Orange County Divorce Lawyer Blog

It looks like the Orange County divorce between Kobe Bryant and Vanessa Bryant is well under way.

Perhaps even a divorce settlement has been reached. TMZ is reporting that the parties have already transferred home to each other. Kobe allegedly signed over his community property interest in the former family residence in Newport Coast to Vanessa along with a nearby mansion (where Vanessa's mother has been living) over to her. In exchange, Vanessa signed over a community property interest in a third Newport Coast home (which is currently under construction) over to Kobe.

From an Orange County divorce lawyer's perspective, we currently await the outcome of what type of settlement Vanessa will get. After all, the parties did not sign a prenuptual agreement. In addition to financial issues such as coming to a resolution relating to child support and spousal support, the parties will also have to deal with child custody and child visitation issues. If there are outstanding community property assets and debts that have to be resolved, the parties will have to deal with those issues as well.

At any rate, if you are contemplating filing for a Los Angeles County or Orange County divorce, contact an experienced and reputable Orange County divorce lawyer for more information.

Source: Kobe Bryant and Vanessa Horse Trade Houses in Divorce

In an earlier post, I blogged about a Los Angeles County divorce for reality star, Kim Kardashian. Now, there are several reports swirling around stating that her soon to be ex-hsuband, Kris Humphries, is refusing to sign the divorce papers.

How does effect Kardashian's divorce as a whole? Unfortunately, Humphries cannot refuse to sign documents. California is a no-fault divorce state and if Kardashian wants a divorce, she can get it. If Humphries chooses to not respond to the Petition, Kardashian can still obtain her divorce by filing a default action against him.

From an Orange County divorce lawyer's perspective, it is to Humphries' advantage to respond, finish up the divorce expeditiously and move on with his life. Luckily for these two, they do not have children. Otherwise, they would have to deal with potential child custody, child visitation and child support issues.

Further, thankfully, for Kardashian, she has prenuptual agreement that protects her wealth and assets. From an Orange County spousal support standpoint, since these two were only married for 72 days, Humphries would only be eligible for spousal support for one-half of the length of the marriage or for a period of 36 days.

If you are contemplating filing for divorce in Los Angeles County or Orange County, contact an Orange County divorce lawyer for more information.

Source: So True? So False? Kris Humphries Refusing to Sign Divorce papers?!

Well that didn't take long. We knew it was bound to happen but not that fast. It was reported today that Kim Kardashian has filed for a Los Angeles County divorce from her husband of two (2) months, Kris Humphries.

In a statement to E!, Kim states as follows:

"I hope everyone understands this was not an easy decision. I had hoped this marriage was forever, but sometimes things don't work out as planned. We remain friends and wish each other the best."

Kim cited "irreoncilable differences" as the reason for the divorce and even cites the existence of a prenuptual agreement when questioned about the division of California community property. It's a good thing that Kim has a prenuptual agreement in place. Otherwise, Kris would be eligible to receive 1 month's worth of spousal support. A prenuptual agreement is a must if you have assets to protect prior to entering a marriage.

At any rate, I'm not sure if this is some publicity stunt. Did she marry Humphries and have her wedding special air on television for publicity? Wouldn't surprise me.

It's also a good thing that these two don't have children because often times divorces get ugly and nasty if children are involved.

If you are looking to file an Orange County or Los Angeles County divorce, contact an Orange County divorce lawyer for more information.

Source: Kim Kardashian: Why I filed for divorce from Kris Humphries

It was reported a few weeks ago that Tareq Salahi's wife, Michaele, had run off with Journey guitarist, Neal Schon. Tareq had initially believed Michaele was kidnapped. However, on the heels of finding out that she had run off with another man, Tareq has filed for a divorce. In a petition for dissolution of marriage filed in Virginia, Tareq states as follows:

"Over the objections of me, she continually exposes our friends and acquaintances to her adulterous relationship and has flaunted the same throughout the community, the nation and indeed the world, and thus caused ... me to suffer great harm, humiliation, and embarrassment,"

Tareq also states:

"There is no hope or possibility of reconciliation," he said, adding that he "has been greatly hurt and disturbed" by her actions

The couple were married for nearly 8 years, a short-term marriage under California standards. They do not have any minor children.

