June 2010 Archives

Michael Douglas' Ex Claims Her California Divorce Settlement Entitles her to a Piece of His New Movie

June 30, 2010, by David P. Schwarz

Actor Michael Douglas and his first wife Diandra finalized their Southern California divorce a decade ago, but she now insists their California family court settlement entitles her to half of his profits from a movie that hasn't even been released yet. According to the New York Post, Diandra has filed suit in a New York court seeking half of the money Douglas will receive from "Wall Street 2", a sequel to his 1987 Oscar-winner. The movie is scheduled to premier in September.

According to the celebrity website PopEater, Diandra's claim is based on a clause in the couple's California divorce settlement giving her half of the proceeds from work Douglas did during the couple's marriage. Since Douglas plays the same character in the new movie that he did in the original, she is asserting that the forthcoming film fits the settlement's definition of "residuals, merchandising and ancillary rights".

According to the Post, Douglas' lawyers have filed papers claiming that a "sequel" is not the same thing as a "spinoff". Were the new film the latter, they say, she would have a case; but, they argue, it is the former - and that means she is not entitled to a cut. Douglas' lawyers are also arguing that California family court is the proper venue for the suit since the couple were divorced in the state. Diandra's attorneys say they filed in New York because that is where both of the ex-spouses now live.

This case highlights the fact that unexpected issues that can arise long after the fact in an Orange County divorce settlement. National media have recently highlighted cases of other long-divorced spouses (though, to be fair, not movie stars) seeking to renegotiate their settlement agreements because of changed economic circumstances. Such situations are moments when having an experienced Orange County divorce lawyer in your corner is of the utmost importance. A Los Angeles or Orange County family law attorney can help identify areas in your settlement that may become problems in the future, and can suggest ways to avoid trouble.


PopEater: Michael Douglas' Ex-Wife Wants a Piece of His 'Wall Street 2' Money

New York Post: Michael Douglas' ex-wife greedy for his 'Wall Street 2' $$

Orange County Guardianship: When do you need it?

June 29, 2010, by Winiviere G. Sy

Not only can an Orange County divorce attorney assist you in your divorce, paternity, child custody, visitation, domestic violence or annulment issue, but we also assist in guardianship matters. Generally speaking, the following four scenarios is when a party would consider filing for an Orange County guardianship:

1) Orphans: Orphans or situations in which the biological parents cannot be found would be a grounds to seek guardianship. In this scenario, petitions for guardianship are filed by members of eah parent's family.

2) Prevention of abuse or neglect: Probably one of the most common scenarios is a porceeding equivalent to a juvenile dependency in which a guardianship is needed to prevent abuse or neglect of the minor. Most of the time, both biological parents have drug abuse problems or the child may be involved in a dometic violence environment.

3) Child has resided in the home of a Nonparent Adult: Another scenario involves a child who resides in a home of a non-parent adult for so long that the child has bonded with the surrogate family.

4) Technical Change of Custody: The fourth scenario involves situations where the parties desire to change technical custody. For example, a minor may be living with her mother and her grandmother (maternal grandmother). The mother is unemployed and the grandmother will need to add the minor to her health insurance policy. In this situation, a guardianship for a technical change of custody would be appropriate.

If you have a guardianship issue or would like to explore whether petitioning the court for a guardianship is appropriate, contact an Orange County guardianship attorney for more information.

California Divorce Papers Reportedly Signed by Charlie Sheen, Brooke Mueller

June 28, 2010, by David P. Schwarz

A variety of celebrity websites are reporting that Charlie Sheen and his wife, Brooke Mueller, have signed divorce papers. According to the site PopEater, however, the couple's California divorce settlement agreement has not yet been formally submitted to a court for consideration.

The couple's marriage began to unravel last Christmas when police were called to a residence in Aspen. Sheen is now facing domestic abuse charges in Colorado. In the wake of that incident Sheen and Mueller's progress toward divorce, and a Southern California family law court, has been swift.

The California divorce settlement may be filed in Orange County or elsewhere in the region. According to HollywoodNews.com, the document stipulates that the couple will share custody of their 15-month old twin boys, with Sheen paying $55,000 a month in child support. Media reports say the settlement specifically says that Mueller's level of child support may not be lower than the sum Sheen pays to his first wife, Denise Richards. In addition to the child support, Mueller will reportedly receive a large cash payment, as well as having Sheen buy out her equity in their home (Sheen will keep the house itself).

