February 2011 Archives

Newly Released Legal Documents Put Steve Harvey's Divorce in a Better Light

February 25, 2011, by David P. Schwarz

At the time of his divorce comedian and game show host Steve Harvey was widely portrayed as the Bad Guy. Now, according to E! Online, newly released legal documents appear to paint a somewhat different picture. The story is a cautionary tale for couples going through an Orange County divorce: a reminder of the degree to which a seemingly closed case can return to make one's life difficult.

Harvey and his wife second Mary divorced in Texas in 2005 after ten years of marriage. Last month - more than a half-decade later - she took to YouTube with what E! calls a "lengthy, vitriolic" rant alleging that he cheated on her, alienated their son and left her broke and homeless. The entertainment magazine/website reports that Harvey, to his credit, refused to respond in kind, and instead went back to court seeking the temporary suspension of a gag order imposed on both sides as one condition of the couple's settlement.

The verdict is that if Mary is now destitute she clearly has no one but herself to blame. The papers document four years of support at the level of $40,000 per month, followed by a one-time lump sum payment by Harvey of $1.5 million. As for being homeless, she received three (yes, three) of the couple's homes under the terms of the agreement.

Settlement papers, of course, do not render a similarly definitive verdict on accusations of infidelity or parental alienation, but E! notes that Harvey denies both charges. He has primary custody of the couple's 13-year old son and also has three children from his first marriage, E! reports.

Harvey's obviously painful, very public, post-divorce odyssey is a reminder of the important role your divorce attorney, here in Orange County or anywhere else, long after a case, and a marriage, seem to be over. Ex-spouses sometimes return with new demands (or, like Michael Douglas' ex, Diandra, novel twists on old ones), or seek to have old issues reopened in light of changed economic circumstances. An Orange County divorce attorney's help does not stop once your case is concluded. A good lawyer will always be there to help defend a client if a bitter ex-spouse seeks to re-litigate a California divorce settlement after the fact.


E! Online: Steve Harvey Not Such a Wife-Ruining Jerk, After All

Rose McGowan Obtains Los Angeles County Restraining Order

February 25, 2011, by Winiviere G. Sy

Yesterday, a Los Angeles Superior Court Judge granted actress, Rose McGowan, a temporary restraining order against a man she claims was harassing her and her employees. This man, Luis Santo III, repeatedly called McGowan's office and her agent insisting that he was in love with the actress despite the fact that the actress has never met this man.

Additionally, Santo apparently threatened McGowan's employees when they would not allow him to speak to the actress.

The temporary restraining order prohibits Santo from harassing, contacting or communicating with McGowan. Additionally, Santo must stay at least 200 yards away from McGowan. A hearing to determine whether the restraining order should become a permanent one is set for hearing on March 11.

From an Orange County divorce lawyer perspective, clearly, restraining orders are not limited to spouses (or ex-spouses). Anyone can petition the court for a restraining order if they feel their life is in danger and they need protection. Another alternative to filing a restraining order would be a Civil Harassment order.

Restraining orders can have a damaging effect to one's history. From an Orange County family law lawyer's point of view, hypothetically speaking, if a Wife seeks a domestic violence restraining order from an unemployed Husband and succeeds, the Husband will likely have a tough time finding a future job. Obviously, prospective employers will want to know if there are any lawsuits pending. Once the Husband admits "yes", employers will definitely scrutinize his credibility and character.

Indeed, we have seen this scenario come up in many cases. Luckily, in a most recent Orange County domestic violence restraining order case that we just finalized, the Husband was able to have his falsely filed domestic violence temporary restraining order sealed and removed from the entire Orange County Superior Court docket system. Needless to say, Husband was very satisfied.

If you are in need of a restraining order or wish to have a reputable Orange County Domestic Violence attorney defend you, do not hesitate to contact an Orange County divorce attorney for assistance.

Source: Rose McGowan Wins Restraining Order

California Divorce Reportedly Finalized for Christina Aguilera

February 22, 2011, by David P. Schwarz

When last we left the soon-to-be-California-divorced Christina Aguilera and her husband Jordan Bratman they were feuding over his refusal to move out of their home (see this December post by my colleague, Winiviere Sy). Now, according to the celebrity press, the couple have finalized their California divorce settlement.

Under California law a divorce cannot be final until at least six months have elapsed since the initial filing of court papers. Thus, according to E! Online, the Aguilera-Bratman divorce is now set to become official on April 15. The website writes that the couple "have reportedly reached financial and custody agreements that will presumably make the next couple of months of their "marriage" go down easier."

