Articles Posted in Celebrity Divorce

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Kim Kardashian and Kanye West are currently scheduled to get married on May 24th in a non-televised Paris ceremony. Rumors are flying that the wedding will not take place unless both Kardashian and West have signed their premarital agreement (commonly referred to as a “pre-nup”). Apparently, only two week before the wedding, the power couple has not finalized their pre-nup. The Kardashian-West premarital agreement is allegedly much friendlier than Kardashian’s previous premarital agreement which was signed prior to her marriage to NBA star Kris Humphries. Therefore, the holdup does not appear to be the result of disagreement of the parties regarding the terms of the agreement. Likely the delay is the result of West’s recent management change which has caused additional complications and changes to the agreement.

As long as the parties sign their agreement prior to the wedding, does it really matter when it gets signed? The answer to that question is “yes”. Timing of the execution of premarital agreements is crucial especially if the agreement contains spousal support waiver provisions. In order to limit some of the objections to enforcement of premarital agreements, the party against whom enforcement is sought should be presented with the agreement and advised to seek independent legal counsel at least seven (7) calendar days before the date the agreement is signed. This procedure will ensure the parties had enough time to thoroughly consider the legal ramifications of the premarital agreement rather than just signing it immediately upon receipt.Although Kardashian and West will likely sign their premarital agreement just days before they walk down the aisle, their agreement will likely not be held invalid due to the timing of its execution. As long as Kardashian and West had ample time to review the agreement and seek the advice of counsel, they should be able to count on enforceability if a challenge were to be made on that basis. Further, although a court may conclude that the execution of a premarital agreement was done appropriately, the premarital agreement may be held invalid for a number of other reasons.

In particular, parties should be cautious to enter into agreements which seem “unconscionable” or especially unfair to one party. The unconscionability of a premarital agreement can invalidate the agreement if the agreement was unconscionable when executed or even if it has become unconscionable at the time one party is seeking enforcement. Competent legal representation of both parties at the time of negotiation and execution of a premarital agreement can save both sides significant time and money in the event of divorce if one of the parties has a reasonable basis to invalidate the agreement.
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Actress Jane Lynch recently settled her divorce proceedings and is actually on good terms with her ex, according to TMZ. Perhaps the reason for their civilized relationship post-divorce is because they resolved their issues through collaborative divorce thus avoiding the emotionally draining process of litigating divorce proceedings in court.

Many people are familiar with litigation and mediation, but not all are familiar with the process of collaborative divorce. That’s because collaborative divorce is a relatively new form of alternative dispute resolution which was developed in the early 1990s. However, collaborative divorce has grown rapidly since then because of its success in leading to healthier and more positive results throughout the divorce process.Unlike litigation, where the Judge makes the decisions regarding the parties’ divorce based on formulas created by the state, collaborative divorce gives the parties the authority and control to decide for themselves and focus on joint and creative problem solving, similar to mediation. The focus of collaborative divorce is to provide a healthy forum with a team of professions to help the couple reach a settlement that is in the best interest of the child and both parties, all while avoiding the uncertainty, expense and added stress that comes with litigating in court. Collaborative divorce also focuses on the future by teaching the parties to interact with each other in a respectful manner which will carry through their post-divorce relationship and co-parenting.

The expanded team of independent professionals who work as a team to be involved in collaborative divorce typically includes attorneys (each spouse has a trained collaborative attorney), child custody specialists, financial specialists, and licensed mental health professionals. Having so many professionals at your fingertips allows for more guidance and access to information which helps to lead to a more mutually beneficial outcome for everyone involved.

Typically, both spouses and their respective collaborative divorce attorneys sign a “Participation Agreement” which outlines their commitment to settle their divorce in a non-adversarial manner, work on their communication and interaction with one another, act in their children’s best interest to minimize emotional damage, retain neutral experts if necessary, and maintain status quo regarding children and assets throughout the collaborative process. The collaborative process requires both parties to dedicate themselves to working through their divorce with an honest and open mindset in which the welfare of their family is the top priority.

Although divorce is the end of a marriage, collaborative divorce can provide the parties involved with the opportunity for a healthy new start in which they are able to move forward with their lives and avoid the bitterness, anger and resentment that is often associated with a divorce.
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Word is out that actress Hilary Duff and ex-hockey player Mike Comrie have separated and are on the road to a divorce. The couple married in August 2010 and Duff gave birth to their son, Luca, in March 2012. According to TMZ, the couple has mutually agreed upon having an amicable separation and they intend to share joint custody of their son. They even plan on remaining best friends after the divorce.