Celebrity divorces in Orange County, Los Angeles or elsewhere in Southern California can often seem far-removed from the lives the rest of us live. In fact, their basic outlines are often little different from anyone else's and, as such, highlight the important role that having the right Orange County divorce lawyer plays in the process.

An experienced Orange County child custody and divorce attorney should be both an aggressive advocate for your interests and a knowledgeable advisor on the complexities of California family law. Dividing up assets, establishing an equitable level of child support and negotiating custody arrangements are as important to you as they are to any celebrity. Ensure that your settlement protects your interests by utilizing the services of a comprehensive Los Angeles and Orange County family law practice at every stage of the California separation and divorce process.


PopEater: Charlie Sheen and Brook Mueller Sign Divorce Docs

HollywoodNews.com: Charlie Sheen's divorce settlement with Mueller: Not a penny less than Denise Richards

Disposition of Engagement Ring at Divorce

June 25, 2010, by Winiviere G. Sy

Are you as sick and tired as I am about hearing Jake Pavelka and Vienna Girardi talk about their split? Ugh, these two are only after publicity, just like Heidi and Spencer, but not as bad (yet). Why would you want to broadcast the details of your relationship/split to the media if you did not have some ulterior motive? Imagine all the dirty laundry that would result had these two gotten married and divorced years later? At any rate, one issue that comes to mind after Jake and Vienna's split is what happens to Vienna's 2.72 carat Neil Lane engagement ring? According to reports, Neil Lane himself believes the ring will be returned to Warner Brothers.

From an Orange County Divorce lawyer's perspective and in the event Jake and Vienna did get married and later divorced, the disposition of the engagement ring upon divorce would be different. An engagement ring given to the bride would ultimately become the separate property of the bride. Afterall, it is a gift. For the most part, any gifts given by one person to the other during marriage will be the recipient's separate property, unless otherwise provided in writing. So, if the husband tries to allege that he should get the ring back, his grounds will likely be invalid unless he has a premarital agreement in place or something in writing stating that the engagement ring should be returned to him upon a divorce. With that said, as a general rule, the engagement ring should remain with the recipient unless the recipient deems it only fair to return it. .

For more information on how to dispose of assets during a Los Angeles County or Orange County Divorce, please contact a Costa Mesa family law attorney.

Source: What will Become of Vienna Girardi's Engagement Ring?

Divorce Settlement: Tiki Barber too "broke" to pay settlement

June 24, 2010, by Winiviere G. Sy

From an Orange County Divorce perspective, it's always interesting when people are involved in a divorce, they suddenly claim they are in a financial crisis and cannot afford to pay for anything. I'm not saying the decline in income is intentional but it certainly is coincidental. Turns out that Tiki Barber is now claiming that he cannot pay the divorce settlement owed to his ex-wife, Ginny Barber, after he was let go from NBC's "Today" show.

Barber left his wife of 11 years, Ginny, for a 23-year old blond former NBC intern. Barber alleges that his career is in shambles and that he is in financial woes because his contract for NBC for $300,000 ended. Indeed, Barber has not been on the air in many months. However, it is reported that Barber's contract was only formally terminated in May.

If you are presently engaged in a divorce, it is not a good idea to purposefully allege you are broke and are in a financial crisis if its really not the case. There are serious consequences for same. If you are in need of an Orange County divorce attorney, please contact a reputable family law attorney.

Source: 'Broke' Tiki Barber Can't Afford Divorce Settlement After Alleged Affair With NBC Intern

Orange County Custody May be Affected by Medical Marijuana Use

June 23, 2010, by David P. Schwarz

An Associated Press article that has been republished throughout the national media this week notes a growing trend in custody cases here in California and elsewhere: claims by one spouse/ex-spouse that medical marijuana use by the other renders that person an unfit parent.

Though focused mainly on Washington state, the piece quotes a representative of a California group, Americans for Safe Access, saying "her organization has received calls about 61 such cases" over the last four years.