The site reports that the couple, who have been married a bit over five years, have agreed to a Southern California child custody arrangement under which they will share custody of Max, their son, who is three. A statement from Bratman did not elaborate on financial arrangements, but said that money issues have been "resolved by signed agreement." That would at least imply that non-financial issues - such as who gets the house - have been settled as well.

The negotiation of California divorce settlements and child custody arrangements can be difficult in the best of circumstances. That fact alone makes the choice of a divorce lawyer in Orange County, Los Angeles, San Bernardino or elsewhere in Southern California a particularly crucial step. While it is possible for couples to negotiate financial, custody and support issues by themselves it is rarely advisable. An experienced Orange County divorce lawyer can be an essential partner and advisor, ensuring that whatever you eventually agree to is fair and protects your rights.


Fanbolt.com: Christina Aguilera and Jordan Bratman Finalze Divorce

E! Online: Christina Aguilera Settles Divorce Drama

Los Angeles County Divorce for Ashlee Simpson-Wentz and Pete Wentz

February 21, 2011, by Winiviere G. Sy

Another day, another celebrity divorce. It was reported last week that the younger sister of Jessica Simpson, Ashlee Simpson-Wentz is divorcing her husband, Fall Out Boy member, Pete Wentz. The couple have a 2 year old son, Bronx. Sources close to the couple claim that the break-up is amicable and both parents main priority is their toddler son.

Insiders have also stated that the two simply grew apart, causing the rift in their relationship. However, TMZ reports that Ashlee really wanted out of the marriage due to Pete's "erratic" behavior.

One thing is for sure is that both Ashlee and Pete will have to learn how to co-parent and raise their child together. This is why hiring an Orange County or Los Angeles County child custody and visitation attorney is imperative if you are ever involved in a contentious divorce proceeding.

Additionally, property issues will also have to be settled or litigated, especially if the parties acquired a large community property estate during the marriage.

It is presently unknown if these two had a prenuptual agreement. It would be a good idea to have one especially if someone is entering the marriage with large assets.

We cannot stress the importance of hiring an Orange County or Los Angeles County divorce attorney should you find yourself in a litigious and contentious divorce.

Source: Ashlee Simpson and Pete Wentz: Details Behind the Divorce

Southern California Divorce is #3 for Tony Hawk

February 19, 2011, by David P. Schwarz

Tony Hawk, the man who more-or-less created professional skateboarding, announced last week that he has filed for a Southern California divorce from his third wife, Lhotse Merriam. According to the Los Angeles Times for couple filed divorce papers in the San Diego area after five years of marriage.

Hawk and Merriam have one child, a two-year-old daughter. Hawk also has three other children from his previous marriages one of whom, the Times notes, has followed him into the world of professional skateboarding.

In a statement, the couple called the decision to break up "difficult," expressed concern for, and continued commitment to, their daughter and asked the media to respect the family's privacy, the Times notes.

Media reports of the imminent Southern California divorce have made no mention of whether the couple have a prenuptial agreement. The existence or nonexistence of a prenup could have a huge bearing on whatever final settlement Hawk and Merriam eventually reach. Assuming, for the sake of argument, that there is no prenup, California's community property law would entitle Merriam to half of everything Hawk has earned during the couple's marriage. Though Hawk is largely retired from competitive skateboarding he remains the sport's most visible face, commanding large appearance fees and lending his name to a popular skateboarding-themed video game. Merriam may also be entitled to spousal support and, should she win custody of the couple's daughter, child support.

Any Los Angeles, San Bernardino, San Diego or Orange County divorce is likely to be complex. When the family's main breadwinner brings with him obligations to a former spouse and children from a previous marriage the details can become even more difficult. An Orange County divorce attorney can help clients examine their situations carefully with the goal of meeting the law's requirements while ensuring a genuinely equitable outcome.


Los Angeles Times: Tony Hawk Files for Divorce from Third Wife, Lhotse Merriam

People: Tony Hawk Files for Divorce

Halle Berry's Los Angeles County Child Custody Dispute has Been Dismissed

February 17, 2011, by Winiviere G. Sy

I previous discussed the child custody battle that was started by Halle Berry's ex-boyfriend, Gabriel Aubry here. Various media outlets reported that Berry appeared in court yesterday for a request to be able to take their daughter to New York so that Berry could film a role in an upcoming movie, New Years Eve. Earlier, Berry had dropped out of the leading role so that she could take care of her custody dispute here in Los Angeles. Berry was subsequently replaced by Katherine Heigl. Now, it appears that Berry will be able to rejoin the case in a smaller role playing a nurse.

