Orange County Divorce Lawyer Blog

Several media outlets, including CNN, have recently highlighted an academic paper that floats a jarring idea: the article in the Journal of the American Medical Association argues that in certain circumstances "severely obese children be removed from their homes, and that government involvement may be justifiable because of the imminent health risks and the parents chronic failure to address medical problems."

In other words, the authors argue that allowing your child to become obese is a form of child abuse, and should be treated as such by the courts.

From the perspective of an Orange County family law and child custody attorney the best that can be said about proposals like this is that they are obviously well-intentioned. Childhood obesity is a well-documented, and growing, problem in our country. Moreover, the examples cited by the authors and by CNN - a 90 lb toddler, a 400 pound 12-year-old - are, indeed, shocking. The problem would come when decisions had to be made about children who are overweight but in no imminent physical danger. The argument being made by the authors could easily be extended by analogy to eating disorders, creating an implication that California parents' rights somehow end (or are at least to be curtailed) as soon as a child is judged to have a less-than-perfect diet.

Of course it is worth noting that in an Orange County child custody and visitation case this would hardly be the first time one parent has alleged poor care as an excuse to keep a child away from the other parent. Such tactics are a common feature of suits involving California parental alienation claims.

The assistance of an experienced Costa Mesa, Santa Ana or Anaheim family law attorney is essential for parents seeking to defend their rights against shocking accusations during the especially trying weeks and months that surround a California divorce.

CNN.com: Should Parents Lose Custody of Obese Children?

Seattle Post-Intelligencer: Should Obesity Qualify as Child Abuse?

A famous, and horrific, Orange County murder from two decades ago is back in the
news as a child custody and visitation case, according to the Associated Press. As the news agency reported this week, Kristine Cushing, an Orange County woman who killed her two daughters as they spelt in 1991, has reconciled with her husband. This development places Trisha Conlon, John Cushing's second ex-wife, in the terrible position of knowing her sons will be spending custody and visitation time with a woman who killed their half-siblings.

According to the news agency, John Cushing worked to conceal his reconciliation with his first wife from Conlon, presumably well-aware that she would not approve of the couple's two sons spending time with Kristine. The deception continued over several years and when Kristine became aware of it she went to court seeking a modification order concerning the children. The agency reports that Washington authorities recently ruled against Conlon on the grounds that the boys have been spending time with Kristine Cushing since 2008 with no apparent ill-effects and that Kristine is not technically guilty of a crime in the 1991 slayings, having been found not guilty by reason of insanity (the case is being heard in the Seattle area, where John and Kristine Cushing now live).

From the perspective of an Orange County family law attorney this case highlights how difficult and technically complex the modification of a California child custody and visitation can sometimes be.

Skilled professional counsel is especially important in cases that are both complex and emotionally charged. It is particularly important in the face of apparent setbacks to consider whether every possible legal avenue has been explored, especially when a parent can make a strong case that the best interests of the child are at stake.

AP via The New York Times: Woman who killed kids at center of custody fight

Imagine if one day you were suddenly served with a Wage Assignment garnishing your wages for $500 per month in child support, not ever having been served with a Judgment or even a Petition requesting child support. You know that you had a child with your ex-boyfriend/girlfriend but never thought he/she would file a request for child support. Indeed, you later find out that a default judgment ordering you to pay $500 per month in child support was filed with the court 6 months ago. What would you do to fight it knowing that you were never served with the initial Petition.

One way to fight the Wage Assignment would be to file a Motion to Set Aside the default Judgment.

Pursuant to California Code of Civil Procedure section 473.5. (a), it states in pertinent part:

"[w]hen service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered."

If the default judgment is indeed set aside pursuant to 473.5, it is important to request that all child support arrears accumulated to date be suspended and dismissed (after all the Judgment would not be enforceable in light of the improper service). Additionally, the existing child support order in place must also be suspended because there is no valid judgment in place.

This is just one way to handle this scenario. Of course, each case will differ from person to person. Contact an Orange County divorce lawyer for more information or if you have questions on filing a dissolution of marriage action in Los Angeles or Orange County.

From another Orange County (the one in Florida) comes a child custody case that is nothing short of shocking. Citing local sheriff's deputies, television station WFTV reports that an Orange County father was stripped of his custody rights after "his 18-month-old son... was found drinking from beer bottles alone in the front yard."

