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

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

Actress Mena Suvari is ending her marriage to concert producer, Simone Sestito. The pair were married for only 18 months. Suvari and Sestito married in June 2010 in Italy, holding a private church in the Vatican City in what the pair called a "romantic" wedding. The couple met at the Toronto Film Festival in 2007 and were engaged in 2008.

This will be the second divorce for Suvari. Further, the couple do not have any minor children together.

From an Orange County divorce lawyer's perspective, because the parties were only married for a short term, the recipient of spousal support will only be able to obtain same for one-half of the length of the marriage.

Since the couple do not have any children, there will not be any Los Angeles County or Orange County child custody, child visitation or child support issues to deal with.

Hopefully the pair can work out their differences and come to a expeditious resolution to dissolve their property issues. It is unknown if the couple have a prenuptual agreement. If so, it will make the finalization of their divorce a lot easier.

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

Sourcce: Mena Suvara files for divorce

First Kim Kardashian decided to divorce her husband Kris Humphries after 72 days of marriage. Now, Sinead O'Connor is splitting with her husband after 18 days of marriage. This is O'Connor's fourth marriage. O'Connor states on her website the reasonfor the divorce is as follows:

"Dear friends, I had for reasons u will all understand, wished to keep this private but have been told today it is to be leaked in the next few days despite my best efforts. So I must now leak it myself so as the record is straight ... From the moment myself and my husband got together not long ago, there was intense pressure placed upon him by certain people in his life, not to be involved with me. These were people who had never met me but had formed opinions of me based on what they read about 'Sinead 'O'Connor' in the media etc. Entitled as they are to their opinions about me many perhaps well deserved, there was no righteousness on anyone's part to put my husband through what he was put through as a result of his desire to be with me and to marry me and as a result of his actually marrying me."

From an Orange County divorce lawyer's perspective, considering the marriage lasted only 18 days, same is a marriage of short duration. If a party wanted to request spousal support from the other, that person would only be entitled to receipt of same for 9 days (1/2 of the length of the marriage).

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

Source: Sinead O'Connor splitting with husband after 18 days of marriage

According to TMZ, Dan Cortese has filed for a Los Angeles County divorce from his wife, Dawn. The parties married back in 1994 and have two minor children together. Further, according to court documents, the couple put their Malibu home on the market back in June of this year.

From an Orange County divorce lawyer's perspective, the parties here will have to deal with issues relating to spousal support, child support, child custody and child visitation.

Considering the parties were married back in 1994 and if their date of separation was sometime this year in 2011, this would be a marriage of long duration, which means the recipient spouse would be entitled to spousal support for more than 1/2 the length of the marriage and that the court would retain jurisdiction over same.

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

Source: Dan Cortese Files for Divorce

The writer behind the HBO hit, Sex and the City, Candace Bushnell, is divorcing her husband of nine years. In 2002, Bushnell married ballet dancer, Charles Askegard.

A friend told the New York Post: "This has been coming for a long time. They have been living increasingly separate lives. Candace has been spending more and more time in the country at her house in Connecticut, while Charles has been in the city working. He has been going through a huge career transition."

From an Orange County divorce perspective, the parties herein will have to work out issues pertaining to spousal support. Since the parties were married for less than ten years, in California, the recipient of spousal support would be entitled to receive same for one half of the length of the marriage. From reports throughout the web, it is unknown if the parties have any minor children together. If so, they would also have to work out issues pertaining to child custody, child visitation and child support.

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

Source: Sex and the City creator Candace Bushnell files for divorce from ballet dancer husband of nine years

Olympic gold-medal-winning skier Lindsey Vonn and her husband, Thomas Vonn, have announced they will be divorcing after four years of marriage.

Lindsey Vonn said she will keep her married name. She was known as Lindsey Kildow before her 2007 marriage.

"This is an extremely difficult time in my personal life and I hope the media and my fans can respect my need for privacy on this matter," she said in a statement.

In addition to being her husband, Thomas Vonn coordinated his wife's interviews and served as a quasi-coach. He said he is ending all input concerning her career.

From an Orange County divorce lawyer's perspective, if the couple were to divorce in the State of California, with respect to spousal support, the recipient spouse would only be eligible to obtain spousal support for one-half of the length of the marriage considering this is a marriage of short duration (less then 10 years).

At any rate, the couple do not have any children so any disputes concerning child custody and child visitation would not be raised.

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

Source: Lindsey Vonn, husband to 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?!

I guess the rumors swirling around about Ashton Kutcher's one night stand was true. If you haven't heard, Sara Leal alleged that she had a one night stand with Ashton on his 6th wedding anniversary to Demi, causing the media to speculate that Demi and Ashton's marriage was doomed. Indeed, it was announced today that Demi Moore and Ashton Kutcher have decided to divorce after six years of marriage. The couple have no children together.

From an Orange County divorce lawyer's perspective, at the moment it is unknown whether the couple have a prenuptual agreement to protect their assets. If not, one party will be entitled to obtain spousal support from the other for a duration of one-half of the length of the marriage or 3 years.

Although Demi has three daughters with her ex-husband, Bruce Willis, Demi and Ashton will not have to deal with any Los Angeles County child custody or visitation issues as they do not have any children together.

The couple will have to deal with issues regarding property division and attorney fees and costs, should they decide to hire attorneys to finalize their divorce.

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

Source: Demi Moore, Ashton Kutcher to Divorce

Charmed star, Holly Marie Combs, has filed for a Los Angeles County divorce from her husband, David Donaho, after 7 years of marriage.

The couple have been together for more than a decade after meeting on the set of Charmed, with the co-leading lady partnering up with the then-key grip of the production back in 2001. The couple have three kids together, Finley, 7, Riley, 5, and Kelley, 2.