Additionally, Berry received another victory in her Los Angeles County paternity matter when the Judge dismissed the petition for custody and support. The dimissal was reportedly at Aubry's request. Regardless, it is good to hear that these two have settled their differences. It is not clear what type of parenting plan or custody schedule has been agreed to as all records in paternity matters are confidential. Regardless, Orange County or Los Angeles County child custody disputes are often times grueling and difficult on everyone involved.

As and for a Los Angeles child support resolution, it is not clear whether the parties reached an agreement for child support. In any Orange County or Los Angeles County paternity matter, issues relating to child custody and child support are often times handled simultaneously.

We stress the importance of hiring an Orange County child custody attorney should you experience any problems relating to child custody, visitation or child support.

Source: Judge suspends Halle Berry's Child Custody Fight Halle Berry Rejoins New Years Eve Cast

Southern California Divorce Rejected for Parker and Longoria - Couple Reportedly Opt for Texas Instead

February 15, 2011, by David P. Schwarz

The jurisdictional questions I wrote about late last year that were threatening to complicate the California divorce of "Desperate Housewives" star Eva Longoria and her NBA-player husband Tony Parker appear to have been resolved. According to the New York Daily News. As I noted in November the couple originally filed dueling divorce petitions - he in Texas and she in California.

Now, the newspaper reports, they have not only settled on Texas with Longoria reportedly withdrawing her California divorce petition, but their split has already been finalized by a Texas court.

When the couple's break-up was first announced there were a number of indications that it was likely to be complex, lengthy and acrimonious - not least of which were the offsetting divorce petitions in two states: California (presumably, because that is where Longoria lives and works as an actress) and Texas (where Parker plays for the NBA'a San Antonio Spurs). The Daily News reports that the couple, in the end, opted for Texas because they had originally "finalized their prenuptial agreement" there.

Within weeks, however, the couple were spotted dining and going out in public on more than one occasion. In retrospect it appears either that fears of an acrimonious divorce were overblown or that the couple managed a limited reconciliation as the divorce process moved forward.

Moving beyond the initial hard feelings often associated with a Los Angeles or Orange County divorce can be difficult. Relying on the support and advice of an experienced Orange County divorce attorney can help you see your situation in a broader context. That, in turn, may make the difficult decisions associated with any California divorce a bit easier to make.


New York Daily News: Eva Longoria, Tony Parker divorce finalized in Texas after actress drops her California petition

Details of Charlie Sheen's Divorce from Brooke Mueller

February 15, 2011, by Winiviere G. Sy

Looks like Charlie Sheen and Brooke Mueller's divorce has been finalized. Here are the details surrounding their divorce:

- Charlie will pay Brooke $55,000 per month in child support (he reportedly pays the same amount to ex-wife, Denise Richards);
- Brooke will receive half of the residuals and royalties from Getty Images Baby Photos, a 2009 Mercedes S600, a lump sum of $757,689.70 and about $1.2 million for her share of their community property home, which Charlie will keep;
- The couple will maintain joint legal custody of the twins. Mueller will receive physical custody with Charlie receiving visitation.

From an Orange County divorce lawyer's point of view, it is never easy to go through a divorce. When children are involved, both parents have to resolve issues relating to child custody and visitation. Sometimes, custody issues can become litigious, forcing the parties to undergo an Evidence Code Section 730 evaluation or even the appointment of a Minor's Counsel may be necessary. Luckily for these two, they were able to work out their custody issues.

With respect to Orange County child support issues, payment of child support is based on a California computer program called the Dissomaster. Basically, its based on income of both parties, timeshare of the non-custodial parent, whether any party has any deductible expenses etc.

It is not clear if the $757,000 payout to Brooke is inclusive of a buy-out of spousal support. But considering these two were only married for a short time, Charlie's spousal support payments to Brooke would only be for a duration of one-half of the length of the marriage.

There can be a lot of issues to resolve in any Orange County or Los Angeles County divorce case. This is why it is important to hire a reputable and respected Orange County divorce lawyer.

Source: Charlie Sheen to pay Brooke Mueller $55,000 per month in Child Support

Orange County Divorce for Older Couples

February 11, 2011, by David P. Schwarz

A fascinating column published recently on the Reuter News Agency's "Prism Money" blog examined issues we sometimes do not think about when contemplating Orange County divorce. In the popular imagination, break-ups are the province of couples married for two, five, 10 or 12 years. Of course, we all know this is not true. An Orange County divorce attorney sees clients in every conceivable stage of a marriage, and most of us know of at least one couple married for decades who decide to call it quits at a time when others are picking out retirement properties (Al and Tipper Gore, for example).