The television station reports that the child has been placed in foster care. It says the father - who was reportedly found passed-out drunk inside the family residence at the time of his arrest - told police and child welfare officials that the toddler's mother is hospitalized for mental illness and that "he has no other nearby relatives to care for the child."

Obviously this is an extreme case. It does, however, highlight one of the many crucial roles an Orange County family law attorney can play for clients here in California. Children in situations like this tend to be moved into foster care as an emergency measure. Relatives wishing to get them out, claim Los Angeles or Orange County child custody and provide a safe and loving home will generally need careful, detail-oriented legal assistance to find their way through the sometimes intimidating world of the California family courts.

Similarly, an Orange County custody and visitation lawyer can help you defend yourself and your family in situations where you believe the state has over-reached, or when relatives find themselves at odds over where a child's best interests lie. The important thing is to find a compassionate legal professional with whom you feel comfortable.

WFTV.com:

Posted In: Custody & Visitation, Family Law

Permalink | Email This Post

I previously blogged about Terrell Owens' (T.O.) refusal to pay child support to the mother of his child here. In fact, the mother of his child even scheduled a Contempt hearing due to his failure to pay. T.O. allegedly is court ordered to pay the mother $5,000 per month in child support. Now, it turns out that T.O. has paid his child support obligation and the Contempt request has been dismisssed.

From an Orange County divorce lawyer's perspective, there are serious consequences for one's failure to pay child support. Like T.O.'s case, the party receiving child support could file a Contempt request. However, in order to prevail in a Contempt hearing, said party must prove that there is a valid order, the citee must have knowledge of the order, the court must find that the citee had the ability to comply with the order. Finally, to be held in contempt, the accused party must have willfully disobeyed the order.

In other extreme situations, the citee can be sent to jail for his failure to abide by court orders as discussed in this blog post.

If there is an order for the payment of child support, make sure said payments are made and that they are on time. Otherwise, there could be drastic consequences.

Contact an Orange County divorce lawyer for additional information on filing a Contempt action in Los Angeles or Orange County.

Source: T.O. makes his child support payments

Here is a rehash of a very interesting article discussing the use of Qualified Domestic Relations Orders to enforce delinquent or current child support obligations:

Family law attorneys are familiar with the use of qualified domestic relations orders (QDROs) for dividing marital property after a divorce. However, many are not aware of how useful QDROs can be for obtaining delinquent or current (that is, prospective monthly) child support and maintenance payments. This article highlights the convenience and other benefits of this strategy.

Authority

QDROs are usually used to segregate and distribute money from a qualified retirement plan (for example, 401(k), profit-sharing, and pension plans) for the benefit of an "alternate payee." The alternate payee is someone other than the plan participant and is normally the spouse or former spouse of the participant.

However, QDROs can only be used in certain circumstances, that is, when the order "relates to the provision of child support, alimony payments, or marital property rights to a spouse, former spouse, child, or other dependent of a participant," and "is made pursuant to a State domestic relations law (including a community property law)." I.R.C. section 414(p)(1)(B).

Even though child support and alimony payments are listed first in this statute, the overwhelming majority of QDROs are used to divide marital property (such as retirement plan benefits). Still, the code is very clear that QDROs can also be used to procure child support and maintenance payments, regardless of whether they are current or delinquent.

Tax consequences
Under normal circumstances, child support payments are nontaxable to the custodial parent who receives them. For example, if ex-wife A owes $1,000 of delinquent child support payments to ex-husband B, ex-husband B pays no taxes on those amounts when received. Rather, if the QDRO is prepared correctly, amounts taken from ex-wife A's retirement plan and distributed to ex-husband B would be taxable to ex-wife A.

The plan's administrator will provide ex-wife A with a Form 1099-R at the end of the year and report the distribution to the IRS.

Under these circumstances, the retirement plan administrator is supposed to withhold 10 percent of the distribution amount for federal tax withholding, unless the plan participant requests that the administrator not do so.

It is important to keep this in mind, because the drafting attorney may need to have the QDRO account for that 10 percent reduction so the custodial parent receives the full amount of child support ordered. That is, the QDRO should be drafted to request 10 percent more than is actually owed (for example, if $900 is owed in delinquent child support, the QDRO should request a distribution of $1,000 so that, after the 10 percent withholding is done, the total distribution is $900).

