Orange County Divorce Lawyer Blog

Your consultation with a Los Angeles or Orange County divorce lawyer is only the first step on what can often be a long, and indirect, road. A reminder of this truism came from the celebrity world last week when 80s pop star Chynna Phillips withdrew her Los Angeles County divorce petition and, apparently, got back together with husband Billy Baldwin. This flip-flop was remarkably quick, even by celebrity standards. According to E! Online, a spokeswoman for Phillips confirmed that the Southern California divorce petition, filed on a Friday, was withdrawn the following Monday.

Santa Barbara-based Phillips and Baldwin have been married for 18 years, according to the celebrity-tracking website PopEater. Phillips has recently returned to her family after a stint in rehab but, according to E!, her decision to change her mind after filing for California divorce came as a surprise to Baldwin. The couple have three children, ages 10, 8 and 5.

The Phillips/Baldwin split/reunion is a reminder that the path to a Los Angeles or Orange County divorce is just as likely to be circuitous as it is straight. Ending one's marriage is a momentous, and often difficult, decision; one that should not be taken lightly. Consulting with an Anaheim, Orange or Costa Mesa divorce lawyer does not oblige anyone to move ahead with a California divorce. It can, however, be especially helpful as a way of getting an initial sense of where you will be personally and financially should you go ahead with an Orange County Divorce petition. Contacting an Orange County divorce attorney does not oblige you to break up with a spouse - but it is a crucial step if you suspect a break-up may be coming.

PopEater: Chynna Phillips Withdraws Billy Baldwin Divorce Papers

E! Online: Chynna Phillips and Billy Baldwin Divorcing! Oops, False Alarm

The wife of Benny Hinn has filed papers seeking an Orange County Divorce from the televangelist, according to a recent item published on the celebrity news website ContactMusic.com.

Hinn, a faith healer, is widely reported to be one of the most financially successful television preachers in on earth, travelling the globe on a leased private jet code named "Dove One". Though Hinn's ministry is legally based in Texas, his main church and a church-run television studio are both located in Orange County. According to ContactMusic, he and his wife Suzanne have been married for more than 30 years and have four children. The Los Angeles Times reports the couple separated in late January and Hinn has been living in Dana Point since that time.

The Times reports that Hinn has long been known for a lavish lifestyle. "Hinn has never fully publically disclosed how he spends the money he raises, but his vast ministry is believed to be a multimillion-dollar operation," according to the paper. The report also notes that while finances are not mentioned in the divorce filing the court papers do list "three recent Southern California residences" for the Hinn family.

The Hinn divorce is likely to raise questions of personal versus ministry finances and is a reminder of the importance of consulting with an Orange County divorce attorney as soon as it appears that a split has become likely. Separating personal and business assets can sometimes be a difficult task, and the sooner one gets an experienced Southern California divorce lawyer working on this and other divorce-related issues, the better. One need not have the sort of empire over which Hinn presides for these issues to become complex and, potentially, messy. Early consultation with a Los Angeles or Costa Mesa divorce attorney is a prudent way to avoid problems further down the line.

AP via the Los Angeles Times: Wife of prosperity gospel televangelist Benny Hinn files for divorce in California

ContactMusic: Televangelist Hinn's Wife Files for Divorce

Lifestyles of the rich and famous....oh my! This is by far the largest request for spousal support that I have ever seen. According to court pleadings filed in the Los Angeles Superior Court, ousted Dodger CEO, Jamie McCourt is requesting that her estranged soon to be ex-husband, Frank McCourt, fork over $988,845.00 per month in temporary spousal support.

According to released court sealed documents, here are some highlights reflecting the parties' marital lifestyle:

* For the last 5 years of their marriage, Jamie and Frank took $2.31 million per month in salaries and perks -- almost entirely on a tax-free basis.

* Frank's financial advisor testified, "During the marriage the parties used the business to fund whatever they needed, or wanted, as it was their personal ATM or credit card.

* Jamie claims ... Frank's 2008 personal financial statements put his net worth at $834,900,000 and valued McCourt Enterprises in excess of $2 billion.

* Frank spent $52,000 in clothes since November and dropped more than $81,000 on a December vacation ... according to Jamie.

* As for Jamie's request for just under a million a month, she claims it's necessary "to maintain her accustomed marital lifestyle."

Unless you are Frank McCourt, Warren Buffett or Donald Trump, said types of temporary support orders are extraordinary. For more information on obtaining spousal support pending an Orange County dissolution proceeding, contact an experienced and reputable family law attorney.

Source: TMZ: Frank/Jamie McCourt Divorce-- So Rich!

