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An Orange County Divorce Lawyer's Perspective: John Edwards Indicted

June 15, 2011, by Winiviere G. Sy

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

Could affair have been cause of divorce been Mark-Paul Gosselaar and Lisa Ann Russell?

September 3, 2010, by Winiviere G. Sy

I previously blogged about the Los Angeles County divorce between Saved by the Bell's Mark-Paul Gosselaar and his wife here. However, new reports are emerging about the reason behind their split. Despite the fact that during the announcement of their split, "no third party" was involved, media outlets are now reporting that Lisa Ann Russell was having an affair with "Survivor" host, Jeff Probst.

A source close to the couple states that Lisa Ann Russell and Jeff Probst were having an affair for a while. Their divorce is still ongoing. However, Russell and Probst were seen this past weekend at Emmy festivities.

In California, any party can seek a divorce from the other for any reason. Unlike in North Carolina, a spouse may have a civil claim for "Alienation of Affection" against the homewreker. Such is not the case here in California because California is a no-fault divorce State.

If you are contemplating a divorce in Orange County, Los Angeles County, San Bernardino County or Riverside County, contact a reputable divorce attorney for more information.

Source: Lisa Ann Russell and Jeff Probst Dating during Mark-Paul Gosselaar Divorce?

Fantasia Barino could possibly be sued for Alienation of Affection

August 16, 2010, by Winiviere G. Sy

Unlike other states such as North Carolina, California does not have have recourse for a person who wishes to sue someone for cheating on their spouse. In fact, California is a no-fault divorce state and any party can file an action for dissolution of marriage for any reason.

Last week, the news media broke the news that former American Idol winner, Fantasia Barino, had an alleged affair with a purported married man, Antwuan Cook. Now, reports state that Antwuan's wife, Paula Cook, is likely going to file an action for alienation of affection against Fantasia in North Carolina. The law, which exists in seven states and allows a party to sue a "home wrecker" for alienation of affection. Historically, these laws arise from the old times when women were treated as the property of their men. Luckily for California, we do not recognize such laws.

Like in any divorce proceeding, Paula Cook's lawsuit will rely heavily on when she and her husband separated. The date of separation could be the determining factor on whether her lawsuit will pass muster.

For more information on filing a divorce action in Orange County or Los Angeles County, consult an Orange County divorce lawyer for more information.

Source: Wife Threatens to Sue Fantasia for Alleged Affair

Former NYPD Blue actress, Garcelle Beauvais-Nilon, Files for Divorce from Cheating Husband

June 8, 2010, by Winiviere G. Sy

Truth be told, one of the major reasons why couples divorce is infidelity. Such is the case for former NYPD Blue actress, Garcelle Beauvais-Nilson. Just before their nine-year wedding anniversary, Garcelle Beauvais-Nilon gave her allegedly cheating husband Mike Nilon a special gift: divorce papers.

The actress-model officially filed for divorce on May 10, citing irreconcilable differences. Per court documents, the parties have been separated since April 9, 2010.

But just last week, the mom of two seemed unsure as to how she would proceed with her marriage. "I'm taking it one day at a time, and I'm learning how strong I am," she told E! News when asked how's she dealing. "I don't know...I have kids, so I don't know."

One thing she was certain of: having no regrets about exposing her husband's cheating via an email blast to his CAA coworkers, in which she compared him to Jesse James and Tiger Woods. "I was angry...and no, I don't regret it," she said. Turns out, Mike Nilon was allegedly having a 5-year affair with another woman in Chicago.

Beauvais-Nilson is seeking joint legal and joint physical custody of their 2-year-old twin sons, Jax and Jaid.

If you are contemplating divorce, contact and Orange County divorce attorney to discuss your options.

Source: Garcelle-Beauvais-Nilson Files for Divorce from Cheating Husband

Infidelity and Facebook

February 11, 2010, by Winiviere G. Sy

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."

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