However, many retirement plan administrators are not even aware of, and therefore do not even adhere to, the 10 percent withholding requirement.

These tax consequences do not apply when the QDRO relates to maintenance payments. Rather, distributions from a retirement plan via QDRO for maintenance payments are taxable to the recipient. Thus, a QDRO should be drafted to disburse only the actual maintenance owed to the recipient.

No "early withdrawal" penalty if distribution made through QDRO
Normally, any distribution from a qualified retirement plan to an individual that is made before the individual attains age 59½ is subject to 10 percent tax penalty as an early withdrawal.

However, this penalty does not apply if the distribution is: (a) properly rolled over into an IRA or another qualified retirement plan; (b) made following employment termination and the individual has attained age 55; (c) made as a loan to the individual; or (d) made pursuant to a QDRO.

Some retirement plans work better than others
Generally, most defined contribution plans such as 401(k), profit-sharing, employee stock ownership plans (ESOP), and 403(b) plans work very well for obtaining past-due child support or maintenance payments.

This is true because, unlike many defined benefit plans (traditional pensions), defined contribution plans allow lump-sum distributions.

However, for procuring current (that is, prospective monthly) child support payments, a defined benefit plan may be the better alternative because child support usually is expressed as a monthly amount, just as benefits normally are paid monthly.

So, if the retirement plan in question is a defined benefit plan that allows preretirement distributions, then it will be an easier fit with a QDRO for future child support payments.

It is possible to use a defined contribution plan for future child support payments, but one may need to determine an actuarial present value for the payments, and then request a distribution of that value. Alternatively, because a retirement plan cannot impose a limit on the number of QDROs that can be submitted, one could file a new QDRO every time the payer gets behind on child support payments.

No QDRO can mandate any distribution unless the retirement plan itself provides for one. Defined contribution plans are more likely to allow for immediate distributions than are defined benefit plans.

That is, many defined benefit plans do not allow a participant (or an alternate payee) to begin receiving distributions of any kind until normal retirement age, as defined under the plan (normally ages 62 to 65).

Frequently, individuals who have fallen into arrears on their child support and maintenance payments do not have any other assets that can be easily liquidated.

However, many of these individuals have retirement plan balances or benefits that may be accessible through a QDRO. Family law attorneys representing clients who are owed these payments should consider requesting QDROs to gain payment of these obligations to their clients.

Source: Using QDROs for delinquent or current child support and maintenance

A recent Fox News article regarding a potentially bitter California child custody dispute noted that Guy Fieri, a well-known Food Network personality who also hosts a game show on NBC, has been pulled into the middle of a California child custody and father's rights case pitting a parent against grandparents.

The network, citing the celebrity-watching website TMZ, reports that Fieri is looking after his 11-year-old nephew while the boy's father and his maternal grandparents dispute custody. Fieri is reportedly vacationing "on a remote lake in Northern California with no cell service," a remarkably convenient location for someone trying to keep a child out of the limelight and away from squabbling relatives.

The news network reports that the boy is the son of Fieri's late sister, Morgan. Since her death last year Fieri and Morgan's parents have sought custody of the boy claiming his father, Dain Pape, "should not get custody because he is 'living out of his motor home' and has no source of income." In a victory for California father's rights, a judge in Marin County "sided with Pape, ruling that he should have custody of his son, and the grandparents must return" the boy to him.

Any California custody dispute pitting parents against grandparents is tragic, and has the potential to be emotionally traumatic for every family member involved. It is important, however, that when a court rules in a father's favor everyone else involved acknowledges that reality and abides by the court's decision.

From the perspective of an Orange County fathers' rights attorney it is important for clients to understand that open defiance of a court order is only likely to make a difficult situation worse. When a ruling is not in your favor the best course is to seek further legal advice and to work through the system. Similarly, if you are fortunate enough to win your case but then have trouble enforcing the court's decision taking matters into your own hands should not be you first course of action. This is a situation where, again, skilled Orange County legal advice is the first thing you seek out before taking any action that might complicate an already difficult situation.