From an Orange County divorce lawyer's perspective, some of the issues that have to be dealt with are child custody, child visitation, child support, spousal support and property division.

We also note that the couple was only married for 7 years, which means the recipient of spousal support will only get support for one-half of the length of the marriage since this is a short-term marriage.

At any rate, if you are considering filing for divorce in Los Angeles or Orange County, contact an Orange County divorce lawyer for more information.

Source: Holly Marie Combs No Longer Bewitched by Husband, files for divorce

Last Thursday, Jim Carrey's daughter, Jane, filed for divorce from her husband, Alex Santana. The couple were only married in November of 2009. The couple have a 20 month old son named Jackson.

Jim Carrey, 49, confirmed his daughter's separation from her husband of one year in December of 2010. "The couple will remain friends, as well as devoted parents to their [son] Jackson Riley," his rep, Marleah Leslie, told Us at the time.

From an Orange County divorce lawyer's perspective, the couple were married for only a short time- a short term marriage. So any spousal support owed should only be for one-half of the length of the marriage.

Additionally, the couple have a 20 month old son, Jackson. They will have to work out a child custody and visitation schedule along with a determination of child support.

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

Source: Jim Carrey's Daughter, Jane, files for divorce

According to legal documents obtained by TMZ, in a Request for Trial Setting, Melissa Etheridge, 50, and Tammy Lynn Michaels, 36, are fighting over child custody, child visition, child support, spousal support, division of property and attorney's fees. Looks like the couple have not settled their differences and the matter is getting ready to be set for trial.

From an Orange County divorce lawyer's perspective, with respect to child custody and visitation issues, the former couple will have to work out an appropriate parenting plan for their twins. Once an appropriate parenting plan is worked out, the next issue to be dealt with is child support. Generally speaking, child support is based on timeshare and gross monthly income of the parties. There are other factors such as interest deductions, mandatory retirement etc. but I won't get into that here. At any rate, the more time a noncustodial parent visits with the child, the less child support he or she will end up paying. So, it'll be interesting to see how this case plays out in court.

Another interesting note is that Michaels is requesting spousal support from Etheridge. However, the issue of whether the vows they exchanged back in 2003 will hold muster. Was it a real binding marital ceremony or simply a non-binding commitment ceremony? At either rate, on a permanent spousal support level, Family Code section 4320 factors will likely come into play if the court finds that there was indeed a binding commitment ceremony.

At any rate, if you have any issues relating to divorce, child custody, visitation or spousal support, contact an Orange County divorce lawyer for more information.

Source: Melissa Etheridge, Ex fighting over custody, spousal support

In Orange County or Los Angeles County, when calculating child support or spousal support, the court takes into consideration the gross income of the parties in determining same, among other factors. So, in California, what is considered gross income?

Under the statewide guideline, gross income includes income from any source except income derived from (1) child support payments actually received or (2) any public assistance program for which eligibility is based on need.

Gross income includes, but is not limited to the following:

- Income such as commissions, salaries, royalties, wages, bonuses, rents, dividends, pensions, interest, trust income, annuities, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, social security benefits, and spousal support actually received from a person not a party to the order at issue. (Family Code section 4058(a)(1).

- Income from the proprietorship of a business (gross receipts less expenditures) (Family Code section 4058(a)(2); and

- In the court's discretion, employee benefits or self employment benefits, taking into consideration the benefit to the employee or self-employed person, any corresponding reduction in living expenses, and other relevants facts. (Family Code section 4058(a)(3).

For more information on obtaining an Orange County or Los Angeles County divorce, contact an Orange County divorce lawyer for more information.

In Orange County or Los Angeles County, when calculating child support or spousal support, the court takes into consideration the gross income of the parties in determining same, among other factors. So, in California, what is considered gross income?

Under the statewide guideline, gross income includes income from any source except income derived from (1) child support payments actually received or (2) any public assistance program for which eligibility is based on need.

Gross income includes, but is not limited to the following:

- Income such as commissions, salaries, royalties, wages, bonuses, rents, dividends, pensions, interest, trust income, annuities, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, social security benefits, and spousal support actually received from a person not a party to the order at issue. (Family Code section 4058(a)(1).

- Income from the proprietorship of a business (gross receipts less expenditures) (Family Code section 4058(a)(2); and

- In the court's discretion, employee benefits or self employment benefits, taking into consideration the benefit to the employee or self-employed person, any corresponding reduction in living expenses, and other relevants facts. (Family Code section 4058(a)(3).

For more information on obtaining an Orange County or Los Angeles County divorce, contact an Orange County divorce lawyer for more information.

The actress who played, Jackie, on Roseanne, is getting a Los Angeles County divorce from actor-husband, Matt Roth, after 6.5 years of marriage. The couple have been separated since November of 2008. They have three minor children together, Will, 17, Donovan, 11, and Mae, 6. Metcalf is citing irreconcilable differences and Roth is requesting joint legal and joint physical custody of the parties' children.

From an Orange County divorce lawyer's perspective, this particular marriage is a marriage of short-term, only 6.5 years of marriage. In terms of spousal support, the recipient spouse, if he/she requests same, will be entitled to spousal support for one-half of the length of the marriage. Additionally, the parties will have to work out a child custody and visitation plan for the three children.

Further, after child custody and visitation is worked out, child support will have to be dealt with as well. Since Roth is requesting joint physcial custody (meaning he will have custody of the children 50% of the time), any child support due to the recipient will be affected by said 50% timeshare, among other factors.

At any rate, if you have an Orange County or Los Angeles County divorce matter, contact an Orange County divorce lawyer for more information.

Source; Laurie Metcalf is getting divorced