November 2010 Archives

California and Texas Divorce Petitions Raise Jurisdiction Questions for Longoria, Parker

November 30, 2010, by David P. Schwarz

Last week, just as the rest of the country was preparing to take a few days off for Thanksgiving, word broke of a divorce filing by a celebrity couple who had seemed to be headed in that direction for some time: Desperate Housewives star Eva Longoria and her husband, the NBA's Tony Parker.

As reported by the Los Angeles Times, Parker filed a divorce petition in Texas (where he plays basketball for the San Antonio Spurs) "two days after she filed for divorce from him in California. As the paper notes differences in divorce law in the two states could have a profound effect both on the speed of the divorce and on the final nature of the couple's settlement.

As Sandra Bullock showed earlier this year, an uncontested divorce can be arranged very quickly in Texas. The Times notes, however, that "Texas has no allowance for alimony" and figures spousal support differently than we do here in California. The celebrity website Monstersandcritics.com quoted a source in Parker's camp to the effect that the NBA star's filing was a protective action after Longoria went to court seeking a Southern California divorce. The site noted that Longoria is seeking spousal support and Parker "doesn't think he has that obligation."

One might ask why in a marriage involving two celebrities both of whom are at the peak of their earning powers either would be thought to owe the other any form of support? But divorce, be it in California or Texas, is rarely that simple. Parker, according to the Spurs website, is 28 and in his 9th year in the NBA. Longoria is 35 and in her 7th season on Desperate Housewives. While they both make a lot of money now it is unlikely either will do so indefinitely. One could even argue that far from asking for support Longoria ought to be paying it on the grounds that she can expect to receive residual checks from Desperate Housewives for years, if not decades, to come while Parker is likely to see little if any basketball income once his playing career ends.

Thorny issues like these are exactly the ones that prompt people to turn to an Orange County divorce lawyer when they need carefully thought-out solutions to complex California divorce, property division, spousal support and child custody questions. Neither jurisdictional questions nor concerns about long-term income are unique to athletes and celebrities. The role of a Los Angeles, San Bernardino or Orange County family law attorney is to help you sort through your options and arrive at a settlement that is just and protects your interests.


Los Angeles Times: Tony Parker files for divorce from Eva Longoria, Texas-style

CNN: Eva Longoria files for divorce from Tony Parker

Monsters & Critics: Eva Longoria to spend Thanksgiving with family and friends

McCourts' California Divorce is Official - But Far From Over

November 27, 2010, by David P. Schwarz

Bloomberg Business news reported this week that the long-running California divorce of Los Angeles Dodgers owner Frank McCourt and his wife Jamie is now official despite the fact that the couple's key property dispute - ownership of the baseball team - remains unresolved.

"Frank and Jamie McCourt's divorce was made official Oct. 26, almost 31 years after they were married, according to a filing in state court in Los Angeles," the news service reports. The report goes on to add, however, that while the Southern California family court judge's ruling has dissolved the couple's marriage, it will be at least December before he decides whether or not the couple's much-disputed postnuptial agreement is or is not valid.

As my colleague Winiviere Sy noted when the case went to trial last September, the 2004 postnup specified that in the event of a divorce Frank McCourt would become sole owner of the Dodgers while Jamie would get the couple's several homes. Jamie contends that, trusting Frank, she signed the document without reading it, and that its one-sidedness renders it invalid (the team is worth much, much more than the houses). Frank's side says the document is valid, and has pointed out that since Jamie is, herself, a lawyer it is hard to believe that she did not know what she was signing.

Earlier this month another Los Angeles judge, acting as a mediator, presented both sides with a proposed settlement, Bloomberg reports. Attorneys for Frank and Jamie are due to submit their responses to that proposal by the end of November in anticipation of a December court hearing.

