Orange County Divorce Lawyer Blog

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" »

A recent article in the New York Times lays out the particulars of a custody case currently being heard in Illinois for which a California ruling of a generation ago may provide the key precedent. The family court is being asked to decide custody of a five month old boy whose mother is a quadriplegic. Though the mother, according to the paper, lives with the child's grandmother and "has a full-time aide and a trained service dog" the boy's father is claiming her disability renders her an unfit mother.

The California family law connection comes from a 1979 case in which the California Supreme Court "granted a paralyzed father custody of his two sons, despite a lower court's ruling that the man could not play ball or go fishing with the boys." Courts, of course, are supposed to rule in accordance with the "best interests" of the child. But, as the article notes, "best interests" is a phrase that can be defined in many ways.

Child custody, whether here in California or elsewhere, is inevitably a difficult and emotional issue. If you believe your spouse or ex-spouse is unreasonably claiming that you are an unfit parent it is important to contact a Southern California child custody lawyer as soon as possible. In Orange County, Los Angeles County, San Bernardino County and elsewhere in Southern California, custody battles can be lengthy and emotionally draining. A full-service Orange County family law firm can help you plan the best legal strategy in terms of both protecting your parental custody and visitation rights and securing your own assets against unreasonable custody or support claims.

New York Times: Should a Quadriplegic Mom Have Custody?

Media reports are emerging regarding the Christmas Day arrest of both Orange County prosecutor David Brent and his wife Roshawn on Orange County domestic violence charges. The couple allegedly quarreled in a parking lot on December 25 leading to blows allegedly being struck on both sides and David Brent walking off with the car keys leaving his wife alone. Roshawn Brent then called 911.

Both Brents have posted $50,000 bond and have been released from prison. The Orange County prosecutor's office has turned the case over to the California attorney general because of the potential conflict of interest in taking one of its own attorneys to court.

The Huntington Beach domestic violence incident highlights the importance of knowing, and keeping in touch with, an Orange County domestic violence attorney when relations in a marriage turn sour. An experienced Huntington Beach or Costa Mesa family law firm can advise clients on the best approach to difficult and possibly violent domestic situations, including whether or not seeking a restraining order may be advisable in your particular circumstances.

Complex and emotionally-charged Orange County family law issues are never easy to deal with. A skilled Orange County domestic violence lawyer can, however, offer invaluable assistance in difficult times.

Orange County Register: Prosecutor Arrested in Domestic Incident

Los Angeles Times: O.C. Prosecutor, wife arrested on suspicion of domestic violence

In the wake of actor Charlie Sheen's Christmas Day arrest on charges of menacing, assault and criminal mischief questions have also arisen over the Los Angeles County child custody situation surrounding his children.

Sheen's alleged assault on his wife, Brooke Mueller, took place in Colorado, but numerous media reports indicate authorities in that state have passed the lead on issues related to the couple's children to the LA County Department of Children and Family Services, which has reportedly begun an investigation. Sheen and Mueller are the parents of twin 9-month old boys. Sheen also has two daughters by his ex-wife, actress Denise Richards.

The Southern California child custody investigation Sheen and Mueller now find themselves facing is evidence of the seriousness with which the authorities treat potential threats to children arising from marital disputes. According to a recent report on FoxNews.com there have been indications that the children could be temporarily removed from both parents custody.

For any Southern California parent facing a difficult and complicated situation involving DCFS the advice and assistance of a Los Angeles County or Orange County family law attorney is crucial. California child custody and visitation issues can be both legally complex and emotionally stressful. Having an experienced Costa Mesa custody attorney available to help you through the process from its first stages through to a final family court judgment can be the key to a successful outcome.

Fox News: Report: Charlie Sheen, Brooke Mueller Could Lose Custody of Sons

E! Online: Could Charlie Sheen lose custody of his kids?

A Malibu couple have lost their bid to win custody of their orphaned grandchildren, according to a recent report in the Los Angeles Times. The Los Angeles County child custody case is the second high-profile international custody decision involving Americans to come down in recent weeks, and highlights the complex and emotional nature of international child custody disputes. This latest ruling means the children, ages 11 and 7, will remain in the primary care of their maternal grandmother, who lives in a remote area of Southern Argentina.

According to an Associated Press report published in the Times, the children's parents died in a car crash in 2008 leaving behind a hand-written will giving custody to the maternal grandmother. The paternal grandparents, who live in Malibu, contested custody, claiming the older child, who was severely injured in the same car crash, needed medical care that was not obtainable in Argentina. They also questioned whether the Argentine grandmother would allow the children to visit California for one month per year, as required by earlier court rulings.

Idaho's Supreme Court, however, ruled unanimously that the law gives precedence to the deceased parents' wishes.

Child custody decisions are always complex, and often emotional. Though the paternal grandparents in this case live in Southern California the case was heard in Idaho because that is where the children and their parents resided prior to the parents' deaths. Los Angeles and Orange County custody cases that stretch across state lines and international borders are especially complicated. In such circumstances it is particularly important to have an experienced and compassionate Southern California family law attorney on your side. A properly drawn-up will should be an essential part of everyone's estate planning. Such a document can help ensure that, in the event of your death, your wishes for the disposition of you children and their long term unfold in the way you hope and intend.

AP published in the Los Angeles Times: Idaho Supreme Court says Argentine grandma to keep custody of orphaned Idaho kids