Fox News: 'Minute to Win It' Guy Fieri Dragged into Ugly Custody Dispute

If you watched the Real Housewives of Beverly Hills last season, you may have seen the trials and tribulations involving Taylor Armstrong and her husband Russell. You may have thought that divorce was imminent during the season. Well, the time has now come as Taylor has just filed for a Los Angeles County divorce.

Taylor has told PEOPLE the following: "It was a difficult decision but I have decided to file for divorce from Russell. Although we have tried our best to work out our differences, I have come to the conclusion that it is in the best interest of our family that we separate."

The couple have a 5 year old daughter, Kennedy.

Unless the couple has a prenuptual agreement in place, the division of the parties' marital estate will be divided in accordance with California community property laws, where all property acquired during the marriage is divided 50/50.

In addition to the division of marital assets (and debts), the parties will also have to work towards a child custody and visitation plan, determine child support and spousal support, which are all factors that encompass the procedure for divorce.

It remains unknown if the parties' divorce will be covered on next season's Real Housewives of Beverly Hills. It'll definitely make for some good television. However, it seems like the curse of the Real Housewives show is making its way to Beverly Hills. I previously blogged about the Orange County divorces of Real Houswives Tamra Barney and Vicki Gunvalson in previous posts.

Let's hope Taylor and Russell can work through their differences and finalize their divorce as amicably as possible, especially for the sake of their young daughter.

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

Source: Real Housewife Taylor Armstrong files for divorce

The 50 year old older brother of Alex Baldwin, Daniel, has filed for divorce from his wife, Joanne Smith-Baldwin, after she threatened to kill him with a knife. What is even more damaging is that Daniel claims that she threatened him in front of their children. The parties' young daughter, Avis, was quoted in a declaration as stating, "Is mommy going to kill us?"

In his court filed declaration, Baldwin lists additional several acts of violence that he faced at the hands of his wife, including punching and slapping. Daniel further alleges that his wife's erratic and violent behavior is due to drugs and alcohol, a problem he himself has struggled with in the past.

"I have had my share of problems with drugs and alcohol many years ago and know first hand how difficult a position she is in," he told TMZ.

Before filing for divorce last Wednesday, just two weeks shy of the couple's fourth wedding anniversary, Baldwin filed a temporary restraining order against his wife.

The judge who issued the restraining order gave Baldwin temporary custody of their kids, Avis, and Finley, almost 2.

From an Orange County divorce lawyer's perspective, domestic violence tactics such as that perpetrated by Daniel's wife is never the answer. Acts of domestic violence have serious effects on child custody and visitation as evidenced in the case at bar wherein Daniel was awarded temporary custody of the children. We speculate that Joanne probably has no visitation with the custody or perhaps monitored visitation in light of her aggressive conduct. Unless a mutual agreement is reached, Joanne will have to fight tooth and nail to regain some custody rights with the kids. During a litigious divorce, children need both of their parents during this emotional and stressful time in their lives.

This is why hiring an experienced Orange County divorce lawyer is crucial to any divorce in Los Angeles or Orange County. Contact an Orange County divorce lawyer for further assistance.

Source: Daniel Baldwin files for divorce from wife; claims she threatened to kill him multiple times

According to a recent note in the San Francisco Chronicle actors David Duchovny and Tea Leoni were able to see past their differences for at least one day, spending time together with their children recently despite the couple's long-standing California separation and pending divorce.

Duchovny and Leoni "put their recent split aside to celebrate Independence Day together with their children" even though they "confirmed last week that they plan to end their marriage," the paper reports. The couple have a 12-year-old daughter and a nine-year-old son.

The family outing may indicate that the estranged couple have managed to find some measure of accommodation with one another after initially splitting up when Duchovny admitted to his sex addction, then reconciling, and finally splitting again (this time, apparently, for good). The couple have been married since 1997, the paper reports. According to the Chronicle Duchovny and Leoni have not yet formally filed for divorce, despite their recent announcement that they intend to do so.

Remaining on good terms with an ex (or soon-to-be ex) is never easy. This is, however, an area where an experienced Los Angeles or Orange County divorce and family law attorney can offer invaluable assistance. An Orange County divorce lawyer's job goes far beyond simply representing and defending your interests in legal proceedings. By acting as your surrogate an attorney can help calm the sometimes heated and emotional nature of a California divorce settlement and child custody negotiations.