This latest development in what some observers believe may become the most expensive divorce in Southern California history is a useful reminder of an often overlooked aspect of Los Angeles and Orange County divorce law. It is popularly assumed that the legal dissolution of a marriage and the final settlement of a couple's affairs must happen in tandem, but, as the McCourt case demonstrates, this is not actually the case. This, in turn, highlights the important role your Orange County divorce lawyer can play in offering advice as you consider the best way to proceed with a Southern California divorce. Whether or not to go to trial and whether to move ahead with a divorce decree before outstanding settlement issues are resolved are both crucial decisions that may end up defining the very nature of your California divorce. They are best made only after careful consultation with an experienced Orange County family law attorney.


Bloomberg Businessweek: L.A. Dodgers Owner McCourt is Officially Divorced

Baby Vanessa Custody Ruling Favors Orange County, For Now

November 24, 2010, by David P. Schwarz

There has been a new development in the long-running custody battle over the toddler known as Baby Vanessa. According to MyFoxLA (the website for TV stations KTTV and KCOP), a three judge appeals court panel has ruled the child can stay with her Orange County adoptive mother, at least for the immediate future.

As I have noted in several earlier posts, Stacey Doss of Santa Ana is the only parent the girl has ever known, but discovered shortly after Vanessa's birth that the birth mother lied when she claimed not to know who Vanessa's father was. The father, who had known nothing of the adoption arrangement, learned of Vanessa's birth after-the-fact and has fought ever since to assert his father's rights and reclaim custody of his daughter.

As I've written in earlier posts, there are several complicating factors. First, the case stretches across state lines (Doss lives in Orange County, the birth parents are both from Ohio) and a number of jurisdictional questions remain unresolved. Second, the biological father, Benjamin Mills, has a checkered past with the birth mother, including charges of domestic violence, and does not care for the several children he already has. These children are cared for by Mills' mother - Baby Vanessa's biological grandmother - who (complication #3) has herself asserted a custody claim.

The latest ruling, allowing Vanessa to remain with Ms Doss for the time being, may have little bearing on the final outcome of the case. As MyFoxLA notes, "a trial over custody is scheduled to begin December 6 in Ohio. The (California) appellate judges today doubted they have any authority in those proceedings." Put another way, the latest decision seems focused more on the short term - the potential disruption of moving the child back-and-forth while the case remains unresolved - and does not necessarily set a long-term precedent.

Whether Mills will look at it this way remains to be seen. Since the idea that she is the only parent Vanessa knows lies at the core of Doss' Orange County custody argument, Mills, in asserting his Orange County fathers rights, could be forgiven for believing that every month the child remains with Doss weakens his chances of eventually obtaining justice in this lengthy, complex case.

These sort of complexities are reminders of the reason our legal system is built around the advice of skilled, experienced attorneys. An Orange County child custody lawyer can offer essential advice and guidance to parents facing the often confusing world of our court system. When facing an Orange County father's rights dilemma, the assistance of an Orange County family law attorney is something few can afford to be without.

WHIO.TV: Three-Judge Panel: Baby Vanessa to Stay in California

MyFoxLA.com: Court: OC Woman Can Keep Custody of Foster Daughter - For Now

Kelsey Grammer attemps to conceal purchase of $6.5 million NYC Apartment

November 23, 2010, by Winiviere G. Sy

Amidst the ongoing divorce between Kelsey Grammer and Camille Grammer, it was discovered that Kelsey attempted to conceal the purchase of a $6.5 million New York City apartment. Kelsey bought the apartment to share with his 28-year old girlfriend. Apparently, Kelsey was adamant in not letting anyone know that he bought the property that he made people sign a confidentiality agreement. His ex-wife, Camille, is reportedly "bitter" and distraught over the acquistion and his attempt to conceal the purchase of the property.

Kelsey's conduct is a big "no-no" in the world of family law. In fact, his failure to disclose a material asset has severe consequences. For one, the disclosure of said asset must be set forth on the Schedule of Assets and Debts, whether acquired before or atter separation. Failure to do so could result in a set aside of the final Judgment if later down the line, the other spouse discovers the existence of said omitted asset. Secondly, Kelsey's conduct is a breach of his fiduciary duty to the community. Additionally, the court could impose sanctions and order he pay a portion of Camille's attorney fees and costs due to his bad faith conduct of failng to disclose a material asset. Regardless, the lesson to be learned is to disclose all assets and debts acquired before, during and after marriage.