As the Reuters piece highlights, the issues faced by a couple who have been married for decades are often fundamentally different from those where both spouses are in the prime of their working lives.

According to the article, more older couples are signing settlements that forego alimony or spousal support in favor of a single division of assets, generally including a lump sum payment. Some women, the author notes, are "foregoing alimony in order to front-load money in case their ex-spouse can't come up with the payments down the line." It is an interesting concept - though, as the article notes, one fraught with potential pitfalls that make it something one should not venture into lightly. It is also worth mentioning that while the article offers some fascinating stories it does not back them up with any hard data.

The article also notes that what it calls "the non-alimony route" remains unusual here in California. It is also worth remembering, of course, that either party to a California divorce can go back to court at a later date to argue for a modification based on changed circumstances.

Not surprisingly, the bottom line is that every divorce is different. Here in Orange County it is important to have an attorney on your side whose local knowledge can provide you with an edge when negotiating the terms of your Southern California divorce. For older divorcees, those who will be living directly off the terms of their settlement now or in the immediate future, such assistance can be even more important if the goal is to achieve a resolution that is both fair and livable.


Reuters: Gray Divorce: The question of alimony

Kelsey Grammer granted status-only Divorce in Los Angeles County Court

February 11, 2011, by Winiviere G. Sy

Kelsey Grammer is now a single man and is free to marry his next trophy wife. Yesterday, Los Angeles Superior Court Judge Maren Nelson signed a Judgment granting Kelsey Grammer a status only divorce. Camille and Kelsey Grammer will resolve the reamining issues of their divorce, such as custody, support and property division, at a later date.

From an Orange County divorce lawyer perspective, many couples opt to bifurcate their marital status in hopes of remarrying immediately thereafter (like Kelsey) or simply because they do not want the emotional ties to their soon to be ex-spouse. It just gets one issue out of the way. However, there are a few caveats for the party requesting a bifurcation of marital status. For one, the requesting party must have exchanged his or her Preliminary Declaration of Disclosure with the other party. Additionally, the requesting party must agree to uphold several factors set forth in California Family Code Section 2337.

California Family Code Section 2337 states as follows:

2337. (a) In a proceeding for dissolution of marriage, the court,
upon noticed motion, may sever and grant an early and separate trial
on the issue of the dissolution of the status of the marriage apart
from other issues.
(b) A preliminary declaration of disclosure with a completed
schedule of assets and debts shall be served on the nonmoving party
with the noticed motion unless it has been served previously, or
unless the parties stipulate in writing to defer service of the
preliminary declaration of disclosure until a later time.
(c) The court may impose upon a party any of the following
conditions on granting a severance of the issue of the dissolution of
the status of the marriage, and in case of that party's death, an
order of any of the following conditions continues to be binding upon
that party's estate:
(1) The party shall indemnify and hold the other party harmless
from any taxes, reassessments, interest, and penalties payable by the
other party in connection with the division of the community estate
that would not have been payable if the parties were still married at
the time the division was made.
(2) Until judgment has been entered on all remaining issues and
has become final, the party shall maintain all existing health and
medical insurance coverage for the other party and any minor children
as named dependents, so long as the party is eligible to do so. If
at any time during this period the party is not eligible to maintain
that coverage, the party shall, at the party's sole expense, provide
and maintain health and medical insurance coverage that is comparable
to the existing health and medical insurance coverage to the extent
it is available. To the extent that coverage is not available, the
party shall be responsible to pay, and shall demonstrate to the court'
s satisfaction the ability to pay, for the health and medical care
for the other party and the minor children, to the extent that care
would have been covered by the existing insurance coverage but for
the dissolution of marital status, and shall otherwise indemnify and
hold the other party harmless from any adverse consequences resulting
from the loss or reduction of the existing coverage. For purposes of
this subdivision, "health and medical insurance coverage" includes
any coverage for which the parties are eligible under any group or
individual health or other medical plan, fund, policy, or program.
(3) Until judgment has been entered on all remaining issues and
has become final, the party shall indemnify and hold the other party
harmless from any adverse consequences to the other party if the
bifurcation results in a termination of the other party's right to a
probate homestead in the residence in which the other party resides
at the time the severance is granted.
(4) Until judgment has been entered on all remaining issues and
has become final, the party shall indemnify and hold the other party
harmless from any adverse consequences to the other party if the
bifurcation results in the loss of the rights of the other party to a
probate family allowance as the surviving spouse of the party.
(5) Until judgment has been entered on all remaining issues and
has become final, the party shall indemnify and hold the other party
harmless from any adverse consequences to the other party if the
bifurcation results in the loss of the other party's rights with
respect to any retirement, survivor, or deferred compensation
benefits under any plan, fund, or arrangement, or to any elections or
options associated therewith, to the extent that the other party
would have been entitled to those benefits or elections as the spouse
or surviving spouse of the party.
(6) The party shall indemnify and hold the other party harmless
from any adverse consequences if the bifurcation results in the loss
of rights to social security benefits or elections to the extent the
other party would have been entitled to those benefits or elections
as the surviving spouse of the party.
(7) (A) The court may make an order pursuant to paragraph (3) of
subdivision (b) of Section 5600 of the Probate Code, if appropriate,
that a party maintain a beneficiary designation for a nonprobate
transfer, as described in Section 5000 of the Probate Code, for a
spouse or domestic partner for up to one-half of or, upon a showing
of good cause, for all of a nonprobate transfer asset until judgment
has been entered with respect to the community ownership of that
asset, and until the other party's interest therein has been
distributed to him or her.