So often we hear of couples who have just decided to separate or divorce and they are full of feeling of anger, resentment, and shock. But cases like Duff and Comrie who actually seem to be quite pleasant as they separate make you wonder if they did something different from the start. Perhaps the way they informed each other of their desire for a separation/divorce was done in a manner to minimize those heightened emotions that we so often hear about.

The way you break the news to your spouse about your impending separation or divorce can really play a part in laying the foundation for how your divorce will play out. Most people remember the precise details about how his or her spouse broke the news that he or she wanted a divorce. Those parting words will inevitably be extremely difficult but there are certain approaches that may lead to a better parting for both parties.Choose the Right Words: Choosing your words carefully will help to increase the amount of conversation that you provoke from your spouse and decrease the amount of shock that he or she will inevitably experience. Perhaps you are just pondering the thought of divorce, or you are interested in a trial separation. Or maybe you have made up your mind that you want a divorce. Whichever path you have chosen to take, it is important to be clear with your spouse by clearly specifying the degree of finality that you want. For instance, if you are not completely set of the idea of divorce and still just pondering the possibility, you probably don’t want to come out and say to your spouse, “I want a divorce!” Rather, you could approach your spouse by explaining that your relationship doesn’t seem to be improving and inquire what he/she thinks about a separation. This will allow your spouse the opportunity to engage in a conversation with you rather than feeling completely and utterly shocked and merely focused on the word “divorce.”

On the other hand, if you are certain that a divorce is what you want or need, you might want to approach the conversation in a more gentle manner and in the right time and place as to avoid or at least reduce a sudden fury. Your spouse will probably already be devastated at hearing the words “I want a divorce,” so deliberately hurting your spouse’s feelings on top of that and already showing greed about what you want in the divorce will only serve to heighten his/her anger, resentment and urge to be litigious.

Your actions and words will have corresponding reactions. So although a few
words so early on might not seem like a big deal, the choices you make when breaking the news to your spouse that you want a divorce may very well affect your entire divorce process and your life in the future.
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After ten years of marriage, actress Gwyneth Paltrow announced her separation from Coldplay star Chris Martin. According to Paltrow’s website, the couple was working hard (separately and together) on their marriage for the past year without any success. Although neither party has officially filed divorce paperwork, the media speculates that a divorce is well underway. Some celebrities such as Kim Kardashian have litigated their personal family law matters in the public eye. However, more private celebrities tend to keep their personal issues out of the public court system.

Private mediation is a great option for celebrities who want to keep the details of their divorce confidential. Although private mediators are available for any family law litigants, not just celebrities, they tend to be too expensive for most cases. Private mediators in San Diego often charge between $400 and $750 per hour for their services. In addition, when you factor into the cost of private mediation the hourly rate for two attorneys (at least one for each party), the cost of private mediation can cost each party thousands of dollars per day. Some cases inevitably drag on for months or even years because the parties have reached an impasse on one or more issues. In those instances, the parties might agree that private mediation is worth the cost.

The media is buzzing with speculation regarding the Paltrow-Martin split. A lot of the dialogue surrounding this divorce is focused on how simple the dissolution process can be when the parties agree to avoid litigation. Media outlets claim Paltrow and Martin will simply put a rubber stamp on their premarital agreement and end their case. However, the divorce process is not that easy – even for celebrities. In California, family law litigants are required to exchange disclosure documents (consisting of an Income and Expense Declaration and Schedule of Assets and Debts) at the outset of the case. In cases where the parties’ income and/or assets are complex, the exchange of disclosure documents can be a lengthy and expensive process. Inevitably, celebrities will spend a significant amount of money up front on attorney fees incurred for the preparation of their disclosure documents.

In addition to spending large sums of money and a lot of time in order to adequately complete their disclosure documents, celebrities will also inevitably require extremely specific and complicated settlement agreements – even if a valid and uncontested premarital agreement is in place. Each divorce case must end either by trial or through the filing of an agreed-upon judgment. Preparation of the judgment will likely require multiple drafts and settlement conferences between attorneys. Due to the complexity of celebrity divorce cases, it is not uncommon for celebrities to walk away from their marriages with six figure legal bills.
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Those born and raised in the United States tend to have the understanding that they are free to say anything they wish behind the protections of the First Amendment. However, courts have put a number of restrictions on free speech such as prohibitions against defamation, obscenity, and harassment. In a recent family law case involving basketball star Steve Nash, family courts placed another restriction on the First Amendment. In the Nash case, the Arizona Court of Appeals placed a muzzle on social media communications in family law proceedings.