A fraud case that will soon be tried before a federal court in Minnesota offers lessons for those involved in, or contemplating, a California divorce. Denny Hecker was indicted last week by a federal grand jury "in what prosecutors say was a scheme to defraud lenders of millions of dollars," according to a report in the St. Paul Pioneer-Press. Hecker once controlled a series of car dealerships, car rental companies and an auto leasing business. Last year, however, he filed for personal bankruptcy, citing debts of $767 million according to the paper.

Divorce factors into this story because Hecker is still working his way through a contentious marital split. His ex-wife accuses him of hiding assets - continuing "to live lavishly despite claiming to be broke," according to the Pioneer-Press. That claim is echoed by some of Hecker's creditors.

This complex case is a reminder of the importance of careful planning in one's approach to a California divorce. Leaving aside the question of whether or not Hecker has deceived his ex-wife and creditors, it is extremely unwise to place oneself in a position where one is even vulnerable to the accusation.

A skilled Orange County Divorce lawyer will not only negotiate on his or her clients' behalf, but can also offer invaluable advice on ways to structure and present assets with an eye toward reaching the best settlement possible. Hecker's problems are, perhaps, a bit more difficult than most, if only because his case is playing out so publicly.

When consulting with a Costa Mesa or Anaheim family law attorney it is important to take advantage of the privileged environment that exists during meetings with your California divorce attorney. Your attorney's job is to offer advice and to defend your interests. He or she is best able to do that when you share every important and pertinent piece of information with them.

St. Paul Pioneer-Press: Hecker pleads not guilty to fraud charges

Several celebrity news websites are reporting that a settlement has been reached in the California divorce of Playboy founder Hugh Hefner, which is expected to become final next month.

The relationship between Hefner, 83, and his wife Kimberly has, according to media reports, been an unusual one. The couple married in 1989 and separated in 1998, but only filed for a California divorce last year. In the interim Kimberly has been living with the couple's children in a house adjacent to the Playboy Mansion and Hefner has been paying her a monthly allowance.

Divorce settlements involving high-asset couples - especially couples in which one partner brings most of the assets into the marriage - can be especially complex. California prenuptial agreements were created, in part, to address situations like this. The Hefner settlement may also have been complicated by the unusual living arrangements the couple have had for more than a decade. Further complicating matters is a lawsuit Kimberly filed last year against the ageing publisher, demanding
$5 million as her share of the profits from Hefner's sale of the home where Kimberly and the couple's sons have been living. Hefner claimed in response that "he's paid her nearly $12 million since they separated," according to TMZ.

Though unusual in many respects, the Hefner divorce is also a reminder of the importance of securing the help of a skilled Orange County divorce lawyer who can help you chart a course through your California separation and divorce whatever their circumstances may be. Divorces that do not involve multi-million dollar homes or other significant California community property assets can be just as complex and contentious as those of movie stars or magazine publishers. The first important step to take involves finding a Los Angeles, Orange County or San Bernardino County divorce attorney who will give your case the careful attention it deserves, and fight for everything to which you are entitled.

Contactmusic.com: Hefner's Divorce Finalised in March

TMZ.com: Hugh Hefner Divorce: A Done Deal

Dennis Hopper is involved in his own bitter California child custody dispute with soon to be ex-wife, Victoria Duffy. Hopper, 73, who is undergoing chemotherapy for advanced, metastasized prostate cancer, filed declarations along with his children, doctors and assistant in Los Angeles Superior Court on Thursday.

The director and co-star of "Easy Rider" filed for a California divorce from Duffy, 42, on January 14, and said in a subsequent statement that he wanted to spend "these difficult days surrounded by my children and close friends."

The California divorce battle is largely a tug-of-war over the couple's daughter, Galen. Hopper hopes a judge will mandate daily visitation, because he claimed Duffy had taken her away from him for extended periods. From an Orange County divorce attorney's perspective, it is not adviseable to deny the other parent frequent and continuing contact with the child.

Court documents details a lot of screaming and shouting among the inhabitants of Hopper's five-home compound in the coastal Los Angeles suburb of Venice, with Duffy cast as the villain.

Duffy is variously described as "extremely volatile" "insane and out of her mind," and "inhuman." Her husband of 13 years, meanwhile, has shrunk to 120 pounds (54 kg) and vomits after taking his medication, according to the papers.

Continue reading "California Child Custody Dispute involving Dennis Hopper" »

If you do not want an Orange County divorce attorney or any divorce attorney, for that matter, snooping on your Facebook page, then refrain from uploading any incrimininating evidence (i.e. inebriated photos, cheating photos, etc.)

Indeed, an article released from the New York Post today states that more people are cheating on their spouses using Facebook -- and more divorce lawyers are returning to the scene of the crime for evidence.

A whopping 81 percent of matrimonial lawyers say that in the past five years they've seen a massive spike in the use of social-networking information as evidence of infidelity, a new poll shows.