To add more drama to the Salahi divorce, Michaele has locked her husband out of all Journey concerts. Indeed, she has placed signs with his picture up, warning people not to allow "this man" backstage despite his all-access pass. Looks like this divorce is going to get nasty!

From an Orange County divorce lawyer's perspective, the couple have a prenuptual agreement. Indeed, Michaele might lose more than her marriage by running off with Schon. According to the Salahi's prenuptual agreement, obtained by TMZ, she is stripped of any rights to money or property accumulated during their marriage if she cheats, and she forfeits her right to spousal support if she moves out. It'll be interesting to see how this all plays out in court. Stay tuned!

Source: Salahi Divorce Turns Nasty

I came across an interesting article about a California man suing his ex-fiance for return of a $53,000 engagement ring and a 2006 Hummer. From an Orange County divorce lawyer's perspective, the kicker in this story is that the couple never married. The California man, James Makalian, is suing his ex-fiance in civil court.

According to court documents, in April 2011, the woman, Nichole Grazioli, broke off the couple's engagement. When Mekalian requested the return of the engagement ring and the 2006 Hummer, Nichole Grazioli refused.

According to insurance documents attached to the court filing, the ring is 14-karat and includes a 4-carat diamond and 90 "round brilliant cut diamonds" that was appraised by Warner Co. Jewelers for $52,550. An old title for the 2006 Hummer list's Javette Transportation, the company owned by Mekalian, as the owner of the vehicle in April 2009. In court documents, the value of the sport utility vehicle is listed as $25,000.

Hypothetically, if the couple married and the Husband requested the return of the engagment ring upon divorce, could he get it back? Well, it depends on the facts of the case. Generally, engagement rings given to Wife is typically considered a gift. So, the short answer is no. All gifts acquired during the marriage belong to the recipient. Now, if the parties signed a contract or prenuptual agreement indicating that upon divorce, the wife has to return the engagment ring to the husband, then she should do so.

At any rate, its always a smart idea to sign a California prenuptual agreement if you want your assets protected prior to any marriage.

Contact an Orange County divorce lawyer for more information.

Source: California Sues former fiance for $53K engagement ring

"Shear Genius" star, Jonathan Antin's wife, Sescie Antin, has just filed for a Los Angeles County divorce citing irreconcilable differences. The couple married back in 2006. The couple also have 2 children together, a 4 year old and a 5 year old. Sescie is requesting joint legal custody and primary physical custody with Jonathan to be given child visitation rights.

Additionally, Sescie states that there is a prenuptual agreement in effect which states that Jonathan will pay for her mortgage and all home expenses until their youngest child turns 21 years of age.

From an Orange County divorce lawyer's perspective, this is a rather typical divorce involving child custody, child visitation and prenuptual agreement issues. Its a common scenario for the mother to request primary physical custody of the minor children since she is probably the primary caretaker.

If either party is entering the marriage with substantial assets, it is a smart decision to draft a prenuptual agreement to ensure that parties' separate property assets are protected. In this case, if the prenputual agreement is valid, Jonathan will have to pay for the mortgage on the residence and all living expenses associated with same until the youngest child turns 21 years of age.

Further, Sescie is also entitled to child support and spousal support for one-half of the length of the marriage (since this is a short term marriage).

If you are contemplating an Orange County or Los Angeles County divorce, contact an Orange County divorce lawyer for more information.

Source: 'Shear Genius' Star: Marriage comes to Split End

I read an interesting article here (which I am reposting) about the benefits of having a prenuptual agreement. It may be something you consider if you do not want to go through a litigous Orange County or Los Angeles County divorce.

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What is a prenup?
A prenuptial agreement is a contract created and signed by two people before they get married. Often referred to as a prenup, the contract usually specifies what each person's property rights will be if the marriage ends. In order to do this, each person must list all the property he owns as well as any debt. This helps establish what individual assets and debt each person brought into the marriage.

