We have previously blogged that Vanessa Bryant filed for divorce from her basketball superstar husband, Kobe Bryant. Recently, Vanessa has refused to sign the paperwork and make her divorce final. Apparently her and Kobe are pursuing a full reconciliation of their marriage. Since Vanessa filed for divorce, the couple was caught kissing on Valentines Day. Later, they were seen estranged at a basketball game claiming to be “very good friends.” Currently Kobe has not moved back in with his wife however, he already signed over to her the deeds to all three of the couple’s mansions.
Vanessa filed for divorce on December 1, 2011. Under California Family Code section 2339, no judgment of dissolution is final for the purpose of terminating the marriage relationship of the parties until six months have expired from the date of service of the petition and summons on the respondent. This means that a couple cannot obtain a divorce and become legally single without waiting six months. For Vanessa and Kobe, that period has expired and Vanessa could seek to terminate her marital status as early as June 25, 2012.
The couple has already decided how to split their assets which includes a $75 million dollar pay out to Vanessa in addition to child and spousal support. However, this back and forth between the couple may have legal significance depending on their current agreement. Absent an agreement to the contrary, for the purposes of property division, any property acquired by either spouse between the date of marriage and the date of separation is community property. This property consists of both earnings and acquisitions and is divided equally upon divorce. Reconciliation has the potential to blur the lines between separation and marriage.
Married couples do have the power to determine the division of marital assets through other forms of agreements. If a couple marries without a premarital agreement, they still have the option to create a post-marital agreement. Under California Family Code section 1500, the property rights husband and wife may be altered by a marital property agreement. The statutory default rules discussed above regarding community property rights may be altered by an agreement between the parties. If no agreement exists, the court will simply apply the default rules according to the California Family Code. Many couples who find premarital agreements unromantic, or who simply did not consider the idea at the time of marriage may consider a post-marital agreement. The couple may wish to amicably divide newly acquired assets or future earnings before the animosity of divorce has the potential to cause conflict between the parties. This type of agreement can be made in contemplation of divorce or as a safety net between happily married spouses.
Please contact us if you are considering a divorce from your spouse, a legal separation, or have questions regarding child custody and visitation. Nancy J. Bickford is the only attorney in San Diego County representing clients in divorces, who is a Certified Family Law Specialist (CFLS) and who is actively licensed as a Certified Public Accountant (CPA). Don’t settle for less when determining your rights. Call 858-793-8884 in Del Mar, Carmel Valley, North County or San Diego.