Undoubtedly, Kelsey Grammer will have to uphold the provisions set forth in Family Code Section 2337.

If you are contemplating a divorce in Orange County or Los Angeles County, contact an Orange County divorce lawyer for more information.

Source: Frasier star to wed on heels of divorce

Are Chelsea Clinton and Marc Mezvinsky headed to divorce?

February 9, 2011, by Winiviere G. Sy

chelsea-clinton-wedding-photo_361x482.jpg

Various media outlets are reporting that the newest "celebrity" couple that may be headed to divorce court are Chelsea Clinton and Marc Mezvinsky. Specifically, the National Enquirer is reporting that Marc recently quit his banking job and has left to Wyoming to ski. Meanwhile, Chelsea remains in New York and now reportedly, she wants to annul her marriage. Further, Chelsea wanted to start a family and Marc opposed it. Naturally, Chelsea's parents, Bill and Hilary, have reported that they want to be grandparents soon. In fact, Hilary has stated that she wants to be a grandparent more than she wanted to be president. Let's hope these two can work on their differences and make their marriage last. Afterall, it was only last Summer that these two got married in a $5 million wedding!

Speaking of annulments and from an Orange County divorce lawyer perspective, what is needed in California in order to annul a marriage?

Pursuant to Family Code section 2210, the following are factors one must satisfy in order to annul a marriage in an Orange County or Los Angeles County court.

"A marriage is voidable and may be adjudged a nullity if any
of the following conditions existed at the time of the marriage:
(a) The party who commences the proceeding or on whose behalf the
proceeding is commenced was without the capability of consenting to
the marriage as provided in Section 301 or 302, unless, after
attaining the age of consent, the party for any time freely cohabited
with the other as husband and wife.
(b) The husband or wife of either party was living and the
marriage with that husband or wife was then in force and that husband
or wife (1) was absent and not known to the party commencing the
proceeding to be living for a period of five successive years
immediately preceding the subsequent marriage for which the judgment
of nullity is sought or (2) was generally reputed or believed by the
party commencing the proceeding to be dead at the time the subsequent
marriage was contracted.
(c) Either party was of unsound mind, unless the party of unsound
mind, after coming to reason, freely cohabited with the other as
husband and wife.
(d) The consent of either party was obtained by fraud, unless the
party whose consent was obtained by fraud afterwards, with full
knowledge of the facts constituting the fraud, freely cohabited with
the other as husband or wife.
(e) The consent of either party was obtained by force, unless the
party whose consent was obtained by force afterwards freely cohabited
with the other as husband or wife.
(f) Either party was, at the time of marriage, physically
incapable of entering into the marriage state, and that incapacity
continues, and appears to be incurable."

In the most common of cases, a party will seek to annul his or her marriage because after marriage, the other spouse refuses to engage in "sexual relations" with the other spouse. Another example would be if a party stated that she wanted to have children and then husband refused after the parites married. This may very well be the case surround Chelsea and Marc. Only time will tell.

To determine if you should seek an annulment of your marriage, contact an Orange County divorce lawyer for more information.

Source: Chelsea Clinton, Marc Mezvinsky Headed for Divorce?

Millionaire Steel Mogul, Christopher Mark, refuses to pay Child Support

February 8, 2011, by Winiviere G. Sy

A multimillionaire steel mogul, Christopher Mark, who presently lives in a castle in Connecticut reportedly refuses to pay anything but the bare minimum in child support to the mother of his child, Marina Isakova. Now, Marina and the child are now facing eviction from their Brooklyn apartment. Apparently, Marina and the child were turned away from the 340 acre estate of Christopher Mark last year, just after the little girl was born.

