Articles Posted in Divorce

Just days after Harvey Weinstein said his wife, Marchesa fashion designer Georgina Chapman, was standing by him, Chapman now says she has chosen to divorce her husband.

Chapman said in a statement to tabloids, “My heart breaks for all the women who have suffered tremendous pain because of these unforgivable actions. I have chosen to leave my husband. Caring for my young children is my first priority and I ask the media for privacy at this time.” Therefore child custody and visitation will be an issue in Harvey’s case.  However, it will be interesting how the allegations turn out.  Because if the mere lechery of Harvey is all that sticks his visitation rights may not be impaired.  But if rape allegations an forceful sex are proven in court his custodial rights will definitely be limited and a fight will ensue that will be rather difficult for Harvey.  The couple have two young children 7 and 4 which will need a stable environment to thrive.  It is unclear if that can be achieved under these conditions Harvey finds himself in.  A bond has definitely been established and it is still very important for young children’s growth to have frequent contact with both parents.

Weinstein said he supported Chapman’s decision to leave him, in a statement quoted in Page Six. “​I support her decision, I am in counseling and perhaps, when I am better, we can rebuild. Over the last week, there has been a lot of pain for my family that I take responsibility for,” Weinstein said. All these things said are great for public sentiment.

Lawyers for Linda Macklowe accused 432 Park Avenue’s developers of “playing dirty” and violating a slew of laws by surreptitiously filings plans to downsize her unit — and then trying to force her to close on the $14.4 million pad.

“We shouldn’t have to close when they are playing dirty,” argued Adam Leitman Bailey, an attorney for Harry Macklowe’s estranged wife, who said the closing should be delayed until the former couple’s $2 billion divorce is final and their assets divvied up. “This isn’t the time when you decide to close or not,” he added. In divorce proceedings the division of property can be done at any time during the divorce proceedings.  often if there is no resolution then the trial will decide the fate of unresolved division of property issues.  Often before the divorce is final certain provisions will be made by the parties to provide temporary or permanent division so that at some level the parties can go on with their lives.

According to Bailey, Harry is getting preferential treatment from 432 Park’s developers — CIM Group and (ahem) Macklowe Properties — since he never received a closing notice even though he’s in contract to buy the apartment next to hers on the 78th floor. “They’re not playing fairly,” charged Bailey, whose navy pinstriped suit was torn at the shoulder, the result of vociferous arguing in court that morning. “He’s going after her money.” Having a third party lawyer represent Harry’s interest in real property is an very passive aggressive maneuver to obviously push his wife into making decisions she is not comfortable making at this time.

Earlier this week, we reported that Daniel “Booby” Gibson, was requesting full custody and spousal support from his estranged wife Keshia Cole. As you can imagine the internet did not approve of the request. Not only because the two seemed to have a healthy co-parenting relationship but also because as a former NBA player, Gibson doesn’t need any of Keshia’s money…or he shouldn’t, anyway. This idea that a spouse that earns more money should not in any way ask the other spouse to pay their share of spousal support is very interesting.  As an ex NBA player he should not be banned from requesting from Keshi Cole that she pay Spousal support.  The law is gender neutral and in order to respect the law The Court must take into all accounts the income and need of both parties as part of the divorce proceedings.

When the news hit the internet, folks felt a way.

 Later, Gibson’s lawyer released a statement saying that making requests for the worst case scenario was common practice in family law.

A couple in Canada who decided to divorce after 35 years of marriage had to go to court to settle one of the more important aspects of their separation: Who gets their Edmonton Oilers season tickets? Often during the divorce there are issues regarding the division of property.  Usually the house is the main issue.  In others people have to divide personal property such as jewelry, cars, dogs and cats and other belongings people acquire over there long term marriage.

Often people have to deal with other financial issues such as spousal support and in long term marriages that can be a huge issue.

Beverly and Donald McLeod separated in 2015, with Donald agreeing to pay Beverly $15,000 per month in spousal support. But they needed a court order to decide what to do with the hockey tickets they had shared for the past 11 years.

Terrence Howard‘s taking an “L” in his longstanding spousal support war with his ex-wife … who just won in appeals court. This divorce case of Terrence Howard has been going on for years.  This shows how a case in the Family law court system can last as it seems forever.  A case such as Howard’s should make a person involved in a divorce reflect is it really worth it to drag a case out for years to achieve exactly what? To lose money? Im sure Terrence lost thousands paying his family law attorneys and his appellate lawyers to drag a case out for spite and contempt of heart.  Noone wins in cases that drag out over years to fight and fight and win absolutely nothing but lose thousands to the Family Court system.

