Orange County Divorce Lawyer Blog

A growing international custody battle involving a New Jersey police officer and his ex-wife, a native of the Persian Gulf island nation of Bahrain, includes a Southern California custody aspect. According to a recent report in the Philadelphia Daily News Jeff Walding's ex-wife, Deana Jahani, was living in Southern California until last summer when she traveled to Bahrain with the couple's 8 year old daughter.

International custody battles can be among the most complex, and emotionally draining, California child custody disputes. A recent high profile case pitting an American father against his Brazilian former in-laws took five years to resolve. In Walding and Jahani's case, the Daily News reports, the couple had been awarded joint custody with their daughter residing with her mother and attending school in Southern California. Last summer, Jahani took the girl to Bahrain for a vacation. Walding told the paper that his ex made repeated excuses (such as flight delays) for failing to return to the United States, before emailing him at Christmas to announce that she planned to stay in the Gulf. Both Walding and Jahani have set up facebook pages seeking to enlist supporters for their respective sides in the custody dispute.

Walding has filed a family court petition to be declared parent of primary residence. The petition also seeks to bar his ex-wife from traveling overseas with their daughter without his permission - a stipulation that, of course, would only be enforceable were Jahani to return to the United States in the first place. The paper reports that New Jersey courts denied a similar request at the time of the couple's divorce in 2007, despite Jahani having already, at that time, taken the girl to Bahrain for 10 months on one occasion. As the Brazilian case highlights, however, even winning such a judgment can be only the first step in an exceedingly long and complex legal process for a parent to win and obtain custody of a child abducted by an ex-spouse.

If you are a Southern California parent who finds him or herself in this tragic position (or fears that as a marriage dissolves you may), consulting with a Los Angeles or Orange County child custody lawyer at the earliest opportunity is imperative. Fighting for your rights in California family court can be difficult, especially for fathers. A Costa Mesa father's rights attorney is an essential ally as you navigate our complex, and often confusing, legal system. With international custody cases sometimes taking years to resolve, it is important to have a California custody attorney who will fight for you working on your behalf from Day One.

Philadelphia Daily News: N.J. dad fears custody battle is at point of no return

The wife of Benny Hinn has filed papers seeking an Orange County Divorce from the televangelist, according to a recent item published on the celebrity news website ContactMusic.com.

Hinn, a faith healer, is widely reported to be one of the most financially successful television preachers in on earth, travelling the globe on a leased private jet code named "Dove One". Though Hinn's ministry is legally based in Texas, his main church and a church-run television studio are both located in Orange County. According to ContactMusic, he and his wife Suzanne have been married for more than 30 years and have four children. The Los Angeles Times reports the couple separated in late January and Hinn has been living in Dana Point since that time.

The Times reports that Hinn has long been known for a lavish lifestyle. "Hinn has never fully publically disclosed how he spends the money he raises, but his vast ministry is believed to be a multimillion-dollar operation," according to the paper. The report also notes that while finances are not mentioned in the divorce filing the court papers do list "three recent Southern California residences" for the Hinn family.

The Hinn divorce is likely to raise questions of personal versus ministry finances and is a reminder of the importance of consulting with an Orange County divorce attorney as soon as it appears that a split has become likely. Separating personal and business assets can sometimes be a difficult task, and the sooner one gets an experienced Southern California divorce lawyer working on this and other divorce-related issues, the better. One need not have the sort of empire over which Hinn presides for these issues to become complex and, potentially, messy. Early consultation with a Los Angeles or Costa Mesa divorce attorney is a prudent way to avoid problems further down the line.

AP via the Los Angeles Times: Wife of prosperity gospel televangelist Benny Hinn files for divorce in California

ContactMusic: Televangelist Hinn's Wife Files for Divorce

Lifestyles of the rich and famous....oh my! This is by far the largest request for spousal support that I have ever seen. According to court pleadings filed in the Los Angeles Superior Court, ousted Dodger CEO, Jamie McCourt is requesting that her estranged soon to be ex-husband, Frank McCourt, fork over $988,845.00 per month in temporary spousal support.

According to released court sealed documents, here are some highlights reflecting the parties' marital lifestyle:

* For the last 5 years of their marriage, Jamie and Frank took $2.31 million per month in salaries and perks -- almost entirely on a tax-free basis.

* Frank's financial advisor testified, "During the marriage the parties used the business to fund whatever they needed, or wanted, as it was their personal ATM or credit card.