For this reason it is especially important that your comfort level with your Orange County divorce lawyer is high. Being able to discuss legal and personal matters openly with your counsel is of the utmost importance if an attorney is to be able to give you the best possible representation.

San Francisco Chronicle: David Duchovny and Tea Leoni reunite for July 4

San Francisco Chronicle: David Duchovny and Tea Leoni split again

In New York, a 75 year old woman is suing her 77 year old ex-husband for unpaid child support, 34 years after the finalization of their divorce.

Frances Ragusa, 75, and her former husband, Philip, 77, are locked in a bitter court fight over nearly $100,000 in unpaid child support.

Frances Ragusa claims that Philip has failed to pay $14,393.57 child-support pursuant to the couple's divorce judgment. Philip agreed to pay for said child support pursuant to their divorce settlement in 1977 after 17 years of marriage. Currently, said child support owed has grown to a figure of approxinately $100,000, which includes interest.

From an Orange County divorce lawyer's perspective and unfortunately for Philip, once that child support amount is set forth in the Judgment ordering him to pay same, he must do so. As each goes by and said amount is unpaid, interest will accrue causing the original child support amount to exponentially grow. Unless a motion is filed with the court to modify said amount or set the amount aside, Philip will owe said child support payment.

This is why hiring an experienced Orange County or Los Angeles County child support lawyer is crucial to making sure your child support payments are on track and accurate. If you bury your head in the sand and hope that the child support payments will magically go away, you are fooling yourself! There are serious consequences for failing to pay child support.

Do not let this happen to you. Contact an Orange County child support lawyer for assistance.

Source: Woman wants child support after 34 years

Supermodel Linda Evangelista recently filed court documents in a New York family law court seeking child support from Salma Hayek's husband, François-Henri Pinault. Apparently, Evangelista is claiming that her son, Augustin James, 4, was fathered by Pinault. But, wait... before you consider this another Schwarzenegger infidelity love triangle... it's not. Hayek and Pinault married in 2009, but dated since 2006, around the time Evangelista got pregnant. Augustin James was born out of wedlock. Pinault and Evangelista never married.

It has not been determined exactly how much child support Pinault will be obligated to pay for his child with Evangelista. However, the Pinault family's luxury goods empire is reportedly worth $16 to $18 billion. Further, Pinault's 2010 salary was $5.4 million, according to Bloomberg Businessweek.

In New York, where the court papers were filed, the law requires a father to pay 17 percent of what he earns in child support. This would mean Pinault should owe around $920,000 for that year.

Interestingly, from an Orange County child support lawyer's perspective, the determination of child support is not based on a straight percentage like in New York. Rather, child support is based on several factors, among them, timeshare the non-custodial parent spends with the child, the gross monthly income of both parties, any mortgage interest or property tax deductions, other nontaxable income and a slew of other Dissomaster factors.

The calculation and determination of child support will need to be analyzed on a case by case basis. There is no set formula. For more information on filing a request for child support in Orange County or Los Angeles County, contact an Orange County child support lawyer for help.

Source: Salma Hayek's Husband, François-Henri Pinault, Is the Father of Linda Evangelista's Son

After more than two years of sometimes bitter negotiations, Mel Gibson and his wife, Robin Moore, have reached "a full agreement including dividing their property" in a comprehensive California settlement agreement, according to the celebrity-tracking website Showbiz Spy.

Because Gibson and Moore were together for nearly 29 years - from 1980 to 2009 - pretty much everything Gibson has earned over his long film career is subject to California's community property laws, especially since it has been widely reported that the couple signed no prenuptial agreement. By some estimates Gibson's wealth approaches $900 million, the website reports.

In addition to financial issues, the couple have also tangled over custody of their seven children, as I noted in a post last year. Gibson also has a two-year old child with his now-estranged ex-girlfriend Oksana Grigorieva, with whom he is also engaged in California family law litigation. Though few details of the Gibson-Moore agreement have made it into the public realm, Showbiz Spy reports the agreement is expected to achieve final approval from the Southern California divorce court judge hearing the couple's case sometime next month.

The Gibson-Moore divorce offers a reminder that even particularly complex settlement issues can be resolved with a combination of perseverance and professional skill on the part of a Los Angeles or Orange County divorce and child custody lawyer. Southern California has seen a number of high-profile, high-net-worth divorces turn into expensive and protracted affairs in recent years. When the issues involved in an Orange County divorce are especially difficult, it can be reassuring to know that your attorney is with you for the long haul.

