Orange County Divorce Lawyer Blog

Orange County Child Custody Case for Baby Vanessa Reaches a Possible Turning Point

Fri, 03 Sep 2010 16:05:18 -0800

According to a report in the Orange County Register, a key hearing is scheduled to take place in Orange County Family Court today in the 'Baby Vanessa' case. As I have outlined in earlier posts here and here, this complex Orange County father's rights case involves a Rancho Santa Margarita woman, Stacey Doss, who adopted Vanessa, now age 2, shortly after the child's birth.

Doss was told by the child's birth mother that the baby was the born as the result of a one-night stand and that her father wished no involvement with the baby. In fact, the father, Benjamin Mills of Dayton OH, had an on-and-off relationship with the birth mother who had not, it emerged, told him she was pregnant. Mills sued for custody of his daughter, with Doss countering that she is the only parent Vanessa has ever known and that parting the two would be too traumatic for the child. Over the summer Mills' mother, who is raising his two other children, also petitioned for custody of Vanessa.

Now, the Register, quoting a spokesman for Doss, reports that custody negotiations between Doss and Mills "started Wednesday and continued Thursday with no resolution." The timing is crucial since, the paper notes, "a court hearing Friday will determine if mediation will continue or if the custody case will go to trial." A custody hearing was originally scheduled to take place in Ohio early next week but has, for the moment, been "put on hold", according to the paper, pending the outcome of these talks.

Orange County father's rights, custody and adoption and questions of parental alienation have all come into play in this case. All these, in turn, serve as reminders of the importance of having an experienced Orange County family law attorney on your side when undertaking any legal matter. The justice system can be complex and confusing. Cases like Baby Vanessa's, which stretch across state lines, can be especially complicated. Having an Orange County child custody lawyer in your corner is an essential in protecting your rights.

Orange County Register: Talks held in 'Baby Vanessa' custody fight

Could affair have been cause of divorce been Mark-Paul Gosselaar and Lisa Ann Russell?

Fri, 03 Sep 2010 08:00:00 -0800

I previously blogged about the Los Angeles County divorce between Saved by the Bell's Mark-Paul Gosselaar and his wife here. However, new reports are emerging about the reason behind their split. Despite the fact that during the announcement of their split, "no third party" was involved, media outlets are now reporting that Lisa Ann Russell was having an affair with "Survivor" host, Jeff Probst.

A source close to the couple states that Lisa Ann Russell and Jeff Probst were having an affair for a while. Their divorce is still ongoing. However, Russell and Probst were seen this past weekend at Emmy festivities.

In California, any party can seek a divorce from the other for any reason. Unlike in North Carolina, a spouse may have a civil claim for "Alienation of Affection" against the homewreker. Such is not the case here in California because California is a no-fault divorce State.

If you are contemplating a divorce in Orange County, Los Angeles County, San Bernardino County or Riverside County, contact a reputable divorce attorney for more information.

Source: Lisa Ann Russell and Jeff Probst Dating during Mark-Paul Gosselaar Divorce?

McCourt California Divorce proceeds to Trial

Wed, 01 Sep 2010 09:23:14 -0800

The McCourts officially started the trial in their Southern California divorce case this past Monday. The major issue of dispute is whether Frank McCourt owns the Dodgers, solely, or if Jamie McCourt and Frank McCourt own it jointly. In 2004, there was a post-nuptual agreement signed by the parties. The post-nuptual agreement states that Frank is the sole owner of the Dodgers and Jamie is the sole owner of their homes. Frank's position is that the post-nuptual agreement is valid and should be enforced. Jamie's position is that the post-nuptual agreement is invalid and should not be enforced. Jamie is claiming that she signed the agreement without reading it and trusted her husband when he told her she was signing a document that protected their homes from creditors. Jamie is also claiming that she would never sign away her interest in the Dodgers.

Several media outlets also report that Jamie proposed the post-nuptual agreement and is the first person to ever attempt to invalidate a post-nuptual agreement that SHE proposed. What is also interesting to note is that Jamie herself used to practice law in Massachusetts and claims she was confused between Massachusetts law and community property law in California.

Based on the information gathered through the internet, it would seem to me that Jamie McCourt's claim would not pass muster. First, she is a smart, educated woman who was a lawyer in Massachusetts and now claims she didn't bother to read the post-nuptual agreement prior to signing it.

