Orange County Divorce Lawyer Blog

Smooth jazz musician, Kenny G. and his wife of 20 years are heading towards a split.

On January 9, 2012, Balynda "Lyndie" Benson-Gorelick filed for legal separation in Los Angeles County Superior Court. She cited irreconcilable differences but requested a legal separation instead of a dissolution of marriage. The couple have two children, one of which is still a minor. Lyndie has requested physical custody of the minor child, Noah.

I previously blogged about filing for legal separation here.

To recap and 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.

Additionally, since the couple have been married for 20 years, this is a marriage of long duration and the court will retain jurisdiction over spousal support for likely an indefinite period.

The couple will also have to work out child custody and visitation issues with their minor 14 year old child.

At any rate, contact an Orange County divorce lawyer if you cannot decide whether to file for legal separation or divorce.

Source: Kenny G's wife of 20 years files for legal separation

According to a recent note in the San Francisco Chronicle actors David Duchovny and Tea Leoni were able to see past their differences for at least one day, spending time together with their children recently despite the couple's long-standing California separation and pending divorce.

Duchovny and Leoni "put their recent split aside to celebrate Independence Day together with their children" even though they "confirmed last week that they plan to end their marriage," the paper reports. The couple have a 12-year-old daughter and a nine-year-old son.

The family outing may indicate that the estranged couple have managed to find some measure of accommodation with one another after initially splitting up when Duchovny admitted to his sex addction, then reconciling, and finally splitting again (this time, apparently, for good). The couple have been married since 1997, the paper reports. According to the Chronicle Duchovny and Leoni have not yet formally filed for divorce, despite their recent announcement that they intend to do so.

Remaining on good terms with an ex (or soon-to-be ex) is never easy. This is, however, an area where an experienced Los Angeles or Orange County divorce and family law attorney can offer invaluable assistance. An Orange County divorce lawyer's job goes far beyond simply representing and defending your interests in legal proceedings. By acting as your surrogate an attorney can help calm the sometimes heated and emotional nature of a California divorce settlement and child custody negotiations.

For this reason it is especially important that your comfort level with your Orange County divorce lawyer is high. Being able to discuss legal and personal matters openly with your counsel is of the utmost importance if an attorney is to be able to give you the best possible representation.

San Francisco Chronicle: David Duchovny and Tea Leoni reunite for July 4

San Francisco Chronicle: David Duchovny and Tea Leoni split again

They were, until a few months ago, California's First Couple: the immigrant body-builder who improbably rose to be, first, a movie star and then, even more improbably, governor. And his glamorous wife: a member of the Kennedy family and former correspondent for NBC News. As most of the state knows by now, however, the marriage of former governor Arnold Schwarzenegger and Maria Shriver is in trouble. The couple announced yesterday that they are separating after 25 years of marriage.

The Los Angeles separation comes just over four months after Schwarzenegger left office and follows a period during which, as the Los Angeles Times noted, it had become clear that Shriver and the former governor were leading increasingly separate lives. The newspaper called the California separation announcement "a split that marks the foundering of one of America's most famous marriages."

Only two of the couple's four children are still minors (and one of those is a 17-year-old high school senior) according to the Times, so child custody and visitation issues are unlikely to figure heavily in whatever settlement agreement the couple may eventually reach. Unless a prenuptial agreement exists, however, the length of the marriage would entitle Shriver to a substantial share of the wealth from Schwarzenegger's long film career.

There is, of course, the possibility that the couple may reconcile - one of the purposes of a separation is often to give spouses some time apart during which they can consider the best way forward. Even at this stage, however, it is important for anyone considering a California divorce to consult an experienced divorce attorney.

As any Orange County divorce lawyer can tell you, professional legal advice can be essential at every stage of the process - even if both parties eventually decide not to go ahead with a dissolution of the marriage. A Los Angeles, Costa Mesa or Anaheim family law attorney can help clients considering an end to their marriage by offering appropriate advice regarding the many legal and financial issues involved. Such advice during the separation period can be an important factor in whatever decision the client eventually makes.

Los Angeles Times: The unraveling of the Schwarzenegger-Shriver marriage

Entertainment Weekly: Arnold Schwarzenegger and Maria Shriver announce separation

Christina Aguilera is officially single again. As we noted in a February post, her Los Angeles divorce settlement was finalized earlier this year. California, however, requires a six-month period of separation before a marriage can be formally dissolved. Those six months were up last Friday.

The legal details of the pop diva's California divorce differed in some key ways from what we are accustomed to seeing in celebrity cases. It is much more common (see: anything related to the McCourts) for waiting periods to become essentially irrelevant because California's statutory waiting period comes and goes while the couple are still thrashing things out via their attorneys and in court.

In Aguilera's case, "in papers filed on February 9, 2011, a Los Angeles Superior Court judge determined... April 15 as the day the couple would finally, and formally, go their separate ways," according to a report by the TV network and web news service MSNBC.

Interestingly, the network further notes that when Aguilera originally sought a divorce from her husband, Jordan Bratman, in October she listed September 11, 2010 as the date of their separation. The fact that the judge chose to put aside that assertion and start the six-month clock ticking from the date of the filing is a useful reminder for couples seeking a Los Angeles or Orange County divorce that such matters are ultimately the judge's to decide. Put another way, those eager to re-marry quickly need to bear in mind that the timing may not be entirely theirs to control.

Issues of timing and procedure are among the most important aspects of an Orange County separation agreement or settlement, and are also areas where an Orange County divorce attorney can offer essential advice to clients, particularly those eager to move the process along quickly with an eye toward re-marriage.

MSNBC: Christina Aguilera's Divorce a Done Deal

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.

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