Orange County Divorce Lawyer Blog

We have all read stories over the last year or two about college students learning the hard way that filling a Facebook page with drunken party photos can be bad for one's job prospects. Facebook, however, is not just for college students anymore and as the social networking site has grown it has also emerged as a both a potential danger zone for troubled couples and a potential resource for divorce lawyers.

As a recent Associated Press article notes, "the American Academy of Matrimonial Lawyers says 81 percent of its members have been involved in cases using social networking evidence." That should not, perhaps, be surprising when one considers that a 2009 survey by the PEW Internet & American Life Project found that 20% of all adults use facebook to flirt.

Such behavior can be a dangerous prelude to an Orange County divorce case, providing material that one's soon-to-be-ex spouse can find invaluable as legal proceedings move forward. As the AP notes, social networking sites can be a goldmine of information for divorce lawyers, in Orange County and elsewhere, who suspect a spouse has been cheating.

There are lessons here for men and women on both sides of any potential Orange County divorce action. One needs to be careful what one puts on the internet for all the world to see (and users of Facebook and other social media networks should pay careful attention to privacy settings - something which, by most accounts, few bother with). More importantly, when making the decision to move ahead with an Orange County, Los Angeles County, San Bernardino or other Southern California divorce the growing presence and complexity of social media networks makes it essential for clients to seek out experienced divorce and family law attorneys who are aware of the importance of modern technology in preparing a case to be put before a Southern California family court judge.

AP via WKRG.com: Facebook Divorce Dangers

NWCN.com: Facebook & Divorce

Resources:
Pew Internet & American Life Project - Social Networking

In the latest twist in what is becoming a large - and very public - Southern California divorce proceeding, businessman Elon Musk has published a long essay at The Huffington Post to, in his words, "correct" the public record about his California divorce from ex-wife Justine and his financial situation.

As I originally noted back in May, Justine, a successful novelist, has taken to blogging about her divorce, using the public forum of the internet to defend her contention that the couple's post-marital agreement was "extremely harsh" and needs to be renegotiated. Several weeks later word began circulating in the business press that Musk was essentially broke - subsisting on loans from friends "and spending $200,000 a month while making far less."

In his Huffington Post article Elon Musk, one of the founders of PayPal, seeks to address the image those reports created: of a man so rich that he felt he could not scrape by each month on what, for most Americans, is a head-spinning sum of money. While stating that "I never said... I was "broke" or even that I lacked considerable assets," Musk claims that the vast majority of that monthly figure - $170,000 - is going to the accountants and lawyers working on his divorce-related issues. Another $20,000, he says, goes to Justine each month with the remaining $10,000 covering his own living costs. He also goes out of his way to defend his continued use of a private plane, saying it is essential to his work as head of both SpaceX, a company trying to bring commercial uses to space exploration and Tesla, an auto company that is preparing to launch an all-electric car aimed at consumers.

The on-going, very public, feuding of Elon and Justine Musk is a painful reminder of just how bitter and stressful some Orange County and Los Angeles divorces become. It is also a reminder how important it is to have an experienced Orange County divorce lawyer in your corner when entering this adversarial process. If your ex, or soon-to-be ex, is trying to complicate the California family law and divorce process or turn friends and neighbors against you by putting private details into the public domain, it pays to have an Orange County divorce attorney working on your behalf to correct the distortions.

The Huffington Post: Correcting the Record About My Divorce

It was reported earlier this week that RFK Jr. has filed for divorce from his wife of 16 years, Mary Richardson Kennedy. Mary Kennedy is RFK Jr.'s second wife and they have four children together. RFK Jr. divorced his first wife back in 1994 and they have two children together.

RFK Jr's divorce comes on the heels of the drunk driving incident involving his wife. Mary Kennedy was arrested on May 15 after a police officer witnessed her driving her car over a curb near their home in Bedford. Police report that Mary had a blood alcohol level of 0.11%. The legal limit is .08%. On May 28, Mary was arraigned but RFK Jr. did not appear for said arraignment.

Certainly, alcohol related problems can trigger one spouse to file for divorce. If you and your spouse are experiencing marital problems, divorce may the way out. Contact an Orange County divorce lawyer for more information.

