Articles Posted in Prenuptial Agreements

Former UM standout and Super Bowl hero Jeremy Shockey has decided to end his marriage — just eight months after tying the knot.

According to Miami-Dade County court records, local resident Shockey cited irreconcilable differences in the short filing against wife Daniela Cortazar.

A source close to Shockey said the former tight end has an iron-clad prenuptial agreement in place. Shockey hung up the phone on Gossip Extra when asked about the divorce..

Kim Kardashian may find herself legally married to one man while having another’s baby.

The reality star is allegedly calling estranged hubby Kris Humphries “spiteful and vindictive” for dragging out their messy divorce, sources tell TMZ.

While she has no plans to walk down the aisle with baby daddy Kanye West any time soon, the gossip site reports she is desperate to end her marriage with Humphries.

After being separated for over a year, Ashton Kutcher is finally pulling the plug on his marriage to actress, Demi Moore. The couple were married for 7 years and do not have any children together.

Kutcher’s filing does not indicate that the couple has a prenuptial agreement. If that is the case, from an Irvine family lawyer’s perspective and according to California community property law, all property acquired by the parties during the marriage will be split equally.

Additionally, since the couple was married for 7 years, the higher wage earner will have to pay the other spouse spousal support for one-half of the length of the marriage.

Melanie Lynskey, who most of us know as the crazy neighbor Rose on “Two and a Half Men”, has announced that she will be divorcing her “Always Sunny In Philadelphia” star husband, Jimmi Simpson.

The divorce petition as filed on September 25, citing irreconcilable differences. The papers also state that the couple have been separated since April of this year. The couple do not have any minor children.

From an Orange County divorce lawyer’s perspective, in any divorce like this, several issues need to be resolved such as spousal support or alimony and property division. If the couple has a prenuptial agreement in place, it will likely set forth the amount of spousal support to be paid to the recipient and the breakdown of how they want their community assets and debts divided.

Former Redskins veteran tight end, Chris Cooley, is getting a divorce from his second wife, Christy Oglevee.

The divorce papers were filed on August 29, 2012 in Loudoun County. The couple separated in January 2012 of this year. The couple also do not have a prenuptial agreement. Despite that, we’re told that the couple has already hammered out a settlement agreement.

This case is a good example of why it is important to have a prenuptial agreement in place. If you have substantial assets prior to entering the marriage, you will want a prenuptial agreement to protect your assets in the event of a Los Angeles County or Orange County divorce.

The Los Angeles County divorce judgment for Paypal founder, Elon Musk and his ex-wife, Talulah Riley has been finalized. The parties were married for less than 1 year. They do not have any minor children together.

According to the Judgment, Riley will be receiving a $4.2 million settlement. Musk is worth about $680 million.

The $4.2 million will be disbursed to Riley over a 9-year span. Riley received $500,000 up front and an additional $900,000 after the judgement documentswere signed.

A prenuptial agreement is a practical approach to protect assets acquired in the past and after the marriage. In the event things do not work out, a well-drafted prenup can help avoid a contentious split and costly litigation.

So when might a prenuptial agreement be a good idea? Consider the following questions in making a determination about whether a prenuptial agreement might be right for you:

Do you have significant assets that you are concerned about keeping if your marriage does not survive?

Wonder Years star, Danica McKellar has filed for divorce, according to Danica and her husband, music composer, Mike Verta, were married on March 22, 2009 in San Diego. The date of separation was not revealed on TMZ. The couple have a one-year old son.

From an Orange County divorce lawyer’s perspective, because this marriage is a short term marriage of less than 10 years, the recipient of spousal support will only be entitled to receive same for 1/2 of the length of the marriage unless there is a prenuptial agreement in place. TMZ reports that there is a prenuptual agreement in place. Having a prenuptial agreement in place when you have substantial separate property assets is definitely a smart move.

Additionally, since the couple has a one year old son, they will have to come up with a reasonable parenting plan in their son’s best interest. This is why hiring a Santa Ana divorce lawyer skilled in child custody and visitation issues is imperative. Once child custody and visitation is finalized, the couple will need to work out a child support amount.

Actor, Martin Lawrence, has filed for a Los Angeles County divorce from his wife, Shamicka Lawrence. The parties were married for less than two years. Martin and Shamicka were a couple for 15 years prior to their marriage. They have two minor children, ages 9 and 11.

According to the Los Angeles County divorce petition, Lawrence is seeking joint legal custody and joint physical custody of their two children. If Lawrence’s request for joint legal custody is granted, he would share the decision making duties with respect to the health, safety and welfare of their children. If Lawrence’s request for joint physical custody is granted, he would essentially have physical custody of the children 50% of the time.

Additionally, the couple also have a prenuptial agreement in place. Like in any type of prenuptial agreement, it likely spells out how their community property is to divided, how much spousal support should be paid to Shamicka, among other issues. What is not included in said prenuptial agreement is a child custody and visitation plan. The determination of an appropriate child custody and visitation plan is usually litigated in court or agreed to between the parties. Sometimes a 730 evaluator is appointed or Minor’s Counsel is appointed to determine the best interest of the children.

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.

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