cash but he is left holding a worthless investment account. Last week a judge ruled that Simkin's ex-wife, Laura Blank, does not have to return the money her husband paid her.

As is so often the case, this high-profile dispute can serve as a cautionary tale for the rest of us. An experienced Orange County divorce attorney can advise clients on the best ways to protect their assets during the process of dividing up California community property. Before the division becomes final it is important that due diligence is conducted to make sure all assets are properly valued. A Southern California divorce lawyer can help you make your way through this complicated process regardless of the size of the size of the estate involved.

AP at The Huffington Post: Steven Simkin Can't Recover Madoff millions from ex-wife Laura Blank: Judge

The British newspaper the Daily Mail reports that fallout is continuing from the high-profile California divorce of former Monty Python star John Cleese. Though Cleese and his now ex-wife Alyce are English they lived in California during their marriage and went through their divorce in the state.

Under California's community property laws the couple agreed to a final settlement under which John Cleese reportedly owes his ex about $20 million. Among other things, she was awarded sole ownership of their Los Angeles-area home in the California divorce settlement. The newspaper reports that Alyce, having retained the Cleese name throughout the divorce proceedings, is now returning to the use of her former surname, Eichelberger. Considering that Britain's tabloids long-ago took to calling her "Poison Alyce" that might not be especially surprising. John Cleese, meanwhile, has launched a stand-up comedy tour under the title "How to Pay for Your Divorce".

According to media reports, the settlement in Cleese's divorce (his third) was so large because he had not signed a pre-nuptial agreement prior to his marriage to Alyce. His situation highlights the importance of considering a pre-nup, especially for couples where one or both parties bring significant financial assets or unusually high earning power to the union.

A California marriage and family law attorney in Los Angeles County or Orange County can offer advice on pre-nuptial agreements and other family law matters tailored to your specific circumstances. If you are beginning divorce proceedings and there is no earlier agreement, an experienced Southern California divorce lawyer can advise on the best ways to protect your assets while negotiating a final settlement on your behalf.

Daily Mail: Poison Alyce is no longer Mrs. Cleese

A fascinating article that appeared recently in the New York Times shines a light on the ways in which surrogacy is developing in California and around the nation. As the article outlines, the rapid increase in gestational surrogacy has presented family law courts around the country with challenging, and sometimes unexpected, issues.

As the Times notes, California is a state whose family courts have generally been open to surrogacy contracts. In other states, however, they are considered legally unenforceable. The patchwork of state laws and general lack of regulation surrounding the surrogacy industry is leading some medical professionals to express concern. Of course, cases of surrogate mothers falling out with the adoptive parents who hired them are not new: courts have been dealing with these questions for some two decades. But, as the paper notes, the medical and business landscape of surrogacy is evolving rapidly while the family law and court system has moved far more slowly.

Reading the article is it difficult to avoid the conclusion that those considering surrogacy should make a consultation with an experienced Southern California family law attorney an early, and important, part of this kind of family planning. Surrogacy contracts often contain layers of emotional and legal complication that go well beyond those normally associated with adoption.

An Orange County adoption lawyer can offer detailed advice on the best way to navigate the legalities of both surrogacy itself and California adoption (which is frequently an important element of a surrogacy arrangement).

New York Times: Building a Baby, with few ground rules

The headline of a recent New York Times article says it all: "Text Messages: Digital lipstick on the collar." The piece highlights the fact that technology may change from generation to generation but human nature does not. People, unfortunately, cheat; and all too often they leave evidence behind if one knows where to find it. This issue is also a useful reminder that when selecting a Southern California divorce attorney you need to be sure to find a professional who is both experienced in legal matters and well-versed in modern technology.

From Tiger Woods to Detroit's now ex-mayor (a Democrat) and Senator John Ensign of Nevada (a Republican) the list of the high and mighty brought low by indiscrete texting is surprisingly long. The Times article notes that even text messages that have been deleted from both the sender's and receiver's phones are not necessarily gone. Different cell carriers have different policies, but all keep text message data for at least a few days and some hold onto it for several weeks.

These are things you need to be aware of when consulting with an Orange County divorce lawyer, and that your attorney, in turn, needs to demonstrate some familiarity with. In a world where technology changes quickly, keeping up with technology's effect on the legal world has become an important element of client service.

A full-service Costa Mesa family law firm can offer advice both on the best way to protect yourself from creating a problematic electronic trail, and on how to move forward making use of texts or emails that may paint different picture of your spouse than your are accustomed to seeing.

New York Times: Text Messages: Digital lipstick on the collar

Following-up an item I blogged about in mid-October (click here for the earlier post), an Orange County Family court has reportedly turned down a request for increased Orange County visitation rights by the ex-wife of TV star Jesse James.

According to the Hollywood-news website The Insider the court rejected a request by James' ex-wife, a former porn star, that her weekly visits with their five year old daughter by allowed to extend overnight (they are currently confined to daylight hours). The site reports, however, that the court did make an exception for Christmas Eve, when the mother will be allowed to keep the girl overnight provided she is returned to her father by noon on Christmas Day.