It'll be interesting to see how this all plays out in court in the upcoming weeks. If you have a divorce matter and want to explore your options, contact an Orange County divorce lawyer for more information.

Source: McCourt divorce trial opens

California Divorce for Former Spice Girl Melanie Brown

Tue, 31 Aug 2010 13:28:34 -0800

According to several celebrity publications Former Spice Girl Melanie Brown (aka "Mel B", aka "Scary Spice") and her husband Stephen Belafonte, a Hollywood producer, are headed toward a California Divorce. The British newspaper Metro reports that Belafonte "has spoken to lawyers in Los Angeles about a divorce."

Unsurprisingly for a foreign publication, there is no indication whether "Los Angeles," in this case, means LA proper or refers to some other part of Southern California such as Orange County. Because Belafonte is American and Brown is British there is also the possibility that the divorce might go forward in England, though, until now, there has been no public indication of this one way or the other. A friend of Brown told Metro that the former Spice Girl wants to move back to England "on a more permanent basis," a sentiment echoed by a friend of Belafonte's in remarks to the US celebrity website Contactmusic. The couple have been married for three years. They have no children together, though Brown has a daughter from an earlier relationship with Eddie Murphy.

Here, therefore, we have a situation where a lack of children may simplify the Los Angeles or Orange County divorce process somewhat, even as the international nature of the marriage threatens to complicate it. It is also unclear whether or not Brown and Belafonte have a California prenuptial agreement.

Brown and Belafonte's situation, in other words, is a useful reminder of the many potential pitfalls and complications associated with any Los Angeles, Orange County, San Bernardino County or Ventura County divorce. Even when a prenuptial agreement exists, division of assets is not always a straightforward process. As Sandra Bullock's recent divorce has demonstrated, a spouse's child from an earlier relationship can sometimes bond with a step-parent in ways that make visitation an issue despite the absence of a biological or legal parent-child relationship. And, of course, there is the question of how an international couple will handle venue questions when they decide the time has come to dissolve their marriage.

All of these are issues that require skilled legal advice. An Orange County divorce attorney can offer such advice, along with a full range of Orange County and Southern California family law services. Engaging experienced counsel as early as possible in the divorce process is an essential first step toward protecting your rights as an Orange County divorce moves forward.

Metro: Mel B 'splits from husband Stephen Belafonte'

Contactmusic: Brown staying silent over divorce claims

Los Angeles Divorce Filing for TV's Cheryl Hines

Fri, 27 Aug 2010 21:30:30 -0800

Word leaked out this week that actress Cheryl Hines, best known for her portrayal of Larry David's long-suffering wife on the television series "Curb Your Enthusiasm," is seeking a Southern California divorce from her husband of eight years, Paul Young. According to the celebrity website contactmusic.com, the Los Angeles divorce petition was actually filed last month, though the media only appears to have caught onto that fact in the last few days.

The website says that a representative for the actress confirmed the move. The link below to E! Online goes to a page from which interested readers can also view a copy of the actual California divorce petition.

Hines' representative tells E! Online that the break-up is amicable and the couple have agreed to share California child custody of their six-year-old daughter. "They will remain extremely close friends and will raise their daughter together," the representative reportedly said.

Coverage of the Hines-Young divorce has made no mention of whether or not the couple have a prenuptial agreement and, if not, whether all of their affairs beyond custody issues have already been resolved. This offers a useful reminder that even amicable divorces require the specialized assistance a Los Angeles, San Bernardino, Ventura or Orange County divorce attorney can offer. The fact that a divorce action remains relatively friendly does not mean it will not be complex. The earlier each partner secures experienced counsel, the smoother the road ahead is likely to be.

Most of us, of course, do not have to deal with the additional burden and stress of a break-up that plays out in the public eye. It is good to know, however, that whether one's Los Angeles or Orange County divorce is a very public affair, or a very private one, an attorney will be in your corner, looking out for your rights and interests at all times.

E! Online: Cheryl Hines Curbs Enthusiasm for Husband, Files for Divorce

Contactmusic: Cheryl Hines and Paul Young To Share Custody of Daughter

California Custody Emerges as Issue in Arquette Divorce

Tue, 24 Aug 2010 19:20:33 -0800

Reports on celebrity media outlets indicate that actress Patricia Arquette and her ex, Thomas Jane, are disputing Southern California child custody of their daughter. According to the website Contactmusic.com, the couple filed for a California divorce earlier this month in Los Angeles family court. According to the website, "Arquette... is seeking legal and physical custody of their seven-year-old daughter" but insists, through a spokesperson that "the split is completely amicable."

