Orange County Divorce Lawyer Blog

No, John Edwards, the people here in Orange County, California have not forgotten about you. All the drama surrounding Representative Weiner is not going to cloud your recent indictment on charges that you failed to report nearly $1 million allegedly spent to keep your mistress out of the public eye as you pursued the presidency.

In all seriousness, it now seems like the John Edwards story is getting juicier. Now, reports are surfacing that prosecutors have now obtained emails between John Edwards and a former aide to use as evidence at trial proving that Edwards knew about the payments to his pregnant mistress, even while he was publicly denying it, people familiar with the case told The Associated Press on Monday, June 6.

Apparently, there were dozens of emails that were exchanged between Edwards and his former speechwriter, Wendy Button, as they worked on a never-released draft statement to acknowledge paternity of his out-of-wedlock child, according to people who have seen the messages and requested anonymity because they have not been made public yet.

Prosecutors must prove that Edwards had knowledge of the payments in order to convict him in the case. Edwards proclaimed his innocence of any crime after being indicted last Friday.

The six felony charges came after intense negotiations in which prosecutors first insisted Edwards plead to a felony, but they ultimately offered him the chance to plead guilty to misdemeanor charges and serve a jail sentence, according to people with knowledge of the talks who requested anonymity to discuss the private discussions.

Edwards, a single father since his estranged wife's death in December, was interested in reaching a deal but refused to accept anything that would take him away from his children, according to a person close to the talks.

Hypothetically from an Orange County divorce lawyer's perspective and in the event Elizabeth Edwards was still alive and if she and John Edwards were both going through an Orange County, California divorce, this indictment could also have a significant effect on their divorce. Elizabeth could allege misappropriation of community property funds and breach of fiduciary duty. But that is neither here nor there since the scenario is moot given Elizabeth Edwards' death this past December 2010.

If you have any divorce related issues in Los Angeles County or Orange County, contact a reputable Orange County divorce attorney for more information.

Source: AP Sources: Edwards e-mails acknowledge payments

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

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

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

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

Many times there is an overlap between criminal law matters and family law matters. A Los Angeles County or Orange County divorce attorney can assist you in any of said matters. Today, a Los Angeles jury is deliberating a case of a man who allegedly tortured his estranged wife until she signed divorce papers.

Mohammad Hanafi, 58, of Hawthorne, is charged with kidnapping his wife, Raisa Hanafi, and torturing her by gagging her and drugging her, authorities said. He also allegedly forced her to sign over her assets in divorce papers. Further, Raisa Hanafi was confined for five days before she was able to escape, according to court documents. From an Orange County family law perspective, this is a clear example of one spouse's use of coersion, fraud, duress and/or undue influence to gain an unfair advantage. Further, it is also a clear example of one's breach of fiduciary duty. I have no doubt that any Judgment or Marital Settlement Agreement signed by the disadvantaged spouse would be set aside.

During the criminal trial, Hanafi's attorney denied that he tried to kill the woman. Nevertheless, Raisa Hanafi testified that the men threatened to cut her up and feed her to dogs. She also said the men shocked her with a Taser.

If you are involved in a stressful situation or being pressured by your soon to be ex-spouse to sign any legal documents you are uncomfortable signing, please consult an Orange County or Los Angeles County divorce attorney for advise.

Source: L.A. Now: LA Jury deliberating case of man charged with torturing wife until she signed divorce papers