In nearly every child custody and/or visitation order the judge (or the parties through agreement) will include the following language:

Neither parent shall make negative statements about the other in the presence or hearing of the children or question the children about the other parent. The parents shall communicate directly with each other in matters concerning the children and shall not use the children as a messenger between them. The children shall not be exposed to court papers or disputes between the parents, and each parent shall make every possible effort to ensure that other people comply with this order.

Not surprisingly, this language was included in the Nash joint custody agreement. Following the issuance of this standard admonition, Nash’s ex-wife, Alejandra Amarilla, was alleged to have made disparaging remarks about him through her social media account, Twitter. As a result, Nash petitioned the court to intervene arguing that his former spouse was violating the non-disparaging clause. Amarilla defended her actions citing the First Amendment’s freedom of speech clause in support of her case. The First Amendment has frequently been expanded to include “speech” in the form of electronic communication.

In the Nash case, the court held that Ms. Amarilla’s conduct was not protected by the First Amendment and made an order prohibiting both parties from making disparaging comments about each other on social media sites. The court based its decision on the fact that Steve Nash is a highly public figure and therefore the comments made by his former wife were likely to reach their children. The court also noted that social media comments or postings cannot be adequately controlled or maintained to prevent exposure of improper conduct to the children. Ms. Amarilla appealed the trial court’s ruling and the Arizona Court of Appeals determined that the trial court did not abuse its discretion and upheld the earlier ruling.

Since the Nash case was recently decided, its effect on other family law matters is unknown. However, a good argument exists for the position that the Nash case is inapplicable in ordinary divorce matters because the parties’ social media sites are not as prolific as those of celebrities.
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Many women choose to take their husband’s last name when they get married. Jennifer Lopez, known by many as “JLo”, did just that when she married Marc Anthony in 2004. According to her legal documents, JLo’s legal name is Jennifer Muniz, which is her husband’s legal last name. But, according to TMZ, now that the couple is on the road to divorce “JLo” is adamant about getting her maiden name back!

Just like you made the choice to take your soon to be ex-husband’s last name when you got married, you can chose to restore your maiden name post-divorce or just keep your married last name, despite the divorce. Some considerations to think about when deciding whether or not to change your name are the impact a name change has with regards to your children, your profession and your well-being. Some women prefer not to have a different last name as their children and therefore keep their married name. To others, this isn’t that big of a deal. If you made a name for yourself at work before marriage and then put work on hold during your marriage, perhaps you will want your maiden name back so you can return to the same industry post-divorce and be recognized a bit easier. When deciding whether or not to change your name back it’s also important to think about whether it’s worth the extra time and hassle to change your name on your driver’s license, passport, financial accounts, etc. Perhaps you are more comfortable with your married name because that’s how the people in your community know you, or maybe you want nothing to do with your soon to be ex-husband and want a fresh start. Either way, divorce attorneys will advise their clients that changing your last name back after a divorce is a personal decision and you are entitled to do as you wish. Your soon to be ex-husband cannot force you to change your last name back or to keep your married name.

Changing your name back to your maiden name can be done either at the time of the divorce or at a later date after your divorce is final. However, if you already know that you want your maiden name back, it’s a good idea to go ahead and take care of it during the divorce process. A specific provision can be included in your marital settlement agreement such as the following: “This Judgment incorporating the terms of this Agreement shall restore to Wife her former name of ____.” Doing so will allow you to avoid any stress or time related to going through the process to change your name after the divorce has already been finalized.
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Laura Wasser is an LA divorce attorney who represents Hollywood’s most famous celebrities. Considering her clientele, Wasser encounters her fair share of drama in her practice. Recently Wasser published a new book entitled “It Doesn’t Have to Be That Way” full of intriguing divorce stories and advice for any divorcing couple. Although Wasser has been involved in many divorce battles, she provides her readers with the following ten tips for a civilized divorce.