Some observers expressed surprise that Arquette's Los Angeles divorce is, in fact, going forward. The couple, married for four years, filed for divorce early last year only, a few months later, to withdraw the request that their marriage be dissolved.

Both that fact and the custody situation highlight a truism regarding Orange County and Los Angeles divorces. The assistance of an Orange County Divorce lawyer is especially important in situations where child custody is involved, but is also crucial when a couple's own views on whether or not to dissolve the marriage are apt to change. On-again off-again situations like the one Arquette and Jane appear to be in pose special challenges and require particularly careful legal attention.

An on-and-off California divorce requires special attention because of the way a couple's attitude toward one another can evolve over time. As noted, Arquette and Jane say their situation is currently amicable, but there is no guarantee that will continue to be the case, especially if the California divorce action drags on and child custody remains a subject of dispute.

An experienced Orange County divorce lawyer can advise clients even as their family law needs change and evolve. Whether your divorce is amicable or adversarial, the important thing is to have a skilled family law expert in your corner, defending your interests at every stage of the process.

Contactmusic: Patricia Arquette - Arquette seeking custody of daughter in divorce papers

California Guardianship Ends for Frances Bean Cobain

Mon, 23 Aug 2010 08:00:00 -0800

According to TMZ, the guardianship of Frances Bean Cobain, daughter of Courtney Love, expired last Wednesday, August, 18, 2010, when she turned 18 years old. Since December of 2009, Frances Bean was under the temporary guardianship of her paternal grandmother. It's no secret that Frances' mother, Courtney Love, has had some drug related problems, thus necessitating the need for a guardianship. Although TMZ is reporting the guardianship expired when Frances turned 18, it is interesting to note that the actual Order Appointing Temporary Guardianship specifies an expiration date of February 10, 2010, 6 months prior to Frances' 18th birthday. Not so sure why.

At any rate, I previously blogged about the instances of when a guardianship is necessary. I also outlined the duties of a guardian. If you are exploring California guardianship options, contact an Orange County guardianship attorney for more information.

Source: Courtney Love's Daughter--- Free At Last!

California Divorce and Older Couples

Sat, 21 Aug 2010 19:17:39 -0800

In Orange County, and elsewhere across Southern California, it is a well-known statistic that half of all marriages eventually end in divorce. A recent article in the Sacramento Bee, however, documents what the paper says is an emerging trend: divorce among long-married couples.

Of course, California divorces among couples who have been married for many years are not so unusual that they would merit news coverage in and of themselves. Be it in Orange County, Los Angeles, San Bernardino County or Ventura County, we have all heard stories of couples who broke up after 15, 20 or more years of marriage. According to the Bee, however, divorce among older, baby-boom era, couples has been rising even as it falls among the adult population at large.

"For the most part, it's older boomers who are keeping divorce alive, even while divorce rates are declining for those born in the early 1960s or later," the paper notes ("baby boomers" are traditionally defined as Americans born between 1946 and 1963 or 1964).

The trick is that this evidence is mainly anecdotal. According to the Bee, the Census Bureau reports that 25% of all divorces granted in 2008 involved couples married longer than two decades. The bureau, however, only began collecting such data a few years ago, so a real "gray divorce" trend may be hard to document. At the state level we see the opposite problem: California "stopped collecting statewide divorce data in the late 1990s," the paper says. Most of the information cited by the paper comes from therapists and family law attorneys who, the paper says, are convinced a California gray divorce trend exists because they "report seeing more and more baby boomers in their offices."

Every Orange County divorce is unique, but it is probably fair to say that the break-up of a marriage of many, many years is apt to present a set of challenges a younger couple might not face. Situations like these require an experienced Orange County divorce lawyer - an attorney who is both skilled in the essentials of California family law and who has the patience and sensitivity to take the lead in unraveling the affairs of two people whose lives have been intertwined for decades. The complexities often involved in crafting a settlement for a client who has been married for a very long time can involve especially challenging legal situations. Should your own Orange County marriage reach its end, you owe it to yourself to work with an Orange County divorce and family law attorney with experience in divorce cases involving long-married couples .

Sacramento Bee: Baby boomers lead new wave of 'gray divorce'

Divorce Insurance: is it a good option?