Contact an Orange County divorce lawyer for more information on how to proceed with a divorce.

Source: Kelsey Grammer Bought $6.5 million NYC Apartment-- And Tried to Keep it a Secret

Divorcing Couple involved in Murder Suicide

November 22, 2010, by Winiviere G. Sy

We all know that the process of divorce can be a stressful process. Whether you are in California or Georgia or any other place in this world. However, at times, divorce is so stressful that it leads to death. In Fort Valley, Georgia, a divoring couple was involved in a murder suicide. It turns out that the husband decided Friday to murder his wife and then kill himself, while an adult daughter was present but not hurt.

James Wallace, 54, shot his wife, Annie Ruth Wallace, 54, twice in the neck and once in the head as she sat in front of her computer at their home in Georgia. Before turning the 9 millimeter pistol on himself, Wallace went to the bedroom where his adult daughter, Charidy Wallace, was laying in bed and he told her to leave the home.

The daughter told authorities that her father told her that "she needed to leave. He couldn't take it anymore,"

The daughter told authorities she was sleeping when she heard what she now realizes were gunshots. She initially dismissed the sounds as she thought it was her mother dropping something. When the father came to the door and saw the pistol in his hand, the daughter realized what had happened. .The daughter left the home immediately, went to a neighbor's home and dialed 911.

Clearly, Wallace has some psychological issues and murder is never the answer. There are ways to cope with divorce such as seeking therapy or consulting with your attorney. Believe it or not, there is light at the end of the tunnel. Divorces do not last forever and will eventually come to end.

For more information on filing a divorce action, contact an Orange County divorce attorney for more information.

Source: Peach sherrif: Couple Murder Suicide in Midst of Divorce

Southern California Custody of Beresford-Redman Children Resolved

November 21, 2010, by David P. Schwarz

Bruce Beresford-Redman's parents were awarded "permanent guardianship" of his two children last week, only days before the TV producer was taken into custody to face possible extradition to Mexico. Authorities there believe the former producer of the TV show "Survivor" he murdered his wife - the childrens' mother - on a vacation there earlier this year. Beresford-Redman has denied those charges and proclaimed his innocence.

As I wrote in an earlier blog, the children, a five-year-old girl and a three-year-old boy, have been living with their paternal grandparents since their mother's death last April. Custody became an issue in May when a Los Angeles court turned down the grandparents' request to restore Beresford-Redman's custody rights. During the same hearing the court also turned down a Southern California child custody request by two aunts on the mother's side of the family.

According to the Los Angeles Times, Beresford-Redman was arrested last Tuesday and is facing extradition to Mexico in connection with his wife's murder. He has denied any involvement in her death. As the website MyFoxLA (which combines the newsgathering resources of two different LA-area television stations, KTTV and KCOP) reports, the Los Angeles child custody dispute over the Beresford-Redman children has moved in tandem with the murder allegations against their father since last spring.

This complex and tragic case serves as a useful reminder of the ways in which Los Angeles and Orange County Child Custody actions can often wind up being tied, directly or indirectly, to non-family law matters. Bruce Beresford-Redman's custody issues are a direct outgrowth of the fact that he may soon be facing murder charges. Reading accounts of the custody dispute is difficult to avoid the conclusion that the unusual nature of the case - a father suspected of involvement in his wife's murder - has led his extended family to divide into separate camps over the seemingly unrelated issue of custody and visitation.

Interrelationships like these are one of the most important reasons why clients should take care in selecting a California family law attorney. Though the law is often an extremely compartmentalized profession, an experienced Orange County custody and visitation lawyer should be sufficiently well-versed in civil and criminal law to advise clients of how these other areas of our legal system may impact their case.