Southern California child custody and visitation cases are often contentious. Parents play hardball with one another over Orange County, Los Angeles County and San Bernardino child custody issues. It is often only through aggressive legal representation that accused parents can avoid situations that rise to the level of California parental alienation and maintain the kind of relationship with their children that they want and deserve. The AP article cites several instances of fathers or stepfathers reduced to limited or supervised visitation with their children because they are medical marijuana patients. These court rulings have been issued despite a specific provision in Washington's medical marijuana law mandating that authorized users "shall not be penalized in any manner, or denied any right or privilege."

As the article details, these California and other state child custody disputes tend to turn on two issues: potential substance abuse and federal versus state law. Just as a judge can take alcohol abuse into account when determining custody, despite the fact that alcohol is a legal substance, so judges in states where medical marijuana use is permitted have the ability to consider accusations by one parent that the other is abusing the drug. Beyond that lies the fact that whatever various states say, marijuana use remains a crime under federal law. Though the feds have largely chosen not to pursue such prosecutions, this fact that marijuana use remains forbidden can leave parents involved in California custody disputes in a legal grey area if they are also medical marijuana patients.

These difficult issues are the kind of problems best addressed with the assistance of an experienced Orange County family law attorney. Medical marijuana and other potential substance use/abuse issues can be complicating factors in any Southern California child custody dispute. The best way to address them is with the help of an Orange County child custody lawyer who can defend your interests aggressively and, in doing so, help you maintain the substantive, loving relationship with your children that you deserve and they need.


AP: Medical pot can cost parents in custody disputes

NBC Bay Area: Medical marijuana weighing on child custody disputes

Study finds that one divorce can lead to others

June 20, 2010, by David P. Schwarz

A new study shows that Orange County divorce can have a way of spreading. According to a recent article at CNN.com, a San Diego State University study indicates that one couple's divorce can have an effect not only on other couples in their immediate social circle but on friends of the couple's friends as well.

Though conducted from Southern California this divorce study cast its net nationwide. In reporting the study, CNN noted that only a few days after Al Gore and his wife Tipper announced a separation the former vice president's oldest daughter, Karenna Gore Schiff, announced that her marriage, too, is ending.

All of this is best seen as a cautionary tale: a reminder that Orange County divorce is not to be entered into lightly. It also highlights one of the many reasons why an Orange County divorce lawyer plays such a crucial role in any Orange County separation, annulment or divorce agreement: because as complex as it often is, an Orange County divorce is something that can enter any couple's life at short notice, bringing with it both stress and confusion.

Speaking specifically of the Gores, the study's authors emphasized to CNN that their data show no special timing-related linkages between parental splits and those of their children (the researchers did not dismiss the idea, according to CNN - they merely said the study did not examine that particular variable). What is clear, however, is that one person's experience going through a split can cause his or her friends, as well as friends of friends, to take stock of their own marriages leading, in many cases, to more divorces and separations.

This sort of marital instability, along with the financial issues questions that often arise in its wake, is one of the reasons why consulting with an Orange County divorce lawyer at the earliest possible stage of your thinking about a Southern California divorce, separation or annulment is important. Protecting your rights, and your assets, is a primary responsibility of your Southern California divorce and family law attorney. You should not get a divorce just because a friend or neighbor is doing so, but if you are considering this fateful decision it is important to seek the solid, professional advice an Orange County divorce lawyer is best-placed to offer.


CNN: Could you be 'infected' by friend's divorce?

California Legislation: Ex-spouse not entitled to collect financial rewards in divorce

June 18, 2010, by Winiviere G. Sy

A bill was heard the past Tuesday wherein a State legislative committee sought to close what its author claims to be a loophole in California's no-fault divorce rule. In part, the legislation will specify that spouses who solicit the murder of their soon to be ex-spouse are not entitled to collect financial rewards during divorce proceedings.

The bill was enacted because of the facts concerning John Pomroy, a police detective. His wife collected about $70,000 from their estate after she was released from prison in 2004. His wife allegedly became addicted to painkillers, alcohol and drugs. The couple subsequently separated when his wife became physically abusive. Pomroy eventually moved out of the former family residence and was awarded custody of the children. When the wife faced the loss of her kids and lack of financial support from her husband, she hired members of the Vagos motorcycle gang to kill Pomroy while he was on duty.