Prenuptial agreements tend to be more popular with people on their second or third marriages. That's not because these people trust the institution of marriage any less, but because by the time people are on their second or third marriage, they have had time to accumulate more wealth and, therefore, have more to lose in a divorce.

Why have a prenup?
A prenup can provide several advantages. It can protect each spouse from the debts of the other. Without a prenup, creditors could turn to marital property to satisfy the debts of just one spouse, even premarital debts. This can be especially useful in today's economy, with so many people entering into marriage with substantial student loans. A prenup can provide for children of a previous marriage if you want to make sure that your children inherit your property. A prenup can establish your own rules for property division and avoid potential disagreements.

Reasons not to have a prenup
In the author's opinion, there are two main reasons couples do not want to get a prenup. First, prenups do not come across as very romantic. When a couple is preparing for a wedding and talking hearts and flowers, bringing up a prenup can be a real buzz kill.

Second, not all couples need a prenup. If you or your fiancé answers yes to any of the following questions, then you might consider a prenup:

--Do you own any real estate?
--Do you own more than $50,000 worth of assets other than real estate?
--Are you a business owner?
--Do you currently earn a salary of more than $100,000 per year?
--Do you have valuable employment benefits, such as retirement benefits, profit-sharing or stock options?
--Do either of you plan on earning an advanced degree while the other works to support the family?
--Do you want all or a portion of your estate to go to your children rather than your spouse?

If you did not self-identify with the above questions, then you may not need a prenup.

If you and your fiancé decide to draft a prenup, give yourself plenty of time between drafting the documents and the date of the wedding. Take your time and make sure the prenup is tailored to your specific circumstances. Additionally, it is recommended that each person have his own attorney review the prenup to ensure his own personal interests are represented.

Indeed, according to California Family Code Section 1615, it states as follows:
"(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves either of the following:
(1) That party did not execute the agreement voluntarily.
(2) The agreement was unconscionable when it was executed and, before execution of the agreement, all of the following applied to that party:
(A) That party was not provided a fair, reasonable, and full disclosure of the property or financial obligations of the other party.
(B) That party did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided.
(C) That party did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
(b) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
(c) For the purposes of subdivision (a), it shall be deemed that a premarital agreement was not executed voluntarily unless the court finds in writing or on the record all of the following:
(1) The party against whom enforcement is sought was represented by independent legal counsel at the time of signing the agreement or, after being advised to seek independent legal counsel, expressly waived, in a separate writing, representation by independent legal counsel.
(2) The party against whom enforcement is sought had not less than seven calendar days between the time that party was first presented with the agreement and advised to seek independent legal counsel and the time the agreement was signed.
(3) The party against whom enforcement is sought, if unrepresented by legal counsel, was fully informed of the terms and basic effect of the agreement as well as the rights and obligations he or she was giving up by signing the agreement, and was proficient in the language in which the explanation of the party's rights was conducted and in which the agreement was written. The explanation of the rights and obligations relinquished shall be memorialized in writing and delivered to the party prior to signing the agreement. The unrepresented party shall, on or before the signing of the premarital agreement, execute a document declaring that he or she received the information required by this paragraph and indicating who provided that information.
(4) The agreement and the writings executed pursuant to paragraphs (1) and (3) were not executed under duress, fraud, or undue influence, and the parties did not lack capacity to enter into the agreement.
(5) Any other factors the court deems relevant."

Contact an Orange County divorce lawyer to assist you in drafting a Prenuptual Agreement. It could likely save you thousands of dollars in the event of a dreadful divorce.

In the celebrity-watching portion of the media the unexpected news that Jennifer Lopez and Marc Anthony are planning a Southern California divorce was quickly overtaken by speculation regarding the couple's prenuptial agreement, or possible lack thereof.

According to the Los Angeles Times the anticipated divorce will be the third for Lopez and second for Anthony. The website Hollywood Life notes that the couple have three-year-old twins, but speculation, so far, has focused more on money than on Los Angeles or Orange County child custody. The couple have been married since 2004.