Contactmusic: Beresford-Redman loses custody of his children

Los Angeles Times: TV producer Bruce Beresford Redman arrested in wife's Cancun slaying

MyFoxLA.com: Settlement reached in Beresford-Redman Custody Dispute

Lawrence Taylor Seeks to Reduce his Child Support Payments

November 19, 2010, by Winiviere G. Sy

I previously blogged about the ramifications of failing to pay child support here. Ones failure to pay child support is not something to be taken lightly as the obligor could face jail time.

Former New York Giants linebacker, Lawrence Taylor, is seeking to reduce his child support payments for one of his children. However, he failed to attend the hearing. Lawrence apprently wants to reduce his current $1825 per month child support payment for his 12-year old daughter by $500.

Interestingly, Lawrence has seven children but only has relationships with four of them. He told the mother of the 12-year-old that he would start paying her more child support when his other children get older and are no longer dependent on him. Unfortunately, that "excuse" won't hold up in a court of law. For the most part, child support is based on income and timeshare. The payor does not get a choice to reduce his child support payments just because he's paying support for other children. Don't get me wrong, payment of child support to another child does affect the calcuation of child support but its not the only factor.

Because Lawrence failed to attend the hearing on child support, the Judge issued a bench warrant for his arrest if he fails to show for any future court dates.

For more information on child support or how you can modify your existing child support payment, contact an Orange County child support lawyer for more information.

Source: Lawrence Taylor wants child support cut, skips hearing

Michael Douglas' Ex-Wife Will Not Receive any of his Wall Street Money

November 17, 2010, by Winiviere G. Sy

Michael Douglas' ex-wife, Diandra Douglas, filed a post-judgment lawsuit in Manhattan seeking half of the profits from the Wall Street sequel, Wall Street: Money Never Sleeps. It turns out now that a Manhattan Judge dismissed the lawsuit filed by Diandra because it had no jurisdiction. Indeed, Manhattan Supreme Court Judge Matthew Cooper ruled New York was the wrong State for the case to be litigated since the couple's divorce was finalized in California. The judge dismissed the suit without ruling on the merits.

Diandra's lawyer argued that both parties reside in New York and the hearing should be heard in New York. Diandra's lawyer inends to appeal the decision. Well, evidently, this will not be the last time we hear about this case.

Typically, if a Judgment was finalized in California and one party wants to modify or seek affirmative relief on the terms set forth in the Judgment, it should be brought in California. Otherwise, in this case, there will be problems in applying New York State law to a California Judgment. It will be interesting to see what happens with this case. Additionally, it is not uncommon to have a case heard in the State where both parties reside (in the case, New York), but that the presiding Judge apply California law. I guess only time will tell.

For more information on modifying a divorce Judgment, contact an Orange County divorce lawyer for more information.

Source: Michael Douglas' Ex-Wife Won't Get His Wall Street Money (for now)

Mel Gibson Child Custody Case Goes Before California Family Court Judge

November 15, 2010, by David P. Schwarz

Media reports concerning last week's Southern California family law hearing involving Mel Gibson and his ex-girlfriend, Oksana Grigorieva, indicate that some of the couple's issues have been resolved by the judge hearing the case but the most contentious items are not among them.

According to a report on People magazine's website, the judge ruled against Gibson on an accounting question related to the support payments he makes to Grigorieva. As this blog has noted in the past, Gibson has been ordered to pay Grigorieva $20,000 per month. Recently, however, he has withheld those funds while seeking to determine whether the $6000 he pays each month for the home in which she lives counted toward that sum. According to People the judge ruled that it does not and ordered him to come up with the $60,000 that is currently in arrears.

According to CNN the judge, however, did not make a decision on the difficult issue of visitation rights for the couple's one-year-old daughter. Grigorieva wants to terminate Gibson's rights to overnight visits with his daughter. The couple are due in court again on November 22, though, according to People, a decision on the custody and visitation issues is not expected until early next year.