The Califrnia Family Code states that if spouses are convicted of murdering or attempting to murder their husband or wife, they are not entitled to reap any financial benefits during divorce proceedings. However, in the event they hire someone to murder their spouse, the victims' assets are not protected.

The bill would amend the law to include husbands or wives who solicit the murder of their spouse.

If you are in need of assistance in seeking a California divorce, contact an Orange County divorce attorney.

Source: Bill Targets "Hitman" Loopholle in California Divorce Law

Southern California Divorce for Dog Whisperer

June 17, 2010, by David P. Schwarz

TV star Cesar Millan and his wife of 16 years, Ilusion, have announced their intention to divorce. According to a report in People magazine, Ilusion filed legal papers in Los Angeles seeking a Southern California divorce. The papers reportedly cite "irreconcilable differences" as the reason for the split.

The Mexican-born Millan rose to fame over the last decade as a dog trainer to the stars. His TV show is now seen throughout the world and he is the author of a number of successful books.

Few details beyond the basics of the Millan divorce are available, but the TV star's situation is a reminder of the importance of proper legal planning whenever the signs point to a marriage on the rocks - one that may end in a Los Angeles or Orange County divorce. If you are contemplating an Orange County divorce or legal separation, early consultation with an Orange County Divorce lawyer is an essential step. An experienced Costa Mesa or Anaheim divorce lawyer can offer a clear-eyed assessment of your personal financial and legal situation as part of the process of dividing a divorcing couple's assets and property.

Every Los Angeles or Orange County divorce presents a different set of issues. Celebrity splits, such as the pending Millan divorce, are often complicated by issues of wealth and income, but one need not be famous - or even particularly rich - for these issues to become a contentious part of a California divorce. According to People, Ilusion Millan is requesting that the California divorce court grant her custody of the couple's children while giving Cesar only visitation rights (the couple have two sons). Situations like these can be difficult for many fathers, who find themselves fighting a legal system that often seems to be stacked against them. In such situations, the help one obtains from an Orange County divorce attorney can be invaluable.


Contactmusic.com: Cesar Millan - Millan to Divorce

People.com: Dog Whisperer Star Cesar Millan and Wife Split

Gary Coleman's ex wife requests to be Administrator of his Estate under Common Law rules

June 16, 2010, by Winiviere G. Sy

By now, we all know of the untimely death of child star, Gary Coleman. It was reported last week that Shannon Price, the ex-wife of Coleman, requested to be appointed special administrator of Gary Coleman's estate. Price based this request on a handwritten document purportedly written by Gary Coleman making her the sole beneficiary of his estate. The alleged handwritten document appears to have been executed in 2007, When Coleman passed away, Price and Coleman were already divorced. Generally speaking, when couples are in the process of a divorce, the smart thing to do would be to consult a probate attorney and make arrangements to modify one's will or trust if they have no intent to bequeth assets to their soon to be ex-spouse. In an intereseting twist, Price is now claiming that she and Coleman were in a common law marital relationship, despite being previously officially divorced.

From an Orange County divorce attorney point of view, in California, common law marriages are not recognized. California is a community property State, which means all property acquired by couples during the marriage with community property funds should be subject to an equal division upon divorce.

According to Utah statutes, the law requires that couples "request to have a common-law marriage recognized" during the relationship or within one year after the end of the relationship. It is unclear if Price and Coleman had their purported common law marriage recognized.

If you are contemplating a California divorce, please contact an Orange County divorce attorney for information.

Source: Shannon Price: I was Gary Coleman's Common Law Wife

No Orange County Domestic Violence Charges for Newport Beach City Attorney

June 14, 2010, by David P. Schwarz

Saying the accusations against Newport Beach city attorney David Hunt could not be proved beyond a reasonable doubt, Orange County has opted not to charge the city official with Orange County spousal abuse, according to a recent report in the Orange County Register.

After the announcement was made earlier this month Hunt issued an apology both for the March incident that led to his arrest and for "the difficulties that this situation has caused the City Council." Newport Beach's mayor later announced that Hunt was returning to work.

Hunt was taken into custody in March after his teenage son called police to report an altercation between his parents. During the call the boy indicated that Hunt pushed both his wife and the couple's other teenage son. Hunt was arrested and charged with suspicion of felony spousal battery. After an investigation, however, the Orange County DA's office concluded that Orange County domestic violence charges would not stand up in court. A spokeswoman for the office noted that to get a conviction prosecutors must show the accused "willfully" engaged in violence against another person. "The evidence we got both at the scene and afterward did not support that," the spokeswoman said, according to the Register.

