Orange County Divorce Lawyer Blog

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.

It was reported today that Heidi Montag filed a Petition for legal separation at the Los Angeles Superior Court,.citing irreconcilable differences. I previously blogged the legal ramifications for filing for legal separation here.

TMZ.com incorrectly states that Montag's filing for legal separation is that "[t]he legal significance of legal separation is that her earnings will become her separate property from the date of separation." Although that statement is true, it does not distinguish the big difference between filing for divorce versus separation. When filing for divorce or legal separation, generally speaking, all property acquired after the date of separation is the separate property of the spouse who acquired same so long as they can trace the asset to a separate property source. Most people file for legal separation for medical insurance purposes or residency purposes, just to name a few.

It is also interesting to note that Montag listed the date of the filing, June 8, 2010, as her date of separation. I've read many gossip magazines and internet sites alluding to the fact that Heidi Montag and Spencer Pratt were having marital problems in the past. If that's the case, perhaps June 8 is not an appropriate date of separation. But, that's another issue.

If you are contemplating filing for divorce or legal separation but want to find out more about each option, contact an Orange County divorce attorney for assistance.

Source: TMZ.com Heidi Montag files for Legal Separation from Spencer Pratt

Following-up a story I blogged about last month, basketball superstar Shaquille O'Neal is reportedly trying to get his California divorce proceedings moved to Florida.

As I noted in a November 17 post, Shaq's wife Va'shaundya reportedly flew to California from their home in Florida only days before filing California legal separation papers in Los Angeles family court. The widespread assumption has been that Va'shaundya was seeking to establish California residency in an effort to obtain a more favorable divorce settlement. According to The Cleveland Leader (Shaq plays for the NBA's Cleveland Cavaliers), Shaq has now filed California court papers of his own arguing that the couple live in Florida and that the case should be thrown out.

As a rule, a person seeking a California divorce must have been resident in the state for six months. Because Va'shaundya is seeking a California legal separation, however, that requirement does not apply.

The couple's situation highlights the complex nature of residence as a factor in California divorce proceedings. One need not have the O'Neal's wealth or prominence for the question of where a spouse lives to become a factor in an Orange County or Los Angeles County divorce proceeding. Jurisdiction is one of the many complicating factors that an experienced Orange County divorce lawyer can help you sort through as you move forward with - or are forced to defend yourself in - a California divorce. Consulting with a Southern California divorce lawyer as early in the process as possible an essential step in protecting your interests as an Orange County, Los Angeles County or San Bernardino County divorce makes its way through the legal system.

The Cleveland Leader: Shaquille O'Neal Wants Divorce Proceedings Moved to Florida

The filing of a Petition for Legal Separation by Shaquille O'Neal's wife within a day of landing in Los Angeles got me thinking more about the residency requirements for California. If a party wants to file for dissolution of marriage, at least one of the parties must be a resident of California for 6 months and a resident of the county in which the petition was filed for three months immediately before the filing of the petition. Family Code Section 2320. This residency requirement is mandatory and it cannot be circumvented.

Continue reading "More on California Residency Requirements" »

Word that basketball star Shaquille O'Neal's wife Va'shaundya filed Los Angeles family court papers seeking a California legal separation last week may have come as a bit of a surprise. Most people thought the O'Neals lived in Florida (Shaq played with the NBA's Miami Heat from 2004-2008, but now plays for Cleveland).

According to a report in People magazine, Va'shaundya flew to California and declared herself a resident of the state on November 8, a day before her lawyers filed the California legal separation papers in Los Angeles family court. California's community property divorce laws are significantly more generous than those of Florida. Further complicating matters, the couple is widely reported to have a prenuptial agreement.

As is so often the case with celebrity family law the numbers may differ from those the rest of us deal with (Shaq reportedly makes $21 million per season playing basketball and as much or more from product endorsements), but the concepts at issue are really little different.

An experienced Orange County family law firm can offer invaluable advice if your spouse, when preparing for a Orange County divorce or legal separation, decides to go venue-shopping. The end of a marriage or long-term relationship is difficult enough without having to cope with additional stress brought on by questionable tactics related to residency or similar California family law issues.

California child custody questions often come into play in these situations as well. Va'shaundya O'Neal is seeking sole custody of the couple's four children (all of whom are under age 9), according to People. An Orange County child custody lawyer can offer advice on how residency issues in a California divorce impact Orange County child custody questions.

People: Shaquille O'Neal's Wife Files for Separation