Mark and Marina got together back in 2009 after Mark convinced Marina to leave her then-husband. Mark convinced Marina and her older daughter to move into his $4,1 million castle.

Strangely enough, after the baby was born, Mark did not even visit Marina or the baby in the hospital. When Marina tried to return to the castle after the birth of their daughter, she was turned away.

If this case was litigated in an Orange County or Los Angeles County court, Mark would have to pay his child support to Marina, even if it is the bare minimum. As I previously blogged about in the past, in Orange County, child support is based primarily upon income of the mother and father, timeshare that the non-custodial parent spends with the child, any itemized deductions either party may have (mortgage interest, property tax, health insurance, mandatory retirement etc.) and many other factors. The determination of child support in Orange County or Los Angeles County is then calculated through a legal program called Dissomaster and a child support number is set. Father is not required to pay more than what is set forth by California guideline. Father can choose to pay more if he wishes.

For more information on your child support rights, contact an Orange County child support lawyer for more information.

Source: A Millionaire Steel Mogul With a Petting Zoo Refuses to Pay Child Support

California Child Custody Case is A Complex Blend of Family and Immigration Law

February 7, 2011, by David P. Schwarz

Up the coast from Orange County a child custody case with tragic overtones promises to be especially complex. According to an account in the San Francisco Chronicle, Allison Benavides, age 7, is caught between a father with a dubious past who is now living in the family's native El Salvador and relatives who want to keep her here in the United States. All of this comes in the wake of the recent death of the little girl's mother and three-year-old sister.

As the Chronicle reports, Benavides' mother died in a fire in Oakland last December. At the time her father was "in federal immigration custody" awaiting deportation. He is now back in El Salvador, but attempts to reunite him with his daughter are complicated. This is not an ordinary California fathers' rights case of the type that we often see here in Orange County.

At the time of the mother's death Allison's father had not been a part of the family's life for some time. The Chronicle reports that in 2008 he "pleaded no contest to misdemeanor battery" on a charge of punching the mother in the face. "He served a few days in jail, attended weekly sessions of domestic violence counseling for a year, and was ordered to stay away from the family - a ban that was later lifted," the paper reports.

During that period Allison was living with her maternal grandfather in El Salvador. She crossed into the US illegally last year to rejoin her mother in Oakland. The grandfather is now willing to take custody of her, but so are several other relatives here in the United States. The position of Allison's father, both whether he actually wants custody of her and how his previous domestic violence conviction may affect a family law court's custody ruling, remain unclear. On top of all this, of course, is the fact that Allison is an illegal immigrant here in the United States.

Sorting out complex California family law issues such as these is exactly the kind of conundrum that an Orange County fathers rights and child custody attorney is well-placed to assist with. The law requires courts to act in the best interests of the child when deciding Orange County and other California child custody cases. An Orange County divorce and family law lawyer's job is to help clarify where, exactly, those interests lie.


San Francisco Chronicle: Oakland: 2-nation custody dispute after fatal fire

A Perspective on Orange County or Los Angeles County Spousal Support Law of the Filthy Rich

February 7, 2011, by Winiviere G. Sy

Unless you have been living in a cave, everyone pretty much knows the very public divorce battle between Kelsey Grammer and his soon to be ex wife of 14 years, Camille Grammer. It was revealed on one of the reunion episodes of Real Housewives of Beverly Hills that Kelsey and Camille do not have a prenuptual agreement. Since the dissolution matter is being litigated in California, that means all property acquired during the marriage will be subject to community property law. It has been speculated that Camille could receive close to $40 million in total spousal support from her marriage with Kelsey.

In California, if a party has been married for 10 years or less, he or she is entitled to spousal support for one-half of the length of the marriage. If a party has been married for 10 years or more, the court can retain jurisdiction over the issue of spousal support indefinitely. Of course, there are other factors that go into the determination of permanent spousal support as set forth in Family Code Section 4320. You can re-read the prior blog post I did on spousal support here.

Setting California spousal support law aside, for now, after a Wife (in this case, Camille) receives her spousal support award, what on earth will she do with that kind of money? Here are some mistakes that former celebrity wives have made with their spousal support monies:

Nicole Murphy, ex-wife of Eddie Murphy, spent her $15 million spousal support package in just four years. She ended up in debt with five tax liens totaling $846,630.