Another area in which Gibson appears to have suffered a setback was the judge's refusal to issue a gag order to prevent Grigorieva and her attorneys from discussing the case with the media. The request, however, spotlights one of the key aspects of the case: its notoriety. Any Los Angeles or Orange County divorce or custody proceeding involving a movie star is bound to be fodder for the celebrity press. One might ask whether Gibson (who has lived in the spotlight for many years) seriously believes that a gag order would make coverage of his case go away? A gag order applied to Grigorieva and her attorneys won't quiet the media, so exactly what purpose would it serve?

There may, of course, be broader questions at issue that a gag order would address. The fact that Gibson is also facing possible domestic violence charges even as his request for overnight visitation rights comes before the court is likely to have been a significant factor in his attorneys' decision to seek the gag order. Assessing whether such questions raise an issue worth slowing down the proceedings is exactly the sort of issue that a Los Angeles or Orange County family law attorney is best positioned to help clients address. Every California divorce, child custody or visitation proceeding is unique. That fact makes experienced professional representation all the more important at every step of the process.


People Magazine: Mel Gibson, Oksana Grigorieva argue child support and visitation in family court

CNN: Mel Gibson and Oksana Grigorieva face off in court

Moores' Southern California Divorce Case Shows That You Can't Play With the Courts

November 11, 2010, by David P. Schwarz

Southern California's other baseball-focused divorce case returned to the headlines last week. Amid LA's fixation on the high profile break-up of Dodgers owner Frank McCourt and his wife Jamie, many readers may have forgotten about the similar, if somewhat lower-decibel, drama playing out south of us in San Diego.

The San Diego case revolves around Padres owner John Moores and his wife of 47 years, Becky. Unlike the McCourts, the Moores have worked hard to keep their California divorce out of the public eye. The Moores case, however, has loomed over LA and the McCourts for one simple reason: the still-pending divorce appears to have been the driving force behind John Moores' decision to sell his baseball team - an outcome that has led many a Dodgers fan to wonder if LA is headed for a similar fate.

The latest legal lesson to emerge from the San Diego case, however, has nothing to do with baseball. Instead it concerns how a couple in the midst of a San Diego, Los Angeles or Orange County divorce ought to deal with the court system. As the San Diego Union-Tribune reports, the Moores' appear to have fallen foul of the judge assigned to oversee their case. Back in March the judge called off a public trial when the publicity-shy couple reported that they had reached a Southern California divorce settlement. Eight months, and four scrubbed court dates later, however, the judge still has not seen this settlement. As the Union-Tribune notes, each hearing scheduled to review and finalize the settlement has been cancelled when lawyers for the couple suddenly announced they needed more time to complete the paperwork. Now, the judge has issued an ultimatum: produce the long-delayed final settlement or prepare for a public trial.

Perhaps this shouldn't really be a surprise. Though the Moores' have been claiming since last spring that things between them are more-or-less settled, the paper notes that "several disagreements over access to witnesses and assets have complicated a case that was already so complex that it required the hiring of forensic accountants." Add to that the fact that the judge, last year, "threatened to hire an expensive referee to deal with [the Moores'] disagreements" and we can speculate, in retrospect, that matters may not have been as settled last March as the Moores' wanted the public, or the judge, to believe.

Managing the technicalities of the legal process is one of the most important services an Orange County divorce attorney can offer clients. Dragging a case out may sometimes seem attractive to a client, but it is always important to consider the broader picture - including the attitude the courts or a particular judge may take toward repeated cancellations or postponements of court dates. Clients often think of divorce lawyers mainly in terms of personal representation during adversarial proceedings - but this detailed knowledge of the court system and the advice an Orange County divorce attorney can offer on the best ways to manage your interaction with the court system itself should be a key consideration in choosing an experienced Orange County family law attorney.