The most widely used cyber-evidence -- including messages to lovers and incriminating photos -- is found on Facebook, the survey from the American Academy of Matrimonial Lawyers reveals.

"Every client I've seen in the last six months had a Facebook page," said the group's vice-president, Ken Altshuler, "and the first piece of advice I give them is to terminate their page immediately."

Continue reading "Infidelity and Facebook" »

According to Dina Lohan, her ex-husband, Michael Lohan, is a deadbeat dad.

"It's almost been a year without child support," Dina Lohan said after a closed door meeting with her ex-husband in Nassau County Family Court on Tuesday.

The parents of troubled starlet Lindsey Lohan have been squabbling over court-ordered child support payments. It's unclear how much Michael Lohan owes, but TMZ.com reported it was more than $15,000.

"I just want him to do the right thing. I just want him to take care of his kids," Dina Lohan said after the meeting. "This isn't about us. It's about his children."

"No one wants a war," she said. "I don't want to be here more than anyone else in this building. It's a very sad place."

Continue reading "Michael Lohan has not paid Child Support in Over a Year" »

Today, trial commenced in a case of a man accused of murdering his wife. Henry Lisowski is accussed of killing his wife, Rosa, over a child support dispute. The prosecution states that a child support dispute prompted the killing.

It has been reported that Henry Lisowski, who had repeatedly threatened to harm his estranged wife, was driven to kill her after she was awarded child support for the two young children they shared, a prosecutor told a jury Monday.

The wife, Rosa Lisowski, went missing about a month before an important court hearing in 2008, when a judge was to consider whether her husband would have to pay child support for the previous year and whether he had significantly underreported his income.

Her body was never found, but the prosecutor said yesterday that evidence presented in Henry Lisowski's trial would show that he killed her and dumped her body in a trash bin.

Continue reading "Trial Begins for a Husband accused of Killing Wife over Child Support Dispute" »

The California divorce proceedings of singer Paul Anka and his wife Anna are shaping up as unusually vitriolic, even by celebrity standards. The couple married in 2008. Paul Anka filed for a California divorce last December. Now, according to several celebrity news websites, he is also suing Anna for defamation.

The defamation allegations are, in a way, related to the divorce; specifically to the couple's California prenuptial agreement. Paul's suit charges Anna with claiming, first, that there is no prenuptial agreement, and later implying to Swedish media outlets (Anna is Swedish by birth) that a prenup only appears to exist because Paul forged her signature it.

Obviously, forging a partner's signature on a legal document would, if true, be a serious crime. For those of us without inside knowledge of the Anka marriage, however, the really noteworthy point here is the sheer speed with which the California divorce action has become both extremely public and extremely toxic. Over the last 30 years or so prenuptial agreements have become increasingly common tools, particularly when one of the spouses-to-be has significant assets they wish to protect in the event of a divorce. That there could even be a dispute among the divorcing spouses over the legitimacy of the prenup (assuming, for the sake of argument, that there is one) is a sign that this marriage is probably beyond saving.

The Anka dispute, therefore, highlights the importance of drawing up prenuptial agreements in a clear and professional manner - one that leaves little or nothing open to dispute. In this regard, the importance of finding an experienced Southern California prenuptial agreement lawyer who you feel comfortable with and can trust cannot be overstated. The fact that the Ankas appear to disagree on the legitimacy of their California prenuptial agreement makes it highly likely that one of the parties may also dispute the document's actual contents. Careful Los Angeles or Orange County family law work designed to minimize disputes at the beginning of a marriage can save both parties much trouble and expense if and when the marriage ends.

TMZ.com: Paul Anka Sues Estranged Wife for Defamation

Jam Showbiz: Paul Anka Sues Estranged Wife

One tedious aspect of going through a divorce is dividing up various community property furniture and furnishings. From an Orange County divorce attorney perspective, when completing a Schedule of Assets & Debts (which is required prior to getting a divorce), each party must itemize their respective assets and debts, whether they are separate property or community property. I often advise clients to not bother listing every single fork, knife, table, lamp etc. as the list of furniture, furnishings, artwork, jewelry can get pretty long. Instead, I advise my clients to simply list the items that are have value and leave the remaining items as "to be divided between the parties." However, sometimes couples cannot agree to divide anything amongst themselves. Afterall, these people are going through a divorce and the word "agree" has seemed to have disappeared from their vocabulary. At any rate, in such instances, there are alternate procedures to make such divisions equitable.

Continue reading "Kate Walsh Divorce: Dividing Furniture & Furnishings through Alternate Pick Method" »

It is not uncommon for the court to order a liquidation of a community property asset and provide said funds to the supported spouse or apportion it between the parties. Many times a hearing to determine how much support one party pays to the other could be delayed until the forensic accountant finalizes the cash flow report available for support, among other reasons.