* Jamie claims ... Frank's 2008 personal financial statements put his net worth at $834,900,000 and valued McCourt Enterprises in excess of $2 billion.

* Frank spent $52,000 in clothes since November and dropped more than $81,000 on a December vacation ... according to Jamie.

* As for Jamie's request for just under a million a month, she claims it's necessary "to maintain her accustomed marital lifestyle."

Unless you are Frank McCourt, Warren Buffett or Donald Trump, said types of temporary support orders are extraordinary. For more information on obtaining spousal support pending an Orange County dissolution proceeding, contact an experienced and reputable family law attorney.

Source: TMZ: Frank/Jamie McCourt Divorce-- So Rich!

New moves are afoot in Congress as well as in some states to safeguard the child custody rights of military parents. In California, and throughout the nation, long - and sometimes repeated - military deployments can become issues in child custody disputes. Typical of the horror stories generated by this issue is the case of a National Guard soldier from Vermont who returned from a tour of duty in Iraq to find "to find that his ex-partner had been granted full custody of their child in his absence," according to a recent newspaper report on the issue.

The fact that the laws governing these disputes vary significantly from state to state only serves to complicate matters further. According to the California Alliance for Families and Children, our state is in better shape than most on this score. Governor Arnold Schwarzenegger signed legislation in 2005 designed to protect and clarify the California child custody rights of parents serving in the military. Other states, such as Vermont, are still debating such legislation.

As a newspaper in Ohio recently reported, however, some members of Congress are pushing to establish national standards. Secretary of Defense Robert Gates recently agreed to meet with Ohio Congressman Michael Turner to discuss the issue. Turner, who has introduced legislation on the topic four times since 2007, is seeking the military's support for a federal bill designed to remove state-by-state uncertainty over deployments and their impact on child custody questions in California and around the country.

Even with legislation designed to protect soldier-parents in place, California child custody cases can be made more complex when the military service of one (or both) parents becomes an issue. This may especially be the case if one of the parents lives in another state where the laws may be more favorable to their circumstances.

Situations such as these highlight the importance of having an experienced California child custody lawyer on your side throughout any Los Angeles or Orange County divorce and child custody proceeding. Protecting all of the rights you enjoy as a parent is a central element of your California custody attorney's job. You should expect your attorney to keep up on changes in California's custody laws as well as those of other states that might have a bearing on your case.

Centerville-Bellbrook Times: Turner to meet with Defense Secretary Gates

Barre-Montpelier Times-Argus: Vt. Guard Backs Bill on Child Custody

California Alliance for Families & Children: Details of SB1082

A fraud case that will soon be tried before a federal court in Minnesota offers lessons for those involved in, or contemplating, a California divorce. Denny Hecker was indicted last week by a federal grand jury "in what prosecutors say was a scheme to defraud lenders of millions of dollars," according to a report in the St. Paul Pioneer-Press. Hecker once controlled a series of car dealerships, car rental companies and an auto leasing business. Last year, however, he filed for personal bankruptcy, citing debts of $767 million according to the paper.

Divorce factors into this story because Hecker is still working his way through a contentious marital split. His ex-wife accuses him of hiding assets - continuing "to live lavishly despite claiming to be broke," according to the Pioneer-Press. That claim is echoed by some of Hecker's creditors.

This complex case is a reminder of the importance of careful planning in one's approach to a California divorce. Leaving aside the question of whether or not Hecker has deceived his ex-wife and creditors, it is extremely unwise to place oneself in a position where one is even vulnerable to the accusation.

A skilled Orange County Divorce lawyer will not only negotiate on his or her clients' behalf, but can also offer invaluable advice on ways to structure and present assets with an eye toward reaching the best settlement possible. Hecker's problems are, perhaps, a bit more difficult than most, if only because his case is playing out so publicly.

When consulting with a Costa Mesa or Anaheim family law attorney it is important to take advantage of the privileged environment that exists during meetings with your California divorce attorney. Your attorney's job is to offer advice and to defend your interests. He or she is best able to do that when you share every important and pertinent piece of information with them.

St. Paul Pioneer-Press: Hecker pleads not guilty to fraud charges

The sad saga of a Brea couple and their lengthy fight to retain a relationship with their small grandson was detailed recently in the Los Angeles Times.