Domestic violence remains a serious problem here in Orange County, and elsewhere in California, and such cases can often be among the most complex matters an Orange County family law attorney can litigate. Because of the seriousness of domestic violence allegations seeking legal help is always prudent - whether you believe you have been the victim of abuse, or the victim of a false accusation. Either situation can have a tremendous and immediate impact on your life, and calls for the advice of an Orange County domestic violence lawyer.

An experienced Newport Beach or Costa Mesa domestic abuse and family law attorney can offer invaluable assistance as you consider your options during what is certain to be a difficult and emotional period for you and your family.


Orange County Register: No spouse abuse charges for city attorney

Orange County Register: City attorney arrested in spousal abuse

Orange County Father's Rights: Paternity Leave leads way to Parental Leave

June 14, 2010, by Winiviere G. Sy

i read an interesting article today about men taking paternity leave. Unfortunately, Sweden seems to be the only Country that follows suit in granting fathers time off once their newborn baby has arrived.

In Sweden, according to reports, 85 percent of Swedish fathers take parental leave. Those who chose not to take "parental leave" face questions from family, friends and colleagues. As other countries still tinker with maternity leave and women's rights, Sweden may be a glimpse of the future. Indeed, in 1974, Sweden became the first Country to replace maternity leave with parental leave. Further, the few men who took parental leave were nicknamed "velvet dads."

Although this story is not direcly related to Orange County divorce or family law, it is an interesting topic into what our future holds for the equality of fathers and mothers alike. Just like when parents are going through a divorce herein Los Angeles or Orange County, the receipient of child support and/or spousal is not gender specific. You would think the recipient is a woman. However, in this day and age, women are slowly becoming an equal breadwinner to a man, it is becoming more prevalant for a woman to pay a man support.

For more information on any family law related matters, please contact an Orange County family law attorney.

Source: In Sweden, the Men can have it all
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Orange County Domestic Violence Charges dropped for Tito Ortiz

June 10, 2010, by Winiviere G. Sy

About a month ago, the Orange County District Attorney's Office decided not to file domestic abuse charges against Tito Ortiz for allegedly physically attacking his live-in girlfriend, Jenna Jameson. It was reported that there was not enough evidence to prosecute a case against Tito Ortiz.

Ortiz was arrested on April 26, 2010 for suspected domestic violence and then taken to the Huntington Beach Police Department after an altercation with Jameson. Ortiz posted bail the same day.

The pair briefly battled in the press over the incident, with Ortiz claiming Jameson is an Oxycontin addict and Jameson calling Ortiz a "wifebeater." The two softened their stance after several days and appeared to be headed toward reconciliation. A temporary restraining order filed against Ortiz recently lapsed, and the two were spotted together on the beach with their twin boys.

Hopefully, Jameson is not falling prey to "Battered Women's Syndrome." Denial is not healthy and will not stop the abuse. Further, its especially not good for the kids!

If you are in need of a restraining order in Orange County or Los Angeles County, contact an Orange County family law attorney for assistance.

Source: No charges filed against Tito Ortiz due to "insufficient corroboration"

Parental Alienation Ruling Sends Mixed Signal

June 9, 2010, by David P. Schwarz

The latest round in the continuing struggle over parental alienation and father's rights is being fought on Long Island, but contains lessons for Orange County parents battling California parental alienation.

According to a report by WCBS-TV, a Long Island judge has sentenced a woman to alternating summer weekends in jail for alienating her two daughters from their father, in the process denying him child visitation rights. On one occasion the mother also falsely accused the father of molesting one of the girls. "Right now, the children want nothing to do with me," Ted Rubin told the New York Post. According to the paper, Rubin's ex-wife Lauren Lippe was found guilty of numerous violations of the couple's joint custody decree.

The victory for this long-suffering father can be taken to heart by other fathers dealing with difficult, sometimes impossible, divorce situations. According to WCBS, Rubin and Lippe divorced in 2003. Rubin says the problems began almost immediately (the couple's girls are now ages 13 and 15), and has reached a point where they now tell him their stepfather, is their "real father".

