Orange County Divorce Lawyer Blog

A spokesman for John Mellencamp confirmed last week that the rocker and his wife of 20 years, Elaine, plan to divorce, according to the Associated Press. It was unclear from the agency report, as well as accounts of the break-up on a number of celebrity-watching blogs, whether the couple plan a California divorce or intend to file in another state.

Mellencamp is famously from a small town in Indiana - a fact he has built into many of his hit songs (including one about his marriage to Elaine, a former model). The couple have been raising their children in Indiana, according to the AP, but also own property in California and, by some accounts, may seek to finalize their divorce here.

If these reports are accurate that would make Mellencamp's split the latest in a growing line of celebrity break-ups to involve jurisdictional questions. As Winiviere Sy and I have noted in earlier posts, celebrities and their spouses can have a number of reasons for seeking a California or Orange County divorce, or for seeking to avoid one. Shaquille O'Neal's wife sought to establish residency here shortly before her break-up with the basketball star, apparently with an eye on California's community property laws. A similar focus on community property may lead Michael Douglas' ex-wife Diandra into a Los Angeles or Orange County family law court as she continues her battle for a share of the money his earnings from the latest Wall Street movie. Sandra Bullock, in contrast, filed for divorce in Texas with an eye toward avoiding public scrutiny.

Looked at that way, what the Mellencamp situation highlights is the importance of strong, experienced legal counsel whenever one embarks on a potentially difficult and complex life decision, such as a Los Angeles or Orange County divorce. An Orange County divorce and family law attorney can advise clients on strategies that are both attuned to their personal circumstances and designed to protect their interests where property, money and, most importantly, California child custody and visitation are concerned.

AP via Huffington Post: John Mellencamp & wife Elaine SPLIT: Divorce after 20 years

Two months after the news broke that Miley Cyrus' parents, Billy Ray and Tish, are seeking a divorce after 17 years of marriage, celebrity websites are now reporting that the family's Toluca Lake home has been put up for sale. According to Canada's CTV News the family mansion is on the market and "Tish has reportedly been spotted looking for homes in Encino and is believed to be downsizing to a $4.6 million pad."

As I noted in a post last month, Billy Ray and Tish filed for divorce in Tennessee (where Billy Ray is originally from) citing "irreconcilable differences." Questions remain regarding how, exactly, the couple can get divorced in Tennessee granted that they rather obviously live in California. Also remaining to be seen is how this residency question may effect the eventual division of the couple's California assets.

Regardless of whether this case moves forward in Tennessee or becomes a Southern California divorce, however, one potential California child custody question has now resolved itself: in the weeks since the divorce petitions were filed Miley, the family's main breadwinner, turned 18 (custody of two younger children remains to be determined).

The Cyrus divorce case is a good reminder for the rest of us of the importance of careful planning when embarking on a Los Angeles or Orange County divorce. Residency questions can become difficult, particularly for high-net-worth couples who may own homes in multiple jurisdictions. Changing your legal residence for divorce purposes may not be as easy as some people believe (these things vary widely from state to state) and even a successful effort to move a case out of Orange County or some other Southern California venue does not necessarily mean that California's community property laws will not become a factor in settlement negotiations as they move forward.

All of these are matters in which the advice of a skilled Orange County divorce attorney can be crucial - possibly meaning the difference between a settlement that protects all of your rights and a more lopsided agreement.

CTV News: Miley Cyrus' parents put house up for sale

Late last week word broke in the celebrity press of the impending divorce of Miley Cyrus' parents: country music star Billy Ray Cyrus and his wife Tish. The details, in some ways, were standard celebrity divorce fare: legal papers citing "irreconcilable differences", a report that Billy Ray is seeking joint custody of Miley and her two minor siblings, statements issued through publicists acknowledging that this is a difficult time for the family and asking for public understanding.

Buried in all of this, however, was an interesting detail: the divorce papers were filed in Tennessee. How is that possible? As any quick search of the universe of Miley Cyrus-obsessed websites will tell you, the Cyrus family lives in a mansion in North Hollywood. Wouldn't that make the parents California residents and, therefore, subject to a California divorce?

The idea of a California couple filing for divorce in another state - especially when the couple are celebrities seeking to avoid public scrutiny - is not unprecedented. As I noted last spring, Orange County residents Sandra Bullock and Jesse James filed their divorce papers in Austin, Texas.

Moving to a less prominent jurisdiction may or may not make matters easier, however. As with so many other things concerning California divorce, every couple - and every couple's situation - is different. In the case of the Cyrus', for example, there is not only the question of using Tennessee as a venue while the family lives in California, there is also the fact that the family's main breadwinner - Miley - is a minor, for whom Tish functions as manager. The potential here for complicating discussions over child custory is obvious.

While Orange County divorce cases presenting this level of potential complexity are relatively rare they do highlight the importance of having experienced legal counsel in your corner at every stage of the divorce process. An experienced Orange County divorce attorney can be your most important ally in sorting through these and other complex legal matters.

Contactmusic: Miley's Mum and Dad to Divorce

Monsters and Critics: Miley Cyrus: Parents 'file for divorce'

Monsters and Critics: Billy Ray Cyrus seeks joint access to kids

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

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.