Lopez and Anthony, of course, are both high-earning celebrities. But it seems fair to say that her fame - and in all likelihood her income - far exceeds his. As Hollywood Life points out, Jennifer's recent stint as a judge on "American Idol" has almost certainly been more lucrative than anything Anthony has done in recent years. The website cites other celebrity publications putting the couple's "combined worth at $350 million." It also notes that after paying ex-husband #2, Cris Judd, an estimated $14 million one would assume that Lopez would have made some effort to protect her assets during later marriages. The circumstantial evidence available so far, however, suggests otherwise.

As I have said before when writing about celebrities, the fact that the rest of us do not have hundreds of millions of dollars at stake does not mean that splits like this one do not hold lessons for a couple entering into a lower-profile Orange County divorce.

An experienced Orange County divorce lawyer can be your most important advisor and ally during the complicated, and often emotionally challenging, period surrounding a divorce. In addition to financial arrangements, discussions over Orange County child custody and visitation can frequently become difficult. Every person seeking to dissolve a marriage needs skilled legal advice and assistance to ensure the protection of their rights.

Los Angeles Times: Jennifer Lopez and Marc Anthony to divorce

Hollywood Life: Do Jennifer Lopez & Marc Anthony have a Pre-Nup? If not, he could get half of their reported $350 million fortune, says legal expert

Numerous media reports over the last ten days indicate that former governor Arnold Schwarzenegger has made a significant revision to his court filings related to his Southern California divorce from Maria Shriver. The Orange County Register notes the former governor initially "stated that he didn't want to pay spousal support to Maria Shriver... or her lawyer's fees." Now, however, he has reversed himself on the issue.

Schwarzenegger's justification for the original Los Angeles family court spousal support claim was the fact that while his income as an actor is the source of much of the couple's fortune, California's former first lady is independently wealthy in her own right.

The Register, citing the celebrity gossip website TMZ, reports that the once and future action movie star says the move to deny spousal support for Shriver was inadvertent - a result of Schwarzenegger signing documents without discussing their content with his Southern California divorce attorney first. Once he discovered the content of the documents he moved to present the court with a revised filing in which he does not contest Los Angeles spousal support. Shriver filed for divorce from the former governor earlier this year after it was revealed that Schwarzenegger had fathered a child more than a decade ago with a woman who was at the time one of the couple's household employees.

Because Schwarzenegger and Shriver have no California prenuptial agreement and have been married for a quarter-century virtually all of Schwarzenegger's earnings from his long film career will be subject to California community property rules in the eventual divorce settlement.

From an Orange County divorce attorney's perspective the move by Schwarzenegger can be seen as a potentially shrewd tactical one. Assuming the media accounts are true, his quick action may have been designed to diffuse ill-feelings as the couple enter into the real financial negotiations concerning their break-up. Orange County divorce proceedings are rarely without stress, but it is generally in both parties' interest to minimize conflict to whatever extent that proves possible.

Orange County Register: Schwarzenegger revises divorce proposal

AP via The Washington Post: Schwarzenegger amends divorce filing and withdraws request to deny Shriver spousal support

After more than two years of sometimes bitter negotiations, Mel Gibson and his wife, Robin Moore, have reached "a full agreement including dividing their property" in a comprehensive California settlement agreement, according to the celebrity-tracking website Showbiz Spy.

Because Gibson and Moore were together for nearly 29 years - from 1980 to 2009 - pretty much everything Gibson has earned over his long film career is subject to California's community property laws, especially since it has been widely reported that the couple signed no prenuptial agreement. By some estimates Gibson's wealth approaches $900 million, the website reports.

In addition to financial issues, the couple have also tangled over custody of their seven children, as I noted in a post last year. Gibson also has a two-year old child with his now-estranged ex-girlfriend Oksana Grigorieva, with whom he is also engaged in California family law litigation. Though few details of the Gibson-Moore agreement have made it into the public realm, Showbiz Spy reports the agreement is expected to achieve final approval from the Southern California divorce court judge hearing the couple's case sometime next month.

The Gibson-Moore divorce offers a reminder that even particularly complex settlement issues can be resolved with a combination of perseverance and professional skill on the part of a Los Angeles or Orange County divorce and child custody lawyer. Southern California has seen a number of high-profile, high-net-worth divorces turn into expensive and protracted affairs in recent years. When the issues involved in an Orange County divorce are especially difficult, it can be reassuring to know that your attorney is with you for the long haul.