Patricia Kluge, a former belly dancer who married billionaire John Kluge, a man 35 years older than her--is now in debt despite a reported billion dollar settlement.

Diandra Douglas, who received a $45 million after her divorce in 2000 from Michael Douglas. Almost 10 years later she went after the cancer-stricken actor for profits from Wall Street 2: Money Never Sleeps, claiming it was a spin-off from the original Wall Street and she is therefore, entitled to her share of the profits.

With that said, I can't wait to hear how much Camille will get from her divorce from Kelsey and what she will do with the money. Let's hope she puts it to good use!

Contact an Orange County or Los Angeles County divorce lawyer for more information on annulments.

Source: The Biggest Mistake Women make with Alimony

Orange County Father's Rights: Temporary Domestic Violence Restraining Order Sealed

February 4, 2011, by Winiviere G. Sy

father child.jpg

A letter to Fathers and Families by an Anonymous Client/Vindicated Father

"THIS IS A SIGNIFICANT VICTORY FOR FATHER'S RIGHTS IN THE STATE OF
CALIFORNIA SPECIFICALLY WITH RESPECT TO THE ISSUE OF FALSIFIED
DOMESTIC VIOLENCE RESTRAINING ORDERS.


Gentlemen,

A significant event occurred today in the Orange County California
Superior Court, Lamoreaux Justice Center in Department 64, Judge
Ronald P. Kreber.

I was successful in getting all records, physical and electronic of
the falsified Temporary Restraining Order issued against me on
September 9, 2009 sealed by the order of the court.

I have been tirelessly working at and documenting the FACTS which led
up to the falsified Domestic Violence Temporary Restraining Order
being issued against me on September 9, 2009. My current family law
attorney, Mr. David Schwarz has been relentless but extremely
diplomatic and patient, with my now ex-wife's attorney in getting my
wife's attorney to actually draft the stipulation and order, that was
signed by everybody and signed by the judge.

My attorney, Mr. David P. Schwarz listened to my concerns, stayed with
this issue, and I wrote what seemed to be a million pages of
Declarations, but the final result is that Mr. Schwarz was able to do
what I do not believe has occurred in the State of California thus
far.

Even though Mr. Schwarz did not really have the case law, the codified
sections or the points and authorities to pull this off, he did it
anyway through determination, and having to put up with me as a client
who was screaming and yelling all the time.

For the issue of Father's Rights, the issue of combating the gross
misuse and abuse of the Temporary Restraining Order Process, this is a
significant case. Since Father's & Families has been combating the
abuse of the Restraining Order process for a long time, this case may
provide fuel for other cases and legislative change.

I hope this information helps the cause of Father's Families, and I
think we need to consider the determination of my legal counsel,
Attorney David Schwarz, in correcting a wrong, and hopefully all can
benefit from this decision.

If you have any questions, feel free to contact me, and I am sure that
you will see this case on Mr. Schwarz's Blog, but it is a HUGE step
helping those falsely accused of domestic violence. Of course the
next issue that I will have to deal with is the year's long battle to
re-connect with my children after this huge crisis and the mountain of
parental alienation that I have had to deal with and will continue to
deal with.

From a now happily divorced and vindicated man, but still saddened
from the abuse of my children that this has caused. I hope this helps
the cause of Father's & Families, and I hope that other men falsely
accused of domestic violence resulting in the issuance of temporary
restraining orders, can realize that if the circumstances are present,
and with a little ingenuity can get these things off their records.
Now we have to put in place the laws and the point and authorities to
make these routine.

The bottom line here is that my now ex-wife and her attorney had
finally come to the realization that the facts leading up and
surrounding the issuance of the temporary restraining order issued
against me, were false, they knew they were false, and they knew that
I and my attorney Mr. Schwarz were just not going to give up at
bringing the truth of this situation to the attention of the court.
If my ex-wife and her attorney would have continued with this shrill;
at some point and time she would have risked the possibility of
perjured testimony and possible arrest, so it was better to agree to
the stipulation.

For all of those falsely accused Dads out there, let's use this
example for everybody's benefit.

Thanks."

For help with an Orange County or Los Angeles County domestic violence restraining orders or any divorce matter, contact an Orange County divorce lawyer.

Photo Source: www.earlychildhoodlinks.com

Paternity Test Will be Crucial Test in California Child Custody Case

February 3, 2011, by David P. Schwarz

A California father is trying to organize paternity tests to prove two small girls found in appalling conditions in an Idaho apartment are his daughters, according to an Associated Press report carried in the San Jose Mercury News.