According to the Post the judge blamed the mother for "deliberately alienating" the girls from their father. One has to ask, however, whether six summer weekends in jail is really going to change this pattern of behavior. News reports indicate that Rubin will take care of the girls while their mother is in prison, but they also create an impression of damage that runs so deep that it can hardly be undone over the course of a few summer weekends.

Here in California, where parental alienation and father's rights were debated by the legislature earlier this year, the New York case can serve as a reminder of the difficulties Orange County fathers can have obtaining justice from the court system. A Southern California father's rights attorney can be one of your most important allies in your fight for justice and the relationship with your children that you want and deserve. The court system can often seem to be stacked against fathers. An Orange County parental alienation lawyer can help you fight the system.


WCBS-TV: Ex-wife gets jail for alienating kids from dad

New York Post: Shrew ruined dream life

Orange County Divorce: Listing a Family Residence for Sale

June 9, 2010, by Winiviere G. Sy

When going through a divorce, it is pretty common for parties to dispose of their assets by listing a family residence for sale. It is especially the case if one party cannot afford the mortgage payments. If that is the case, a buy-out is usually unlikely and the parties must sell the residence.

Indeed, California Family Code Section 2108 provides in pertinent part as follows: "[a]t any time during the proceeding, the court has the authority, on application of a party and for good cause, to order the liquidation of community or quasi-community assets so as to avoid unreasonable market or investment risks, given the relative nature, scope, and extent of the community estate..."

Further, pursuant to In re Marriage of Lee (1976) 63 Cal.App.3d 705, the court held that "the trial court could, with appropriate safeguards, have required one potential community asset be sold to save another such asset." The court further held that: "[n]othing in the Family Law Act would have prevented the trial court from ordering the sale of the claimed community property asset. . . without making any factual determinations beyond the value of the asset to be sold, provided it required security sufficient to protect the objecting spouse."

Such is the case for Orange County's Jesse James and Sandra Bullock. Jesse James has listed his beachfront Orange County property on the market for a whopping $6.75 million. I doubt James is listing the property because he cannot afford the mortgage payments. His pal reportedly told People Magazine that he wanted more privacy, hence, he's listing the pad for sale.

At any rate, if you are contemplating a divorce in Orange County, please contact an Orange County divorce attorney.

Heidi Montag files for California Legal Separation

June 8, 2010, by Winiviere G. Sy

It was reported today that Heidi Montag filed a Petition for legal separation at the Los Angeles Superior Court,.citing irreconcilable differences. I previously blogged the legal ramifications for filing for legal separation here.

TMZ.com incorrectly states that Montag's filing for legal separation is that "[t]he legal significance of legal separation is that her earnings will become her separate property from the date of separation." Although that statement is true, it does not distinguish the big difference between filing for divorce versus separation. When filing for divorce or legal separation, generally speaking, all property acquired after the date of separation is the separate property of the spouse who acquired same so long as they can trace the asset to a separate property source. Most people file for legal separation for medical insurance purposes or residency purposes, just to name a few.

It is also interesting to note that Montag listed the date of the filing, June 8, 2010, as her date of separation. I've read many gossip magazines and internet sites alluding to the fact that Heidi Montag and Spencer Pratt were having marital problems in the past. If that's the case, perhaps June 8 is not an appropriate date of separation. But, that's another issue.

If you are contemplating filing for divorce or legal separation but want to find out more about each option, contact an Orange County divorce attorney for assistance.

Source: TMZ.com Heidi Montag files for Legal Separation from Spencer Pratt

Former NYPD Blue actress, Garcelle Beauvais-Nilon, Files for Divorce from Cheating Husband

June 8, 2010, by Winiviere G. Sy

Truth be told, one of the major reasons why couples divorce is infidelity. Such is the case for former NYPD Blue actress, Garcelle Beauvais-Nilson. Just before their nine-year wedding anniversary, Garcelle Beauvais-Nilon gave her allegedly cheating husband Mike Nilon a special gift: divorce papers.

The actress-model officially filed for divorce on May 10, citing irreconcilable differences. Per court documents, the parties have been separated since April 9, 2010.