In 2006, Gilbert and Irene Reyes' son Alex was shot and killed by his wife's grandmother. At the time of the incident Alex and his wife Leslie, parents of a small boy, were in the process of getting a California divorce. After Alex's death a court awarded the Reyes' "eight hours of visitation every other weekend" with their grandson. Soon afterward, however, Leslie moved to the Chicago area without informing her former in-laws.

The Reyes' story is a reminder of the difficulties many grandparents face in trying to secure California visitation rights. As the newspaper details, it is was only after several years of both California family court and Illinois court battles that the Reyes' were awarded a regular visitation schedule with their grandson (once per month in Chicago, where Leslie now lives, and three one-week visits in California each year).

As the Reyes case highlights, the rights of grandparents are very limited when compared to those of parents. Further complicating matters, this issue is governed by state, not federal, law and the situation can vary significantly from state to state - a key factor if, as in the Reyes case, a parent has moved to a different state with the child.

With so many complex issues potentially in play, it is especially important that grandparents who find themselves in an Orange County visitation fight consult a Southern California family law attorney with expertise in child custody and visitation issues. Protecting grandparents' rights can be challenging - but it is not impossible. The first step is to obtain the right legal assistance. A Costa Mesa or Brea custody and visitation lawyer can help in your fight to maintain a relationship with your grandchildren.

Los Angeles Times: Brea couple fight for relationship with grandson

Several celebrity news websites are reporting that a settlement has been reached in the California divorce of Playboy founder Hugh Hefner, which is expected to become final next month.

The relationship between Hefner, 83, and his wife Kimberly has, according to media reports, been an unusual one. The couple married in 1989 and separated in 1998, but only filed for a California divorce last year. In the interim Kimberly has been living with the couple's children in a house adjacent to the Playboy Mansion and Hefner has been paying her a monthly allowance.

Divorce settlements involving high-asset couples - especially couples in which one partner brings most of the assets into the marriage - can be especially complex. California prenuptial agreements were created, in part, to address situations like this. The Hefner settlement may also have been complicated by the unusual living arrangements the couple have had for more than a decade. Further complicating matters is a lawsuit Kimberly filed last year against the ageing publisher, demanding
$5 million as her share of the profits from Hefner's sale of the home where Kimberly and the couple's sons have been living. Hefner claimed in response that "he's paid her nearly $12 million since they separated," according to TMZ.

Though unusual in many respects, the Hefner divorce is also a reminder of the importance of securing the help of a skilled Orange County divorce lawyer who can help you chart a course through your California separation and divorce whatever their circumstances may be. Divorces that do not involve multi-million dollar homes or other significant California community property assets can be just as complex and contentious as those of movie stars or magazine publishers. The first important step to take involves finding a Los Angeles, Orange County or San Bernardino County divorce attorney who will give your case the careful attention it deserves, and fight for everything to which you are entitled.

Contactmusic.com: Hefner's Divorce Finalised in March

TMZ.com: Hugh Hefner Divorce: A Done Deal

Dennis Hopper is involved in his own bitter California child custody dispute with soon to be ex-wife, Victoria Duffy. Hopper, 73, who is undergoing chemotherapy for advanced, metastasized prostate cancer, filed declarations along with his children, doctors and assistant in Los Angeles Superior Court on Thursday.

The director and co-star of "Easy Rider" filed for a California divorce from Duffy, 42, on January 14, and said in a subsequent statement that he wanted to spend "these difficult days surrounded by my children and close friends."

The California divorce battle is largely a tug-of-war over the couple's daughter, Galen. Hopper hopes a judge will mandate daily visitation, because he claimed Duffy had taken her away from him for extended periods. From an Orange County divorce attorney's perspective, it is not adviseable to deny the other parent frequent and continuing contact with the child.

Court documents details a lot of screaming and shouting among the inhabitants of Hopper's five-home compound in the coastal Los Angeles suburb of Venice, with Duffy cast as the villain.

Duffy is variously described as "extremely volatile" "insane and out of her mind," and "inhuman." Her husband of 13 years, meanwhile, has shrunk to 120 pounds (54 kg) and vomits after taking his medication, according to the papers.

Continue reading "California Child Custody Dispute involving Dennis Hopper" »

If you do not want an Orange County divorce attorney or any divorce attorney, for that matter, snooping on your Facebook page, then refrain from uploading any incrimininating evidence (i.e. inebriated photos, cheating photos, etc.)

Indeed, an article released from the New York Post today states that more people are cheating on their spouses using Facebook -- and more divorce lawyers are returning to the scene of the crime for evidence.