James, a resident of Sunset Beach and the star of Discovery Channel's "Monster Garage", has been locked in the custody battle since his ex-wife's release from prison earlier this year. The little girl lives with James and his current wife, Sandra Bullock (yes, that Sandra Bullock).

Put aside the high-profile nature of this case, however, and it is really not that different from the sort of disputes Orange County Family courts see every day: a bitter custody battle in which one spouse essentially claims that the other cannot be trusted with the welfare of a small child, even for relatively brief periods of time.

Whichever side of a dispute like this you find yourself on, skilled Southern California family law help is essential. An experienced and compassionate Orange County child custody lawyer can offer crucial advice and legal representation to help you through the often wrenching process of an Orange County custody dispute.

The Insider: Sandra Bullock's Husband Jesse James Wins Battle Over Visitation Rights

Following-up a story I blogged about last month, basketball superstar Shaquille O'Neal is reportedly trying to get his California divorce proceedings moved to Florida.

As I noted in a November 17 post, Shaq's wife Va'shaundya reportedly flew to California from their home in Florida only days before filing California legal separation papers in Los Angeles family court. The widespread assumption has been that Va'shaundya was seeking to establish California residency in an effort to obtain a more favorable divorce settlement. According to The Cleveland Leader (Shaq plays for the NBA's Cleveland Cavaliers), Shaq has now filed California court papers of his own arguing that the couple live in Florida and that the case should be thrown out.

As a rule, a person seeking a California divorce must have been resident in the state for six months. Because Va'shaundya is seeking a California legal separation, however, that requirement does not apply.

The couple's situation highlights the complex nature of residence as a factor in California divorce proceedings. One need not have the O'Neal's wealth or prominence for the question of where a spouse lives to become a factor in an Orange County or Los Angeles County divorce proceeding. Jurisdiction is one of the many complicating factors that an experienced Orange County divorce lawyer can help you sort through as you move forward with - or are forced to defend yourself in - a California divorce. Consulting with a Southern California divorce lawyer as early in the process as possible an essential step in protecting your interests as an Orange County, Los Angeles County or San Bernardino County divorce makes its way through the legal system.

The Cleveland Leader: Shaquille O'Neal Wants Divorce Proceedings Moved to Florida

Poverty among children in Orange County has hit its highest levels since 2005, according to a recent article in the Orange County Register. The data offered by the newspaper is a sobering reminder of the problems families face in our community, and the challenges these, in turn, can pose for Orange County family law and family courts.

Citing federal poverty data, the newspaper reported that the number of school-age children in poverty in Orange County jumped to 12 percent in the last year - an estimated 67,062 children. The paper noted that 3.5 times that number of children qualify for free or reduced-price meals in the county's schools.

Unsaid in the article is a separate truth: that times like these, and rising poverty numbers, put strains on families at all economic levels. In times of economic stress Orange County family law issues such as divorce, parental alienation, child custody and visitation can all become even more vexed and emotional than they ordinarily are.

In situations like these the assistance of an experienced and compassionate Orange County family law attorney can be invaluable in negotiating your family's passage through difficult times. Orange County divorce and child custody issues can be complicated by one or both spouses losing a job or falling behind on mortgage payments. A full-service Orange County family law firm can help you explore your options for dealing with this and similar situations, as a first step toward restoring balance in your life.

Orange County Register: Poverty figures rise among O.C. schoolchildren

The link below will take you to a fascinating story published last week in Fortune magazine that is also a cautionary tale about the mixing of personal and corporate assets and how they can get tied up as part of a divorce. The article focuses on John Randolph "Bunky" Hearst Jr., a grandson of the legendary California newspaper magnate William Randolph Hearst. Though the article focuses on New York (where Bunky lives) the issues it raises can be even more complex in a state like California where divorce is governed by community property laws.

As the article details most of Bunky Hearst's came from the payments he received as a beneficiary of a family trust that controls the privately-held Hearst media empire (Hearst's assets include 200 magazines, 16 newspapers, the A&E cable channel and a 20% stake in ESPN). Even by the standards of privately-held companies Hearst is remarkably secretive. Yet, as the article notes, legal maneuvering around Bunky Hearst's divorce came close to spilling the company's most closely-held business secrets into the open.

The tale is a fascinating reminder not only of how intrusive and emotionally wrenching a divorce can be, but also of how it can create work-related disruptions with far-reaching consequences.

Stories like this remind us how important a skilled Southern California divorce lawyer is when a marriage is facing dissolution. Protecting your assets is a key part of any Orange County divorce proceeding, but keeping a business' affairs out of the court spotlight can be equally important - and even more complex. A full-service California family law firm can examine assets at any stage of a marriage, helping ensure that private affairs remain private.

Fortune: Citizen Bunky: A Hearst Family Scandal