San Diego Union-Tribune: Moores divorce could be headed back to trial

San Diego Union-Tribune: John and Becky Moores reach divorce settlement

Los Angeles County Post-Judgment Dispute over Child Custody and Visitation

November 11, 2010, by Winiviere G. Sy

Halloween just passed and before you know it, Thanksgiving will be right around the corner, followed by Christmas then New Years. The last few months of 2010 will go by so quickly.

As the holidays approach, we family law attorneys have to be prepared for the onslaught of numerous child custody and visitation issues that will without a doubt be brought up this season. If your final divorce judgment does not itemize who will get the children for the holidays, sadly, you must follow through with the regular parenting plan. If a specific holiday schedule is not set forth in your Judgment, unless your spouse is cordial and willing to work with you, you will likely not be able to get custody of the children during the holidays. According to TMZ, this is the exact scenario plaguing Teri Hatcher and her ex-husband. Apparently, a court must decide who will spend time with their young daughter for this year's Thanksgiving and Christmas.

Normally, the holidays are alternated each year with each parent. So, if this year Mom has custody of the children for Thanksgiving, Dad will likely get Christmas day. The arrangement is reversed the following year. Be prepared this holiday season and make sure your Judgment specifically indicates which parent will spend what holiday with the children. If your Judgment does not indicate such, contact an Orange County or Los Angeles divorce attorney immediately. We can help you in any child custody or visitation issue you may have.

Source: Teri Hatcher's Never-ending Divorce

Are Disability Payments Separate Property or Community Property?

November 10, 2010, by Winiviere G. Sy

An issue that arises in an Orange County or Los Angeles County divorce proceeding concerns the disposition of disability payments. Generally, if disability payments are received and not deferred compensation after the date of separation, they are the separate property of the disabled spouse. Marriage of Flockhart (1981) 119 CA3d 240.

However, many times disability payments are elected in lieu of retirement benefits. In that case, to the extent the payments are earned by virtue of employment during marriage and before separation, the payments are community property. In this situation, payments that are compensation for disability are the disabled spouse's separate property to the extent that they exceed what would have been received as retirement benefits. The remainder would be characterized as community property to the extent it would have been community property if received as retirement benefits. Marriage of Stenquist (1978) 21 C3d 779.

Obviously, the parties will each need to analyze the disposition of the disability payments before any final characterization is made. For more information on filing an Orange County divorce or if you have questions on how your disability payments should be allocated, contact and Orange County divorce attorney for more information.

Heidi Montag and Spencer Pratt fake their divorce

November 8, 2010, by Winiviere G. Sy

I can't say this its a surprise that Heidi Montag and Spencer Pratt faked their divorce simply for publicity. In a paid interview with Life and Style Magazine, Heidi and Spencer admitted that the "divorce" was all a part of their plan. The couple admit that they faked their divorce in an effort to save Heidi's career. In the interview, Spencer stated that everyone hated him, so the divorce was done to save Heidi from going down with him. The couple said that they continued to stay together, just out of the public eye.

The couple also said that the reconciliation in Costa Rica was also planned out. The entire charade was nothing but a calculated farse.

Life and Style Magazine paid the couple to come clean, but it was pretty much common knowledge as to what these two were up to most of the time. They are just "fame-whores" who will do anything for publicity.

Just last week, Heidi and Spencer also admitted that they are broke and had to file bankruptcy. Doesn't surprise me.

Obviously, in real life, filing for divorce is not something people should take lightly. Many couples struggle with issues and divorce is the only way out of the relationship. Many times, couples will undergo therapy and decide to give their relationship another shot. In that case, if the couple files for divorce and later decide to reconcile, filing a Request for Dismissal of the initial divorce petition is a way to wipe out the divorce.

At any rate, filing an Orange County or Los Angeles County divorce should not be something to take lightly. For more information on filing for divorce in Los Angeles or Orange County, contact an Orange County divorce lawyer.

Source: Heidi and Spencer fake divorce was modeled after Sandra Bullock!