Los Angeles Times: Mel Gibson reaches divorce settlement with Robin Moore

Showbiz Spy: Mel Gibson reaches divorce settlement with wife

It took six months to wrap-up Ryan Reynolds' and Scarlett Johansson's two-year marriage. As America headed into the Fourth of July weekend, US Magazine and other celebrity-watching publications reported that the celebrity couple finalized the Los Angeles divorce Reynolds filed for last December.

In the aftermath of the couple's break-up Reynolds told an interviewer that things had "changed" between him and Johansson in the wake of their 2008 wedding in his native British Columbia, US reports.

The website News Vindication.com reports that the couple did not have a California prenuptial agreement. As a result, "they split all their property and earnings that accumulated during their marriage evenly," the site says. This fact provides a useful remainder of the nature of California's community property laws. While they are often popularly believed to apply instantly to everything each partner brings into a marriage the fact is that California law distinguishes between assets earned or acquired during the marriage and property each spouse has at the time of the wedding. Few details of the couple's final Southern California divorce settlement have made it into the media, but it is known that they purchased an expensive home in Los Angeles shortly before the divorce.

From the perspective of an Orange County divorce lawyer it is worth noting that amid the usual array of loud and messy celebrity divorces Reynolds and Johansson managed to keep their romance, marriage and, ultimately, their break-up fairly low-key. This should offer a degree of reassurance to the rest of us that even an Orange County divorce that might seem destined to become messy and public can be carried out relatively quietly and amicably.

Your divorce lawyer's job is to defend your interests and help guide you through the often confusing world of California and Orange County family law, but it is also to see that things become no messier or more contentious than they need to be.

News Vindication: Scarlett Johansson and Ryan Reynolds Finalize Divorce

US Magazine: Ryan Reyonlds, Scarlett Johansson's Divorce Finalized

Hollywood director Jason Reitman recently filed legal papers in a Los Angeles court seeking a California divorce from his wife, Michele Lee according to the celebrity-watching magazine OK!. Reitman is the Oscar-nominated director of such movies as Juno and Up in the Air.

The court papers reportedly cite the reliably standard (and reliably vague) "irreconcilable differences" as the reason for the Los Angeles divorce. According to Digital Spy, another celebrity-tracking publication, the couple have been married for just over seven years and have one child, a daughter. The early accounts of their Southern California divorce petition do not say how Reitman and Lee hope to resolve the issue of child custody, though if this break-up follows the pattern for celebrity divorces we should have some sense of that issue soon enough.

Neither do the publications offer any insight into either the size of the Reitmans' marital estate or whether the couple have a Orange County or Los Angeles County prenuptial agreement in place. As I have noted in earlier entries, however, it is also important to remember that pre-nups are not necessarily ironclad documents. Courts are free to examine them, and in extreme cases, may even throw out a California prenuptial agreement if they believe the terms are grossly unfair to one party or the other.

Sorting out potentially complex legal issues such as these is a one of the key services an Orange County divorce and family law attorney can offer clients. Every divorce is different, so a careful examination of the complete range of issues affecting any particular split is a crucial first step in the legal process. An Orange County divorce lawyer's first responsibility is to defend your interests while making the process as smooth as possible.

Digital Spy: Jason Reitman files for divorce from Michele Lee

OK!: Jason Reitman, 'Juno' Director, Files for Divorce

Apollo 11 astronaut Buzz Aldrin has filed a California divorce petition in Los Angeles, seeking to end his marriage to Lois Cannon, according to MSNBC.

Aldrin, the second human to set foot on the moon, is 81. He and Cannon have been married for 23 years. The couple have no children, though Aldrin has three grown kids from his first marriage (Cannon is his third wife).

Though Aldrin was in the military when he was part of the space program in the 1960s, he has recently emerged as a pop culture figure beyond the world of space aficionados. The former astronaut has appeared on popular TV shows such as 30 Rock, Dancing with the Stars and WWE Raw Live, the website notes. He is also an author and has been involved in efforts to promote commercial spaceflight. All of this presumably makes for a marital estate far larger than that of most military retirees.