Fri, 20 Aug 2010 08:00:00 -0800

As the divorce rates rise, a North Carolina company, SafeGuard Guaranty Corp. is now offering couples divorce insurance. Here's how it works:

The casualty insurance is designed to provide financial assistance in the form of cash to cover the costs of a divorce, such as legal proceedings or setting up a new apartment or house. It is sold in "units of protection." Each unit costs $15.99 per month and provides $1,250 in coverage. So, if you bought 10 units, your initial coverage would be $12,500 and you'd be paying $15.99 per month for each of those units. In addition, every year, the company adds $250 in coverage for each unit.

Then, if you get divorced and your policy has matured, you would send them proof of your divorce. In return, you will receive a lump sum of cash equivalent to the amount of coverage you had purchased.

I'm not so sure this is a good idea. Often times, people on their way to divorce itself don't have money to pay for the basic necessities of life (really!) and to support their kids, let alone the insurance premium for divorce insurance. Also, wouldn't it be better to spend the money allocated for the premium on a more important living expense such as for a co-payment to see a doctor or for gas money?

In California, there are other options to recoup the money spent on an actual divorce proceeding. For one, if you are the spouse who does not earn any income and your partner earns significant income, the non-employed spouse can request attorney fees and costs in accordance with one party's need and the other party's ability to pay (Family Code Section 2030). If you own property, a family law attorney's real property lien can be filed against your community property interest to secure your attorney fees and costs incurred.

At any rate, if divorce insurance is implemented, it will be interesting see what people have to say about it.

For information on filing a divorce proceeding in Orange County, Los Angeles County, San Bernardino County or Riverside County, contact an Orange County divorce lawyer for assistance.

Source: Divorce Insurance (Yes, Divorce Insurance)

Orange County Child Custody: What is Parental Alienation?

Thu, 19 Aug 2010 08:00:00 -0800

A common trend in couples going through a heated Orange County child custody battle is one parent's parental alienation of the child against the other parent. Parental alienation occurs when a child expresses unjustified hatred or unreasonably strong dislike of one parent, making access by the rejected parent difficult or impossible. The feelings of the child may be triggered by the other parent's negative comments. For example, if one parent "bad-mouths" the other parent in the presence of the child, the child will likely be influenced by that parent's negativity. This causes the child to dislike the parent being talked down upon.

Often times couples going through a divorce forget about the children involved and usually seek "revenge" against the other spouse without consideration for the welfare of the children involved. Obviously, such tactics are not in the best interest of the child. When going through an Orange County divorce proceedings, it is best to keep the children out of the situation and to keep the issues strictly between the divorcing couple.

Parental Alienation has drastic effects upon a child and in some cases, it takes years for the child to recover. You can read more on coping and recovering from parental alienation here.

For more information on parental alienation, contact an Orange County child custody attorney for more information.

Source: Parental Alienation

Higher Court Upholds Orange County Divorce Court Judge's Decision on Records

Tue, 17 Aug 2010 22:03:18 -0800

A recent California appeals court ruling handed down in Santa Ana upheld a lower court's decision concerning Orange County divorce records. On its face that might sound obscure, but the decision should serve as a warning for couples considering an Orange County divorce but eager to keep their affairs out of the public eye.

The case concerns the Orange County divorce records of Henry Nicholas, a co-founder of integrated circuit manufacturer Broadcom. In 2007, the Orange County Family Court judge hearing the divorce case "sealed all documents in the court file, including documents related to family finances and holdings in Broadcom," according to a recent report at Law.com. The following year the case was reassigned to a new Orange County Superior Court judge who reversed the earlier ruling.

Now, the Santa Ana court has come down on the side of openness. "We reject Nicholas' efforts to treat sealing orders as if they (are) sealed caskets rather than presumptively open court records," the court wrote, according to Law.com. According to OC Weekly Nicholas had argued that the records should remain off-limits in an effort to protect the privacy of his children. The newspaper notes, however, that critics have long believed Nicholas was more interested in keeping embarrassing personal details out of the media.

Whatever the reason for Nicholas' reluctance to see his filed unsealed his case is a reminder that the status of records can change over time. It has been nearly three years since the former Broadcom executive's divorce was finalized, but the files are now likely to come into the public record.

Of course, most people do not have Orange County divorces whose details would be of much interest to the wider world. Equally obvious, however, is the observation that, all things being equal, most people like to maintain their privacy. The Nicholas rulings by both the Orange County judge and the Santa Ana-based appellate court are a reminder that people looking to keep their affairs private need aggressive legal representation from an Orange County divorce lawyer with detailed knowledge of the Southern California family court system. Keeping your private information out of the public record can be difficult, but your odds of success are much higher when working with an experienced Orange County divorce and family law attorney.