In Terrence Howard’s case he chose to fight a payment of spousal support to his ex wife.  Often the appellate process can take years because of the nature of the appellate process in the Superior Court system. Often the Trial Court family law judges are permitted what is called broad discretion to handle their family law cases such as spousal support. Since the appellate three judge panel is permitted broad discretion to rule on spousal support matters that makes it difficult for an appellate court to overturn cases that the trial judge ruled on.

According to court docs, Michelle Ghent Howard got a ruling on their spousal support overturned. Two years ago, Terrence convinced the court he’d been forced to sign their marital settlement under duress. He claimed she was threatening to go public with naked photos and videos. Interestingly, Terrence claimed the threat of putting nude photos of himself on the web was enough to coerce him into signing a contract.  Often when once thinks of duress they think of someone facing physical or severe emotional harm. Terrence claims duress was fear of nude photos of himself leaked.  Often the defense to a signing of any contract in the State of California would be duress or coercion.  In addition, if a party claims they did not sign a contract without their consent it could be a plausible defense to signing the contract.

Harry Macklowe was in a fist-bumping kind of mood.

As the hours dragged by on Wednesday, the billionaire developer took a breather from his high-stakes divorce proceedings and stepped out of the courtroom briefly, playfully greeting a photographer on his way back in. But Judge Laura Drager wasn’t in the mood, and she chastised Harry after he stopped to peer at a reporter’s laptop.

“Excuse me, Mr. Macklowe, please!” she said.

When it comes to divorce, not all assets are equal
It might be the only thing the two sides in a divorce can easily agree on: it’s no fun.

On top of the emotional toll, financial missteps during the process can leave you in far worse shape than you intended. And the more intertwined you and your spouse’s finances are, the more closely you’ll need to pay attention while untangling them.

ASHLAND, Ky. (CN) – Two lawsuits against Kentucky county clerk Kim Davis – who refused to marry same-sex couples after the historic U.S. Supreme Court ruling legalizing gay marriage – will proceed, but only against Davis in her individual capacity, a federal judge ruled.  That measns that the federal that passed will allow same sex couples the same rights concerning divorce as other not same sex couples.

Davis, clerk of Rowan County, Ky., spent five days in jail in 2015 after she was held in contempt of court for refusing to issue marriage licenses for same-sex couples, following the Supreme Court’s landmark decision in Obergefell v. Hodges. She claimed her beliefs as an Apostolic Christian prevented her from sanctioning the unions.

In a pair of 21-page rulings issued Friday, U.S. District Court Judge David L. Bunning disagreed with Davis’ assertion that her policy created a “mere inconvenience” to gay couples – whom she said could have traveled to another county to obtain licenses – and refused to dismiss personal-capacity claims against her.

Veteran financial fraud investigators had never seen anything like it before: A bankruptcy scam in which an Indiana woman stole her husband’s identity—while they were still married—and began to loot his 401(k) retirement fund and other assets.

“This was certainly a unique case,” said Special Agent Doug Kasper, who supervised the investigation from the FBI’s Indianapolis Division. Even after 58-year-old Patricia Bippus-Allen was sentenced to five years in federal prison in July after pleading guilty to conspiracy to commit bankruptcy fraud, subornation of perjury, wire fraud, and aggravated identity theft, investigators remain uncertain about her motive or what she did with the money.

What is certain, however, is that Bippus-Allen devised an elaborate bankruptcy fraud to gain access to her husband’s wages, and she made multiple unauthorized withdrawals from his 401(k) retirement account—all with the help of her brother, who impersonated her husband.

Serial sexter Anthony Weiner’s been exposed again.

This time a Manhattan judge has yanked a confidentiality caption that was shielding the disgraced pol’s divorce case with his soon-to-be ex-wife, Hillary Clinton aide Huma Abedin, from the public. Documents that  are sealed usually have some sensitive information in  them that cannot get out to the public.  However, in Weiner’s case it is obvioius there is no sensitive information that needs to hidden from the public.  Any minor victim of  Anthony Weiner will not be listed in any public record because of their age.  Weiner’s criminal history does not fall under confidentiality principles of law.

In  California the judge must find certain factors in order to seal court documents such as an overriding interest exists that overcomes the right of public access to the record, the overriding interest supports sealing the records; a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; the proposed sealing is narrowly tailored; and no less restrictive means exist to achieve the overriding interest.