Source: Kennedy Divorce: Robert F. Kennedy Jr., divorcing wife Mary Richardson Kennedy

Looks like Larry King has filed a Request for Dismissal of his dissolution of marriage action from his 7th wife, Shawn Southwick. It was reported that Larry King and his wife are going to work on reconcilation. He was quoted as saying that he looks forward to spending more time with his wife and two kids. Well, good for Larry King and Shawn Southwick! If couples can work on their marriage, then by all means, please do so. This situation also happened to Sean Penn and Robin Wright Penn several years ago.

If a couple decides to divorce and later they change their mind to work on their marriage, it is certainly possible to cancel the divorce process by filing a Request for Dismissal. However, if later down the road reconciliation does not work out, the divorce papers will have to be refiled with the court again. Also, keep in mind that the date of separation will also be changed in light of any reconciliation attempts.

If you and your spouse are considering an Orange County divorce, be sure about the decision you both are making. Contact an Orange County divorce attorney for more information.

Source: Larry King Divorce OFF Shawn Southwick, King back on

So, you and your spouse decide that you want to end your marriage. However, you both cannot deicde whether you want to file for dissolution of marriage or legal separation.

For the most part, most people choose to dissolve their marriage entirely. A judgment for dissolution of marriage terminates the marriage and restores the parties back to their unmarried, single status. Filing for legal separation is also another alternative for people who want to separate their lives like people who file for dissolution. However, those who file for legal separation elect to remain legally married whether it be for religious reasons or other personal reasons such as maintenance of health insurance coverage, qualification for derivative social security benefits, or eligibility to obtain certain military benefits. A judgment for legal separation basically determines the same issues that a judgment for dissolution does except that it does not set a date for termination of marital status. After a judgment for legal separation has been entered, if later down the line you wish to terminate your marital status, a separate action for dissolution of marriage to terminate marital status may be filed.

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

Media reports indicate that a Los Angeles County child custody battle looms for rocker Melissa Etheridge as she moves to dissolve her California domestic partnership with Tammy Lynn Michaels.

The details of the California dissolution action - or what we appear to know of them - are in dispute. Celebrity website TMZ.com says that Etheridge's attorney has argued that Michaels should not receive "financial support" from the singer. People magazine, however, reported Monday that Etheridge is currently giving Michaels "$2000 a month and pays household bills including utilities and a car lease," citing a person it, too, describes as Etheridge's counsel.

The couple have been together nine years and are parents to three-year-old twin boys. Michaels is the children's biological mother via an anonymous sperm donor, according to TMZ. The site notes that couple registered as domestic partners nearly a decade ago, but did not formally wed during the four and a half months in 2008 when California allowed same-sex marriages.

If People is correct, a California child custody fight appears to loom for the former couple. The magazine reports that Etheridge "is seeking joint custody of their twins, while Tammy is seeking full custody."

Orange County, Los Angeles and other Southern California child custody disputes are often difficult and emotionally charged. When other factors that may complicate the case are involved - significant assets on the part of one party, a same sex couple or lack of a pre-nuptial agreement, for example - it becomes all the more important that you seek the advice of an experienced Orange County divorce and family law attorney as soon as possible. An Orange County custody lawyer can offer advice tailored to your specific circumstances with an eye on protecting all of your parental rights as a California divorce or dissolution action moves forward.

People Magazine: Attorney: Melissa Etheridge is paying Tammy's bills

TMZ: Melissa Etheridge's Ex files for Custody

A new bill was approved by Governor Arnold Schwarzenegger stating that spouses who solicit the murder of their husbands or wives cannot collect benefits at the time of divorce. The bill was created in response to the story involving Pomona police detective, John Pomroy. Pomroy's ex-wife collected about $70,000 from the California community property estate after she was convicted of soliciting a hit man to murder him back in 2003. In light of the new bill that has been passed, if either spouse solicits the murder of the other spouse, the solictor will not be able to collect half of the community property assets at the time of dissolution. In California, all property acquired by the parties during the marriage with community property funds is divided equally at the time of divorce. All property acquired by gift, inheritance or other separate property source is considered the recipient's separate property.

For more information on filing an Orange County or Los Angeles County divorce proceeding contact an Orange County divorce attorney for more information.

Source: Schwarzenegger approves spouse protection bill

Celebrity websites were abuzz last week with news that Kelsey Grammer's wife, Camille Donatacci, has filed for a Southern California divorce. The couple have been married 13 years and have two children, an eight-year-old girl and a five-year-old boy, according to PopEater.com. The site reports that Donatacci lists "irreconcilable differences" as the reason for the split, and that she "is seeking joint legal and physical custody of the children."