But just last week, the mom of two seemed unsure as to how she would proceed with her marriage. "I'm taking it one day at a time, and I'm learning how strong I am," she told E! News when asked how's she dealing. "I don't know...I have kids, so I don't know."

One thing she was certain of: having no regrets about exposing her husband's cheating via an email blast to his CAA coworkers, in which she compared him to Jesse James and Tiger Woods. "I was angry...and no, I don't regret it," she said. Turns out, Mike Nilon was allegedly having a 5-year affair with another woman in Chicago.

Beauvais-Nilson is seeking joint legal and joint physical custody of their 2-year-old twin sons, Jax and Jaid.

If you are contemplating divorce, contact and Orange County divorce attorney to discuss your options.

Source: Garcelle-Beauvais-Nilson Files for Divorce from Cheating Husband

Angela Marie Aiton Pleads Not Guilty to Kidnapping Daughter

June 7, 2010, by Winiviere G. Sy

Sometimes family law matters overlap with criminal law matters. A Huntington Beach woman, Angela Marie Aiton, 34, pleaded not guilty to kidnapping her own daughter in an Orange County court last week.

Angela Marie Aiton was charged with a felony count of child stealing.

Aiton reportedly left a Newport Beach Cheesecake Factory last Friday taking daughter Symphony.The young girl was on a court-ordered visitation with her foster father. Aiton told the foster father she was taking the girl to the restroom and he stated that she never returned. The abduction triggered a Orange County-wide Amber Alert.

Aiton is being held on $500,000 bail, according to court records. She is also being held on a "second strike" allegation related to a conviction for a residential burglary in 2005, according to the Orange County D.A.'s office.

Symphony was ordered taken away from Aiton this past March. Aiton is scheduled to face a judge in about nine days for a preliminary hearing.

If you are facing child custody and visitation issues, abducting a child is not the answer. Indeed, like Aiton, you can face serious criminal charges on top of family law issues. Contact an Orange County family law and criminal law attorney for assistance.

Source: cbs2.com: O.C. Woman, 34, Pleads Not Guilty to Kidnapping Daughter

Elon Musk disputes wife's view of his assets during Southern California divorce

June 5, 2010, by David P. Schwarz

Last month I wrote about Justine Musk and her unusual approach to her pending California divorce from billionaire investor Elon Musk. Justine, a novelist who specializes in supernatural thrillers, had taken to blogging about her settlement negotiations with Elon. As I noted at the time, she was demanding stakes in two of his business ventures as well as $6 million in cash, the couple's house, child support and alimony. There was speculation at the time that her demand for ten percent of Tesla Motors could complicate the company's plans to go public later this year.

The good news for investors is that the company now says the Los Angeles divorce case will not "affect its plans to list its shares," adding, according to the Reuter News Agency, that Tesla "does not rely on (Elon Musk) to provide further funding." The news agency reports that in an SEC filing last week the company stated "we do not believe that Mr. Musk's personal financial situation has any impact on us."

The week's other Musk headline, however, concerns Elon's 'personal financial situation': the billionaire co-founder of PayPal now claims to be having money problems. According to the Silicon Valley Business Journal, Elon Musk recently said "in legal filings that he has been getting by 'on personal loans from friends since October 2009 and spending $200,000 a month while making far less.'" The Business Journal, citing the blog Venturebeat, says Elon contended in a February court filing that has now come to light, that he has "run out of cash."

We can all speculate on how one might find ways to economize on a $200K per month lifestyle - but the divergent pictures of Elon Musk's finances are a reminder of why anyone contemplating an Orange County, Los Angeles County or Southern California divorce needs to spend time talking strategy with an Orange County divorce lawyer. Simply put: Justine Musk still believes her husband to be loaded. He says he is broke. Sorting through claims like these to find the truth and reach a fair settlement is what Orange County family law and divorce attorneys do.

An experienced Orange County or Los Angeles divorce lawyer can walk clients through the procedures necessary to get the information a spouse may be withholding, protecting a client's rights and his or her future.