As an example, it was reported today that Jamie McCourt will receive $1.4 million to cover her expenses until next month's hearing on spousal support. The $1.4 million comes from the liquidation of an investment account in the names of Frank and Jamie McCourt. The agreement also provides Jamie McCourt with access to additional funds -- in an unspecified amount -- from the couple's joint investments.

When Frank and Jamie McCourt filed for divorce in October, she asked for $320,967 per month if she were reinstated as the Dodgers' chief executive officer and $487,634 per month if she were not. The court denied her request for immediate reinstatement.

Continue reading "McCourt Divorce: Liquidating a Community Asset to Maintain the Status Quo" »

In Korea, a new law will not automatically transfer custody to the surviving parent when the parent who had sole custody of a child dies. Instead, the surviving parent will have to be evaluated by a court. The revision was passed in a Cabinet meeting Tuesday and will come into effect three months after it is ratified in the National Assembly.

From an Orange County family law perspective, if a parent who was awarded sole legal and sole physical custody of a child on post-judgment matter died, the surviving parent is not automatically granted custody. In fact, guardianship proceedings will likely have to take place. The surviving parent is not automatically awarded child custody upon the other parent's death.

Continue reading "Child Custody Issues Arise Upon Death of Divorced Parent" »

For 12 seasons, from 1985 to 1996, Lenny Dykstra was a star major league baseball player. He later became a celebrity investment guru, writing a syndicated column and dispensing investment advice on national television. Today, reduced to bankruptcy and near-homelessness, he blames his troubles on his creditors (several of whom are presently suing him). Recent articles in the Wall Street Journal and the Ventura County Star detailing Dykstra's troubles do not paint a particularly sympathetic portrait of the three-time All Star, but they do highlight a connection between personal financial crisis and marital trouble ending, for Dykstra, in a California divorce filing.

Dykstra's financial woes (19 lawsuits, $37 million in debts, defaulting on not one but two estates) would take too long to detail here. From an Orange County family law perspective, however, the telling remark is one his wife Teri made to the Star (the couple are separated but not yet formally divorced). As Lenny's business ventures began to go sour the "very, very charming, funny, witty" man she met two decades ago slowly changed "into someone she no longer wants to be around." Today, Teri lives with the couple's children at a rented property in Thousand Oaks. A judge awarded her sole possession of Lenny's $5700 a month MLB pension.

For his part, the ex-baseball star blames his troubles on the bankers who loaned him tens of millions of dollars, telling the Star: "They're the ones responsible for me losing $38 million. They're the ones responsible for a 25 year marriage being dismantled piece-by-piece."

While the Dykstra family's case is, perhaps, a bit extreme it highlights a much simpler truth: financial troubles can often set an otherwise sound relationship on the road to a California divorce. It is especially important in such situations to have a compassionate and experienced Southern California divorce attorney on your side to assure a fair division of both assets and liabilities. Blaming the banks may make one or both of you feel better, but it does not solve the immediate legal issues arising from a California separation and divorce filing. To keep these from spiraling out of control an early consultation with a Los Angeles or Orange County family law lawyer is a wise precaution.

Wall Street Journal: Dykstra mansion on the market for $14.9 million

Ventura County Star: Ex-baseball player Lenny Dykstra tries to cope with personal, professional losses

In one of the stranger Hollywood divorce twists in recent memory, a number of recent media reports indicate actor Dennis Hopper has filed for California divorce from his wife Victoria even as he lies dying of prostate cancer. A persistent theme of the reporting is that money - specifically the disposition of the actor's estate when he passes away - may lie at the heart of this unusual situation.

Hopper, 73, has a famously rocky personal life (one of his marriages lasted only eight days). Victoria is his fifth wife and by most accounts their 14-year marriage has brought the actor some personal stability. Media reports say a battle between Victoria and Hopper's adult daughter (from an earlier marriage) Marin may be at the root of a dispute over money and custody of the couple's six-year-old daughter.

It is difficult, of course, for outsiders to judge these things, but if the picture painted in the media is accurate the various members of the Hopper family seem destined to end up in court. This will be especially true if reports that the actor is heavily medicated most of the time - and, therefore, arguably not completely in control of his faculties - prove to be accurate.

As any Los Angeles family law attorney could advise, the Hopper situation is an example of why California estate planning and other family legal matters should never be left until the last minute, particularly in cases such as this where it is unclear that a California prenuptial agreement exists. Putting one's affairs in order before health issues arise is always a wise move. An Orange County family law attorney can advise clients on estate planning, as well as child custody and visitation issues that may arise in wake of the death of one or both parents.

A major goal of such planning should be to avoid a situation in which uncertainty about your wishes leads to family members to spend the months or years following your death fighting each other in court.

ABC News: Why is Dennis Hopper divorcing his wife from what may be his deathbed?

Huffington Post: Dennis Hopper Divorce Shocker