Dueling Divorce Petitions Filed by Charlie Sheen and Brooke Mueller

November 7, 2010, by David P. Schwarz

Charlie Sheen and his estranged wife Brooke Mueller filed competing Los Angeles divorce petitions last week, according to a report in People magazine. The latest act in what has become a bit of a California family law soap opera raises questions about the status of the document the couple signed last summer. At the time, that document was widely described as a "divorce settlement," but if last week's reports concerning the petitions signed and filed by Sheen and Meuller are correct it is clear that matters between the couple are far from 'settled'.

People reports that Southern California child custody remains a significant sticking point between the two. Sheen, has requested "joint physical and legal custody" of the couple's 18-month-old twin boys. Mueller is seeking primary physical custody with only visitation rights for Sheen. According to CNN the boys have been living solely with their father since Christmas of last year, when a fight in an Aspen, Colorado hotel room landed Sheen in jail on domestic violence charges after Mueller claimed he threatened to kill her. According to CNN the felony assault charges "were reduced to a misdemeanor third-degree assault count in exchange for his guilty plea in August." Under that plea agreement the time Sheen later spent in a California rehab center was counted as his sentence on the Colorado conviction.

Even though Sheen and Mueller appear to have reached terms for a California divorce settlement back in June these latest developments indicate that the terms of their break-up are far from settled. The fact that they waited nearly five months after signing last summer's settlement before moving the case forward, and then wound up filing competing Los Angeles divorce petitions requesting significantly different child custody arrangements, indicates that a long, and potentially contentious, Southern California divorce proceeding may lie ahead of them. It is fair to ask whether the case will now be more difficult for both Sheen and Mueller because of their decision to wait so long before moving forward.

It is a basic principle of divorce law that nothing is final until a court issues a decree. This is something Los Angeles and Orange County divorce clients must always keep in mind while working with their divorce lawyer to craft a settlement. It can also be an important consideration in deciding when and how to move forward in LA or Orange County divorce court.

One of the most important services an experienced Los Angeles or Orange County divorce attorney can offer clients is advice on these and other nuanced aspects of California family law. Every couple's situation is unique. That, ultimately, is why skilled professional legal representation is so important.


CNN.com: Charlie Sheen makes it official - he files for divorce

People: Charlie Sheen Divorcing Brooke Mueller, Source says

Prenuptual Agreements are not just for the Wealthy

November 5, 2010, by Winiviere G. Sy

When couples are planning to get married, the last thing on their minds is whether they should sign a prenuptual agreement. Some people think that asking their fiance to sign a prenuptual agreement is not romantic. However, in this day and age, are prenuptual agreements considered the engagement ring for the 21st century? Would you rather be safe than sorry? Afterall, a prenputual agreement protects your assets in the event of a divorce-- whether you are rich or not.

In a recent article, 73% of attorneys cited there was an increase in prenuptual agreements. Further, more and more women are the ones initiating the prenuptual agreements. Women are becoming smarter, making a career for themselves and want to protect their assets.

Additionally, people who opt to enter into a prenuptual agreement are not necessarily high earning individuals. One attorney drew up a prenuptual agreement for someone earning only $40,000 per year. Given the current bad economic state we are experiencing, more and more people want to protect what they have. Some have lost money in the stock market and this recession and they want to hold on to what they have left.

So, if you are contemplating marriage, you may want to consider entering into a prenuptual agreement. A prenuptual agreement will protect your assets upon a divorce.
Contact an Orange County divorce attorney for more information.

Source: More Couples Saying "I do" to prenuptual agreements

Billy Ray Cyrus Divorce Highlights Complications Some Couples Can Encounter

November 3, 2010, by David P. Schwarz

Late last week word broke in the celebrity press of the impending divorce of Miley Cyrus' parents: country music star Billy Ray Cyrus and his wife Tish. The details, in some ways, were standard celebrity divorce fare: legal papers citing "irreconcilable differences", a report that Billy Ray is seeking joint custody of Miley and her two minor siblings, statements issued through publicists acknowledging that this is a difficult time for the family and asking for public understanding.