Reuters: RPT - Tesla says not affected by CEO's divorce dispute

Silicon Valley Business Journal: Tesla CEO gets by with help from friends

Jack Osbourne seeks restraining order against Ex

June 5, 2010, by Winiviere G. Sy

When you break-up with someone, do it amicably. Learn from the lessons of Jack Osbourne's ex-girlfriend. Jack Osbourne sought a restraining order against his ex girlfriend, Niki Cloyd. However, the judge rejected a request that Jack filed in Los Angeles County Superior Court earlier today -- in which he claimed 24-year-old Niki Cloyd "is apparently in a state of unpredictable rage, and I fear that she intends to do further harm to me or to my property."

In the documents, Jack also claims Niki "went through my telephone text messages, my private computer files, and flew into a rage, destroying property in my home."

As TMZ reported, Cloyd was arrested after surveillance cameras appeared to show Niki scratching up the $250,000 car at Jack's Hollywood Hills home.

As for why the judge rejected Jack's protection request -- she stated that there was insufficient evidence for a restraining order ... but offered Jack this piece of advice: "Don't allow her in your home."

There are many grounds to seek a restraining order. The evidence must pinpoint the alleged suspect to the destruction of property and/or attack. From experience, it is much easier to get a restraining order on domestic violence grounds as opposed to one based on the destruction of personal property alone. Perhaps the evidence presented in Jack's case was all circumstantial. Either way, if you are thinking about obtaining a restraining order in Orange County or Los Angeles County, contact an Orange County divorce attorney for help and to discuss your options.

Source: TMZ.com: Jack Osbourne: I Need Protection from that Girl

Mark-Paul Gosselaar (aka Zack Morris) Splits with Wife

June 4, 2010, by Winiviere G. Sy

Another day, another celebrity marriage bites the dust. I grew up watching "Saved By the Bell" and absolutely loved my Saturday mornings with Zack, Slater, Skreetch, Lisa, Jesse and Kelly.

It was reported that after 14 years of marriage and two children Mark-Paul Gosselaar and his wife Lisa Ann Russell have separated.

Gosselaar, 36, and Russell, 38, met on the set of Saved by the Bell when she had a small role. They got married in 1996, and have children Michael Charles, 6, and Ava Lorenn, 4.

No reason for the split was given. But a source close to the couple refuted Internet reports that Russell's behavior was to blame.

"The reports saying that she's out partying aren't true," says the source. "She's a great mom. The two of them couldn't be more hands on with the kids. Their number one focus is definitely their family."

As I have previously blogged on numerous occasions, California is a no fault divorce state, which means anyone can get divorced regardless of fault. Since the couple have two small children, custody and visitation issues will definitely play a role in their divorce. If you are considering divorce in Orange County of Los Angeles County, contact a reputable Orange County divorce attorney determine your rights.

Source: People: Mark-Paul Gosselaar and Wife Split

Mother Unites with Children through Facebook

June 2, 2010, by Winiviere G. Sy

For me, using Facebook is a complete waste of time. You get suckered into stalking other people's walls and viewing profile information, photos, notes, videos, etc. Some of these people I haven't even spoken to in 15+ years. Will I ever see or talk to these people again? I doubt it, with the exception of maybe a few. Hence, its a waste of time.

However, Facebook became a useful tool for one California mother. A California mother, whose children were kidnapped 15 years ago, was reunited with them through Facebook.

The woman said her husband, Faustino Utrera, kidnapped her two children and said she would never see them again.

She said she looked everywhere for them, and she ultimately found out through Facebook that they were in Central Florida.

Police said Utrera disappeared from San Bernardino, California, with his then 3-year-old daughter and 2-year-old son. The mother said she has not seen them since.

In March, the children's mother searched for her daughter on Facebook and found her page. She added her as a friend, and they messaged back and forth.

San Bernardino Deputy District Attorney Kurt Rowley said the mother immediately contacted his office.

"We did some additional investigation until we located Mr. Utrera and the kids in Florida," he said.

Utrera was arrested and the children were placed in the custody of the Department of Children and Families. With the father in jail, custody of the two teenagers was given to their mother.

Carrie Hoeppner, of DCF, said that's where things get complicated.

"There is no relationship there," Hoeppner said. "You don't have that immediate joyful reunification. If in fact that is what will progress, it will take time. These children will have to build a relationship, and that is something that will not happen overnight."

The children will soon be on their way back to California.

If you have any child custody disputes in Southern California, contact an Orange County divorce lawyer.

Source: Facebook Reunites Mom with Kidnapped Kids