The paper reports that 41-year-old Scott Crossley discovered barely two weeks ago that his estranged wife was arrested in Idaho last December. She now faces charges of felony injury to a child. The charges stem from the twin two year old girls found with her. According to the paper, at the time the mother was arrested the girls were "living in a filthy Idaho apartment with dried feces caked on their bodies." The paper, quoting police, also reports that excrement was smeared on the apartment's walls and that piles of dirty diapers were on the floor and elsewhere.

The children were discovered and rescued when "a passer-by alerted authorities about the girls after spotting them through the window of the apartment."

Crossley's coming battle to assert his California father's rights will turn on the medical tests. According to the Mercury News he and the twins mother split up "in May 2008 over infidelity, about a month before the girls were conceived." The fact that he believes the babies may be his, however, certainly implies that the split was not complete, at least at first. At the time the couple lived here in California and Crossley's wife did not file for a California divorce until later in the summer of 2008. The couple have been married since 2002, according to the paper.

Paternity issues such as these can be extremely difficult and complex. In such situations securing the assistance of an Orange County family law attorney with experience in father's rights cases, as well as divorce and paternity issues, is an essential first step in the battle to protect and enforce your rights as a parent.


AP via San Jose Mercury News: Calif. Man seeking paternity test for Idaho twins

Padma Lakshmi's Ex fights to get more custody of daughter

February 3, 2011, by Winiviere G. Sy

Padma Lakshmi's ex-boyfriend, Adam Dell (brother of Dell billionaire, Michael Dell) has filed for more child custody of the parties' daughter, Krishna. Apparently, the current custody arrangement only gives Dell seven hours a week with Krishna. Dell also alleges that Lakshmi refuses to grant him more time, thus, necessitating the filing for additional child custody of their daughter.

Dell's lawyer has stated the following:

"[A]bove all else, Dell wants to have an active and substantial role in the upbringing of his daughter with Padma Lakshmi.

Unfortunately, Ms. Lakshmi has severely limited his time with their daughter and has refused to negotiate a reasonable co-parenting agreement. Mr. Dell has tried his best to avoid going to court, but Ms. Lakshmi has given him no other choice at this time."

We do not know the reasons why Lakshmi is denying Dell additional custody and visitation with their daughter but its certainly reasonable for the father to get reasonable custody of the child. If the father and child have a prior close relationship, it is in the child's best interest that the child maintain that relationship with her father. In California, a reasonable visitation schedule for a non-custodial parent would be on alternating weekends. That's not to say that Dell should get the same schedule. Its all case specific and each case should be handled individually.

Regardless, going through a child custody battle is not easy and it can be emotionally straining on both parents. Contact an Orange County child custody lawyer for more information.

Source: Padma Lakshmi Is Being Sued By Venture Capitalist Adam Dell Over Custody Of Their Baby And Her Busy Schedule

Jaime Pressly faces Divorce and potential Custody Battle

February 1, 2011, by Winiviere G. Sy

Not only is My Name Is Earl Star, Jaime Pressly, going through a divorce with her current husband, but she may be facing a child custody battle with her ex-boyfriend, Eric Cubiche. A few weeks ago, it was reported that Jaime Pressly had filed for dissolution of marriage from her current husband, Simran Singh at the Los Angeles County Superior Court. She cited irreconcilable differences as the reason for the divorce. Pressly filed a Petition for Dissolution of Marriage and set forth a date of separation date of December 27, 2010. Pressly is also seeking to deny Singh, a Beverly Hills attorney, any spousal support.

Additionally, Pressly was also arrested for suspicion of driving under the influence.

On the heels of her arrest and pending divorce from Singh, Pressly may be facing a child custody battle with her ex-boyfriend, Eric Cubiche. Indeed, Mr. Cubiche's family has indicated to a media outlet that he is concerned for the welfare of their son.

"Little Dezi is the most important thing in my son's life, and we will do anything to protect him," Eric Cubiche's mother told Radar Online.

Despite Cubiche's concerns for his son, it appears that the Cubiche family is not making any moves towards modifying the current child custody arrangement. They are definitely keeping close tabs on Pressly and are waiting to see what her next move is before they decide anything.

Pressly is defintely going through a lot of personal issues. The parties should keep in mind that the most important thing is the welfare of their little boy. Let's just hope everyone can make peace of the entire situation. This is exactly why an Orange County divorce lawyer is necessary in complex situations like this.

For more information on divorce, child custody or visitation, contact an Orange County divorce lawyer for more information.

Jamie Pressly Files for Divorce
Jaime Pressly May Face Custody Battle Over Son