A whopping 81 percent of matrimonial lawyers say that in the past five years they've seen a massive spike in the use of social-networking information as evidence of infidelity, a new poll shows.

The most widely used cyber-evidence -- including messages to lovers and incriminating photos -- is found on Facebook, the survey from the American Academy of Matrimonial Lawyers reveals.

"Every client I've seen in the last six months had a Facebook page," said the group's vice-president, Ken Altshuler, "and the first piece of advice I give them is to terminate their page immediately."

Continue reading "Infidelity and Facebook" »

According to Dina Lohan, her ex-husband, Michael Lohan, is a deadbeat dad.

"It's almost been a year without child support," Dina Lohan said after a closed door meeting with her ex-husband in Nassau County Family Court on Tuesday.

The parents of troubled starlet Lindsey Lohan have been squabbling over court-ordered child support payments. It's unclear how much Michael Lohan owes, but TMZ.com reported it was more than $15,000.

"I just want him to do the right thing. I just want him to take care of his kids," Dina Lohan said after the meeting. "This isn't about us. It's about his children."

"No one wants a war," she said. "I don't want to be here more than anyone else in this building. It's a very sad place."

Continue reading "Michael Lohan has not paid Child Support in Over a Year" »

Today, trial commenced in a case of a man accused of murdering his wife. Henry Lisowski is accussed of killing his wife, Rosa, over a child support dispute. The prosecution states that a child support dispute prompted the killing.

It has been reported that Henry Lisowski, who had repeatedly threatened to harm his estranged wife, was driven to kill her after she was awarded child support for the two young children they shared, a prosecutor told a jury Monday.

The wife, Rosa Lisowski, went missing about a month before an important court hearing in 2008, when a judge was to consider whether her husband would have to pay child support for the previous year and whether he had significantly underreported his income.

Her body was never found, but the prosecutor said yesterday that evidence presented in Henry Lisowski's trial would show that he killed her and dumped her body in a trash bin.

Continue reading "Trial Begins for a Husband accused of Killing Wife over Child Support Dispute" »

The California divorce proceedings of singer Paul Anka and his wife Anna are shaping up as unusually vitriolic, even by celebrity standards. The couple married in 2008. Paul Anka filed for a California divorce last December. Now, according to several celebrity news websites, he is also suing Anna for defamation.

The defamation allegations are, in a way, related to the divorce; specifically to the couple's California prenuptial agreement. Paul's suit charges Anna with claiming, first, that there is no prenuptial agreement, and later implying to Swedish media outlets (Anna is Swedish by birth) that a prenup only appears to exist because Paul forged her signature it.

Obviously, forging a partner's signature on a legal document would, if true, be a serious crime. For those of us without inside knowledge of the Anka marriage, however, the really noteworthy point here is the sheer speed with which the California divorce action has become both extremely public and extremely toxic. Over the last 30 years or so prenuptial agreements have become increasingly common tools, particularly when one of the spouses-to-be has significant assets they wish to protect in the event of a divorce. That there could even be a dispute among the divorcing spouses over the legitimacy of the prenup (assuming, for the sake of argument, that there is one) is a sign that this marriage is probably beyond saving.

The Anka dispute, therefore, highlights the importance of drawing up prenuptial agreements in a clear and professional manner - one that leaves little or nothing open to dispute. In this regard, the importance of finding an experienced Southern California prenuptial agreement lawyer who you feel comfortable with and can trust cannot be overstated. The fact that the Ankas appear to disagree on the legitimacy of their California prenuptial agreement makes it highly likely that one of the parties may also dispute the document's actual contents. Careful Los Angeles or Orange County family law work designed to minimize disputes at the beginning of a marriage can save both parties much trouble and expense if and when the marriage ends.

TMZ.com: Paul Anka Sues Estranged Wife for Defamation

Jam Showbiz: Paul Anka Sues Estranged Wife

I previously discussed the requirements for filing a Contempt action here in Orange County. However, many individuals sometimes question why bother filing a Contempt action if the citee will continue to disobey court orders? From an Orange County family law perspective, if you are successful in your Contempt hearing, the punishment can be severe. Once the moving party is able to prove that the citee is in contempt of court, what is the punishment?

Pursuant to CCP section 1218(c), a citee who is found in contempt of court for failure to comply with a court order under the Family Code must at minimum, be sentenced to the following:

Continue reading "Punishment for Contempt of Court" »

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