A number of websites claim the final straw for the couple, and spark for their California divorce, was Grammer's alleged failure to phone his children when he was away from home on father's day. The actor responded with a note on his website rejecting that account of the situation and calling it "malicious".

Grammer is best known for his portrayal of the character "Fraiser Crane" on the 80s TV show "Cheers" and its long-running spin-off series, "Fraiser". Donatacci, according to PopEater, once modeled for Playboy and is now a regular on a reality series, "The Real Housewives of Beverly Hills".

Both Grammer's web posting and a statement released through what TMZ calls a representative for Grammer and Donatacci asked that the couple's privacy be respected as the California divorce process moves forward.

That desire for privacy is something that anyone suffering through the emotional ups and downs of a Los Angeles, Orange County, San Bernardino or Ventura County divorce can sympathize with. Even when a California divorce is the best course of action for both parties, that does not mean the process will be painless. This is the point at which an experienced and compassionate Orange County divorce and family law attorney can offer invaluable help, support and advice that can help smooth your path through this complex and confusing legal procedure, while ensuring that your rights under the law are respected at all times.

TMZ.com: Kelsey Grammer's Wife Files for Divorce

TMZ.com: Kelsey Grammer Was Done with Marriage

PopEater: Kelsey Grammer Slams 'Malicious' Father's Day Rumor

Often times parents do not want to get divorced because they don't want the children to suffer. However, a new study shows that a divorce may actually be good for the children. Namely, parents involved in a high conflict marriage may want to consider divorce to benefit the children. A recent study shows that children of divorced parents who grew up in a high conflict area fared better. From a Costa Mesa family law attorney's perspective, this sort of study makes sense. Parents should always work towards the benefit of the children. If parents are constantly arguing and angry with one another, it makes sense to not expose the children to such hostility. Divorce may be the answer.

If you are contemplating divorce and want to discuss your options, contact an Orange County divorce attorney for further information.

Source: Divorce Not Always Bad for Kids, Study Says

A few days ago, our very own Orange County Divorce lawyer, David P. Schwarz, was interviewed by Michelle Gile of Channel 2 news about the legal effect of the "no girlfriends to be allowed near children" clause purportedly incorporated in the Tiger Woods divorce settlement.

It is an unusal clause indeed and we do not see it normally in most Judgments and settlements here in California divorce cases. However, it is not uncommon for couples to request the incorporation of such a clause. Unless there is a problem with the girlfriend such that she is abusing drugs, committing acts of domestic violence or engaging in some sort of criminal conduct, such a clause will unlikely be included through a court order. However, that's not to say that if both parties are in agreement with said clause that it cannot be added. Hypothetically, if Tiger agrees to include such a clause, then so be it. From an Orange County divorce lawyer's perspective, we do see problems on enforcing such a clause. For example, how would Elin ensure that Tiger never brings his girlfriends around the kids? How will Tiger move on with his life and perhaps, remarry, if such a clause is incorporated? Most likely, such a clause will not hold up in court.

For more information on divorce, family law, child custody or visitation issues, contact a Costa Mesa divorce attorney.

The situation involving Elizabeth Edwards and John Edwards is not uncommon for couples in distress. Elizabeth and John are separated but they do not intend to file for divorce until someone decides to remarry. For most people, upon one person's infdelity, it would make sense for the other party to want to cut all ties, divorce and move on with their life. Such is not the case for Elizabeth and John Edwards. Elizabeth states that the couple plan to sell their $5.5 million mansion in Chapel Hill, North Carolina because their "dream house" just does not have any meaning anymore.

In divorce proceedings here in Los Angeles County and Orange County, liquidation of a community property residence is normal. It's one step towards resolving the property division aspect of the divorce. However, sometimes, if the couple have minor children, the parent raising the children usually wants to hold on to the house until the youngest child turns 18 so that the child can continue with their education in the environment they have grown familiar to. The less disruption for the child, the better the situation becomes. The Edwards' still have two minor children together. So, it is unknown what the couple intends to do regarding whether they intend to send the two minor children to the same school and/or if they will continue to reside in the same area.

For more information on child custody, visitation or disposition of a community property asset, such as a home, contact and Orange County divorce lawyer for more information.

Source: cbs2news.com Elizabeth Edwards: No Divorce from John Planned

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

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

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

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

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

PopEater: Charlie Sheen and Brook Mueller Sign Divorce Docs

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

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

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

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

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

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

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

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

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