MSNBC does not say whether or not Aldrin and Cannon have a California prenuptial agreement in place. Presumably the bulk of their assets - including the substantial paychecks Aldrin would have drawn on a program like Dancing With the Stars - will now be subject to the state's community property laws.

Untangling situations such can be difficult. Doing so can be especially difficult without the assistance of an Orange County divorce lawyer. We have here a couple in which the main breadwinner has been married before - and may still be liable for payments related to those earlier marriages - but where a significant portion of the assets from a long marriage were probably acquired relatively recently. Assessing these sort of complexities is one of the most important services an experienced Santa Ana, Costa Mesa or Anaheim family law attorney can offer.

MSNBC: Buzz Aldrin breaks up with third wife

The internet is a buzz over the news that Hugh Hefner and fiance, Crystal Harris, called off their wedding. Reports claim that Harris did not like Hefner's playboy lifestyle. Harris was quoted as stating "[t]his isn't the lifestyle for me, multiple girls around all the time, the Playboy lifestyle. I don't know. I just wanted to be true to myself." (Hello! You have been a playboy playmate for how long?) I'm not sure if that's just an excuse of if she only wanted to marry Hefner for fame, status and to further her music career.

At any rate, its a good thing these two decided to break it off before tying the knot. As we all know, once you get married, the divorce process is a much more stressful and emotional on every level for both parties. There are a lot of issues that could have arisen had these two gotten married and decided to divorce months or even years later. For one, unless the parties had a prenuptual agreement in place to protect their assets (separte property and community property), Hefner could face potential spousal support payments to Harris.

Secondly, if these two would have had minor children in the future, child custody and visitation issues along with child support issues would have to be dealt with.

Finally, unless a prenuptual agreement is written up, these two would have to deal with the division of community property issues.

From an Orange County divorce lawyer's perspective, all these divorce issues are moot as Hefner and Harris broke their relationship off before getting married.

This is why contacting an Orange County divorce lawyer is imperative to handling your divorce. You want to make sure all issues are dealt with in your favor and reasonably.

Souce: Hugh Hefner, Crystall Harris's Wedding is called off

Crystal Harris blames Hugh Hefner's Playboy lifestyle as reason for calling off the couple's wedding

A recent article in the newsletter Investing Answers offers some excellent tips on prenuptial agreements - things anyone here in Orange County or elsewhere should keep in mind as they consider whether to ask a fiancée to sign a prenup and, if so, what the document ought to say.

The central take-away from the piece is that while pre-nups can be very useful (indeed, some couples may consider one essential), there are also several popular misconceptions about the documents. The biggest one concerns what a prenuptial agreement can and cannot do.

As the article notes, "a well-drafted pre-nup can even 'override' both Community Property law... and Equitable Distribution state law." The key phrase there, of course, is "well-drafted," and it is important to understand that there are limitations. Judges are free to throw out pre-nups they deem to be grossly unfair to one party or the other either in the way the document was originally conceived or in its practical effects at the time of a divorce (for example, if a couple's circumstances have changed so radically in the years since the document was signed as to render it patently unfair). As the article further notes: "The agreement must also be signed early enough before the wedding date to avoid a later claim of coercion."

Similarly, it is important to understand that a pre-nup cannot be used to sweep away certain obligations. It can't, for example, say that one party or the other will never have to pay child support. Pre-nups also cannot pre-emptively resolve custody issues concerning children who have not yet been born (in other words, you can't say 'If we have kids and later break up this or that parent will have primary custody').

Obviously the particulars of an agreement, indeed, whether a prenuptial agreement is the right course at all, will vary for every couple. This is an area in which it is important to seek, and receive, experienced legal advice from an Orange County family law attorney. The basic decision concerning whether or not to draft a pre-nup is, itself, a significant step for any couple; one that should only be taken after careful consideration.

Investing Answers: 4 Things Everyone Should Know Before Signing a Prenuptial Agreement