  1. Marriage is a contract. Although this “tip” seems harsh, it is true. Marriage is a contract between adults and when that contract ends, parties must wrap up their relationship in accordance with default California community property laws (unless a premarital agreement is in place). Further, once the relationship originally established between two people has changed, a new relationship must be discussed and negotiated.
  2. Divorce is a business transaction. Another harsh reality regarding divorce is that it is a business transaction. It may be difficult to calmly divide up the life you shared with your spouse, but emotional outbursts will only hinder the process. Wasser recommends parties keep their cool when negotiating divorce issues. Taking unreasonable positions in an attempt to punish your ex-partner will inevitably increase fees and delay the divorce process.
  3. Dissolve it before it gets ugly. The dissolution process will proceed more smoothly if the parties have maintained amicable feelings toward each other. If the parties still respect and care for each other, they are more apt to reaching mutually beneficial resolutions in the event of a dispute.
  4. Before discussing divorce, consider what you want to say. The opening discussion regarding divorce can set the tone for the entire dissolution process. If the parties openly discuss their options and agree to proceed in a collaborative manner, the divorce will likely proceed much smoother than if the parties open the dialogue with insults and threats.
  5. Keep your feelings to yourself. By wrapping up family, friends and co-workers in your divorce you may disclose too much information. It is important to keep the details of your divorce confidential by only sharing them with your attorney and a therapist if you are seeing one.
  6. Be prepared to share. If you have been the primary earner in the marriage you should be prepared to split all of your marital assets and to pay child and/or spousal support. This legal principal applies regardless of gender. The Court will order a female breadwinner to pay support just as a male breadwinner. Additionally, the parties should begin considering sharing their children and the difficulties of being apart from them.
  7. Do not behave badly in front of your children. For the well-being of your children, it is always best to make every effort not to involve them in the divorce process. This requires both parents to refrain from making disparaging remarks about the other in the presence of the children.
  8. Be graceful under pressure. In the event your spouse takes a “less than graceful” approach to the divorce process, it is important to remain stoic. Regardless of the poor behavior of one party, it is not appropriate to retaliate.
  9. Split assets together. Parties can save significant attorney fees and costs by reaching agreements together regarding smaller assets such as personal property in the family home. Often couples walk through the family home together and discuss what they would like. Read more about property division methods
  10. Don’t sleep with your ex-partner. Having a sexual relationship with your ex-partner post-separation can greatly impact your divorce case. A sexual relationship implies the marriage is not over and may change the date of separation.

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Another one bites the dust. TMZ reports that singer, Ben Harper, and actress, Laura Dern, are officially divorced. In 2010, after five years of marriage and two children later, Harper filed for divorce to Dern’s surprise. The couple reportedly tried to reconcile back in 2012, which turned out to be an utter failure. Now a year later, a Judge has signed off so they are officially divorced and will now be restored to their “single person” status.

Read more about the divorce from TMZ.com

So how exactly do divorcing couples, like Harper and Dern, know when their divorce is officially finalized? In other words, when can they truly move on with their lives and know that their marital status has been restored to “single” person status? In California, a divorce cannot be absolutely finalized until: all of the issues are resolved, a judgment has been signed by a judge and processed by the court, and the six month waiting period has lapsed.

Resolution of All Issues

Issues related to divorce (division of property, custody, child and spousal support, etc.) can be resolved by default, agreement by the parties, through court proceedings where the judge makes an order, or a combination thereof.

The California Divorce 6 Month Waiting Period

Many of our San Diego clients are familiar with the “six month rule”. This rule is codified in California Family Code Section 2339(a), which states that marital status cannot be terminated any sooner than six months from the date that the Respondent was served with the petition for dissolution of marriage or the date of appearance of the Respondent, whichever occurs first. One purpose of this six-month waiting period in California is to give the parties a chance to reconcile or reconsider pursuing the dissolution. Many divorcing couples will often times give the marriage one last shot. However, if the parties fail at reconciling, like Harper and Dern did, or have simply have no intention at all to reconcile, then they still cannot get a divorce until the six month waiting period has been met. The parties may prepare and even finalize their divorce judgment prior to the end of the six month date, however, they will not become “officially” divorced until the six months has lapsed. However, if the parties do not resolve all of the issues prior to the six month date, then they will not be automatically divorced on that date.

Final Divorce Judgment

Once all issues have been resolved, then all of the necessary paperwork must be filed with the court. Thus, even if all issues have been resolved and the six month rule is met, a divorce is not truly final until there is actually a judgment signed by a judge and processed by the Court. The parties will receive a Notice of Entry of Judgment, which means the Judgment is or has been processed but they need to wait for the rest of the Judgment documents, which will be returned to the person who filed them once the Court is done processing them and it will note the date upon which the parties will be restored to the status of single persons.

If you are interested in properly finalizing a divorce from your spouse we can provide you with information and guide you through the process. Our team of experienced attorneys is prepared to litigate on your behalf. If you wish you schedule a consultation with Andrew J. Botros, APC, please call us at (858) 793-8884.
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In January 2009, Madonna and Guy Ritchie finalized their divorce after eight years of marriage. At the time of their split, many rumors surfaced regarding an acrimonious divorce and possible affairs. Madonna is often cited as the source of the “adoption trend” for celebrities. In fact, as a mother of four children, Madonna only has one biological child with Ritchie, their son Rocco. In July 2013, Ritchie had his bar mitzvah at the Kabbalah Centre in New York City. Despite any lingering bitterness between Madonna and Ritchie, both parents attended their son’s bar mitzvah and behaved admirably. Continue reading

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