Los Angeles Times: Mel Gibson reaches divorce settlement with Robin Moore

Showbiz Spy: Mel Gibson reaches divorce settlement with wife

The mother of Terrell Owens' child has accused the NFL star of not paying child support, causing the setting of a Contempt hearing later this month in an Atlanta family law court.

According to various media outlets, authorities say that a court hearing has been set for later this month after the mother of NFL star Terrell Owens' child accused him of not paying all of the child support owed to her. I previously blogged about Contempt hearings here.

I am not sure about the details of prevailing in a Contempt proceeding in the State of Georgia. However, from an Orange County family law perspective, in order to prevail in a Contempt matter here in California, the following requirements must be met to prevail in a Contempt action:

(1) There must be a valid order;
(2) The citee must have knowledge of the order;
(3) The court must find that the citee had the ability to comply with the order;
(4) To be held in contempt, the accused party must have willfully disobeyed the order.

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

(1) On a first finding of contempt, performance of community service of up to 120 hours or imprisonment of up to 120 hours for each count.

(2) On a second finding of contempt, performance of community service of up to 120 hours, and imprisonment of up to 120 hours, for each count.

The court must take also take the parties' employment schedules into consideration when ordering community service, imprisonment or both.

For more information about filing for Contempt in Orange County, contact an Orange County family law lawyer for more information.

Source: Court hearing set in Owens' child support case

On July 4, 2011, Nicolas Cage's son, Weston, and his wife, Nikki Williams, were both booked on felony domestic violence charges after Nikki attempted to assault Weston with a bottle, TMZ reports. Ironically, this altercation took place after both of them were released from rehab.

Witnesses at the scene of the incident state that Nikki cut Weston on the arm with a bottle. Nikki also allegedly punched Weston wildly and threatened to jump off the balcony. However, police officers at the scene believe Weston was also violent and booked him on felony domestic violence as well.

This is not the first time that Weston has been in trouble with the law. A few weeks ago, it was reported that Weston assaulted his trainer, causing Weston to be hospitalized for a mental evaluation.

From an Orange County divorce lawyer's perspective, domestic disputes can cause serious ramifications in a divorce case. For example, it can have an effect on child custody and visitation issues. If domestic violence was perpetrated on the child, the aggressor spouse could be placed on supervised visits with the child or he/she could have limited visits.

In similar situations, a Judge could order the aggressor spouse to seek treatment through anger management classes.

At any rate, its never a good idea to place yourself in a precarious situation. Putting yourself at risk in a domestic dispute could cause long term problems for your future.

Contact an Orange County divorce lawyer for more information.

Source: Weston Cage and Wife Booked for Domestic Violence

It took six months to wrap-up Ryan Reynolds' and Scarlett Johansson's two-year marriage. As America headed into the Fourth of July weekend, US Magazine and other celebrity-watching publications reported that the celebrity couple finalized the Los Angeles divorce Reynolds filed for last December.

In the aftermath of the couple's break-up Reynolds told an interviewer that things had "changed" between him and Johansson in the wake of their 2008 wedding in his native British Columbia, US reports.

The website News Vindication.com reports that the couple did not have a California prenuptial agreement. As a result, "they split all their property and earnings that accumulated during their marriage evenly," the site says. This fact provides a useful remainder of the nature of California's community property laws. While they are often popularly believed to apply instantly to everything each partner brings into a marriage the fact is that California law distinguishes between assets earned or acquired during the marriage and property each spouse has at the time of the wedding. Few details of the couple's final Southern California divorce settlement have made it into the media, but it is known that they purchased an expensive home in Los Angeles shortly before the divorce.

From the perspective of an Orange County divorce lawyer it is worth noting that amid the usual array of loud and messy celebrity divorces Reynolds and Johansson managed to keep their romance, marriage and, ultimately, their break-up fairly low-key. This should offer a degree of reassurance to the rest of us that even an Orange County divorce that might seem destined to become messy and public can be carried out relatively quietly and amicably.

Your divorce lawyer's job is to defend your interests and help guide you through the often confusing world of California and Orange County family law, but it is also to see that things become no messier or more contentious than they need to be.