Buried in all of this, however, was an interesting detail: the divorce papers were filed in Tennessee. How is that possible? As any quick search of the universe of Miley Cyrus-obsessed websites will tell you, the Cyrus family lives in a mansion in North Hollywood. Wouldn't that make the parents California residents and, therefore, subject to a California divorce?

The idea of a California couple filing for divorce in another state - especially when the couple are celebrities seeking to avoid public scrutiny - is not unprecedented. As I noted last spring, Orange County residents Sandra Bullock and Jesse James filed their divorce papers in Austin, Texas.

Moving to a less prominent jurisdiction may or may not make matters easier, however. As with so many other things concerning California divorce, every couple - and every couple's situation - is different. In the case of the Cyrus', for example, there is not only the question of using Tennessee as a venue while the family lives in California, there is also the fact that the family's main breadwinner - Miley - is a minor, for whom Tish functions as manager. The potential here for complicating discussions over child custory is obvious.

While Orange County divorce cases presenting this level of potential complexity are relatively rare they do highlight the importance of having experienced legal counsel in your corner at every stage of the divorce process. An experienced Orange County divorce attorney can be your most important ally in sorting through these and other complex legal matters.


Contactmusic: Miley's Mum and Dad to Divorce

Monsters and Critics: Miley Cyrus: Parents 'file for divorce'

Monsters and Critics: Billy Ray Cyrus seeks joint access to kids

Los Angeles County Child Custody Issue involving Roseanne Barr

November 3, 2010, by Winiviere G. Sy

When you enter into a settlement agreement with your spouse, its best to honor it. According to TMZ, Roseanne Barr and her ex-husband, Ben Thomas, entered into an agreement wherein Roseanne promised to fly her husband to Hawaii every month for ten days to visit their child.

Reportedly, Roseanne wanted to relocate to Hawaii with their 15 year old son. Ben agreed to Roseanne's request for a move-away in exchange that she fly him out and his new wife out to Hawaii for ten days every month to visit their son. It now turns out that Roseanne refuses to abide by the agreement. Roseanne allegedly told Ben that if he wants to visit their son, that he will need to buy his own plane ticket and visit their son.

Now, Ben wants a Los Angeles County court to enforce the order and reimburse him for the fees incurred from his most recent trip to Hawaii.

Legally speaking, Roseanne was lucky to be able to get an agreement from Ben to relocate to Hawaii. Move-away orders are notoriously very litigious and couples send thousands of dollars in attorney fees fighting for them. Given that Roseanne reportedly earns $300,000 per month, it was likely not a big deal for her to agree to pay for her ex-husband to fly out to Hawaii to visit their son.

It will be interesting to see what reason Roseanne has for entering into the agreement in the first place. If she was not comfortable with the agreement to begin with, why sign off on it? At any rate, these issues involving Los Angeles County or Orange County child custody and visitation issues can get litigious. An Orange County child custody lawyer can assist you in any divorce, child custody or visitation matter you may have.

Source: TMZ: Roseanne's Ex: She Made me Pay for Costco!

Slash calls off Los Angeles County Divorce

November 1, 2010, by Winiviere G. Sy

The good aspect of filing for divorce is filing a request for dismissal. We all know that divorce is never easy. It's stressful, expensive, time-consuming, just to name a few. However, once someone files for divorce and then reconciles with their spouse, that is a sign that there is potential in their relationship. This is just the case for Guns N Roses band member, Slash. Today, it was reported that Slash filed a Request for Dismissal dismissing his divorce petition. TMZ reported that when Slash filed for divorce two months ago, it was pretty nasty. However, its good to hear that Slash and his wife have come to terms with their issues and are willing to make their marriage work.

Going through a Los Angeles County or Orange County divorce is difficult. If the parties can work out their differences amongst themselves, through therapy or counseling, its worth a try. If you are contemplating a divorce and know that your marriage cannot be saved, contact an Orange County divorce lawyer for more information.

Source: Slash to Mrs. Slash: Divorce was a Stupid Idea