News Vindication: Scarlett Johansson and Ryan Reynolds Finalize Divorce

US Magazine: Ryan Reyonlds, Scarlett Johansson's Divorce Finalized

The child custody battle between Halle Berry and her ex, Gabriel Aubrey, is getting more and more intense. The parties went to court last Tuesday and during that time it was revealed by Berry's lawyer that Berry has serious concerns about Aubrey's violation of a child custody agreement. Berry's lawyer submitted a lengthy declaration claiming that Aubrey put their child at risk (no further details were revealed).

According to TMZ, the lengthy documents provides great detail about Aubrey's parenting skills, claiming there was once an incident overseas when Aubrey allegedly neglected Nahla, imperiling her safety.

Berry wanted the judge to rule that Aubrey was in violation of the child custody order. The matter was continued to a later date.

From an Orange County divorce lawyer's perspective, child custody disputes can be quite litigious for both parties. Everyone wants what is best for the child. Often times, a single court hearing will not be able to resolve a child custody dispute and a Minor's Counsel or Evidence Code section 730 child custody evaluator will have to be appointed to determine an appropriate parenting plan for the child. Let's hope Berry and Aubrey can work out their differences for the sake of their precious daughter.

At any rate, if you are involved in a child custody dispute, contact an Orange County child custody lawyer for more information. Do what is best for your child!

Source: Halle Berry Claims Gabriel Violated Custody Agreement

Hollywood director Jason Reitman recently filed legal papers in a Los Angeles court seeking a California divorce from his wife, Michele Lee according to the celebrity-watching magazine OK!. Reitman is the Oscar-nominated director of such movies as Juno and Up in the Air.

The court papers reportedly cite the reliably standard (and reliably vague) "irreconcilable differences" as the reason for the Los Angeles divorce. According to Digital Spy, another celebrity-tracking publication, the couple have been married for just over seven years and have one child, a daughter. The early accounts of their Southern California divorce petition do not say how Reitman and Lee hope to resolve the issue of child custody, though if this break-up follows the pattern for celebrity divorces we should have some sense of that issue soon enough.

Neither do the publications offer any insight into either the size of the Reitmans' marital estate or whether the couple have a Orange County or Los Angeles County prenuptial agreement in place. As I have noted in earlier entries, however, it is also important to remember that pre-nups are not necessarily ironclad documents. Courts are free to examine them, and in extreme cases, may even throw out a California prenuptial agreement if they believe the terms are grossly unfair to one party or the other.

Sorting out potentially complex legal issues such as these is a one of the key services an Orange County divorce and family law attorney can offer clients. Every divorce is different, so a careful examination of the complete range of issues affecting any particular split is a crucial first step in the legal process. An Orange County divorce lawyer's first responsibility is to defend your interests while making the process as smooth as possible.

Digital Spy: Jason Reitman files for divorce from Michele Lee

OK!: Jason Reitman, 'Juno' Director, Files for Divorce

David Edward "Puck" Rainey from the "Real World" was arrested on June 19, 2011 for domestic violence charges after fighting with his wife in their Mission HIlls home. Puck has a court appearance next Wednesday and bail is set at $30,000.

Rainey, 42, was arrested at their house around 8 p.m. on the night of the incident and faces up to six months in jail and a $1,000 fine, if convicted.

This is not the first time Rainey has been in trouble with the law. Last year Rainey was arrested on suspicion of drunken driving after being seriously injured in a car crash on a rural San Diego County road with the couple's 8-year-old son.

"I had two shots of Jack Daniels, but I ate a sandwich with it," he later told RadarOnline.com. "They tested my blood alcohol and it was .03%, which isn't even wet reckless." Rainey was sentenced to a year in county jail in 2009 after pleading no contest in another domestic violence case.

From an Orange County divorce lawyer's perspective, domestic violence accusations have far-reaching consequences. They can literally affect every aspect of your life. If you have been accused of domestic violence, it is important to present a strong defense with an aggressive Orange County domestic violence lawyer.

Since the Raineys have a son, said domestic violence charges could affect child custody issues should the parties eventually divorce.

For more information, contact an Orange County domestic violence attorney for more information.

Source: Real World alum Puck arrested pleads not guilty in domestic violence case