Law.com: Judge backed on decision to unseal Broadcom Exec's divorce proceedings

OC Weekly: Henry Nicholas' divorce is more secret than yours

Fantasia Barino could possibly be sued for Alienation of Affection

Mon, 16 Aug 2010 08:00:00 -0800

Unlike other states such as North Carolina, California does not have have recourse for a person who wishes to sue someone for cheating on their spouse. In fact, California is a no-fault divorce state and any party can file an action for dissolution of marriage for any reason.

Last week, the news media broke the news that former American Idol winner, Fantasia Barino, had an alleged affair with a purported married man, Antwuan Cook. Now, reports state that Antwuan's wife, Paula Cook, is likely going to file an action for alienation of affection against Fantasia in North Carolina. The law, which exists in seven states and allows a party to sue a "home wrecker" for alienation of affection. Historically, these laws arise from the old times when women were treated as the property of their men. Luckily for California, we do not recognize such laws.

Like in any divorce proceeding, Paula Cook's lawsuit will rely heavily on when she and her husband separated. The date of separation could be the determining factor on whether her lawsuit will pass muster.

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

Source: Wife Threatens to Sue Fantasia for Alleged Affair

Former NFL Player Mark Fields arrested on Domestic Violence

Fri, 13 Aug 2010 08:00:00 -0800

According to court documents, former NFL Player Mark Fields, 37, was arrested on suspicion of beating the mother of his 6-year-old daughter outside of her day care center.

When police arrived at Tutor Time in Arizona, a woman purportedly Field's ex-girlfriend, was bruised on her arms and scratched.Police asked Fields what happened, according to the document, and he said the woman had attempted to take the child out of his arms.

Witnesses later told police Fields had confronted the woman outside of the child care facility, grabbed her and choked her by the throat. Fields then proceeded to place the woman in a choke hold with his arm and throw her to the ground, records state.

The woman told police Fields was not to have contact with their child and while she was attempting to drop off the court order at the facility, Fields showed up, according to the report. Fields was then arrested.

If you have been confronted with a domestic violence dispute, it is important to call the police immediately. If there has been harm, the police will likely issue an emergency protective order. Consult with an Orange County domestic violence attorney to discuss your options.

Source: Ex NFL Player Arrested in Domestic Violence Case

California Divorce Finalized for Sean Penn and Robin Wright

Thu, 12 Aug 2010 21:52:45 -0800

The long-running divorce saga of actors Sean Penn and Robin Wright appears, finally, to have reached an end. According to People magazine and other celebrity-watching publications, the couple received their final California divorce decree last week.

Penn and Wright originally began divorce proceedings in 2007, at which point they had been married 11 years, but suspended that process after four months. After the apparent reconciliation, People reports, "Penn... filed for legal separation in April 2009 before the couple again temporarily reunited in May. Wright later finally filed for divorce in August."

Put another way, celebrity divorces, like those of other people, can sometimes be drawn-out on again-off again affairs. Penn and Wright have a daughter who is now an adult, though she was still a minor when their legal saga began three years ago. Another child, a son, is 17 and, therefore, still subject to whatever California child custody agreement the pair have worked out (media reports say there is a final settlement, but give no details). As for whether the couple have managed to remain amicable through to the end of the process, that appears to depend on whom one asks. As People notes, Wright's comments to the media about Penn have been more charitable recently than what he has had to say about her.

Whether a split promises to be quick and relatively simple or long and complicated (some, of course, start out one way and then change) the assistance of a Los Angeles, San Bernardino or Orange County divorce lawyer is a crucial part of navigating any trip through the Southern California family court system. An Orange County divorce lawyer can help you sort through difficult issues of child custody and visitation, community property, spousal and child support and alimony, to name only a few.

A good Orange County divorce attorney is also both a compassionate professional confidante and a zealous advocate for your rights whether negotiating with your ex or laying out your case before a judge in Orange County family court. Contacting an experienced Southern California divorce lawyer today is the essential first step toward making the often-painful process of divorce tolerable.

Monsters & Critics: Sean Penn's Divorce Finalised

People: Sean Penn and Robin Wright Finalize Their Divorce

Use of New Spouse Income in a Child Support Proceeding

Thu, 12 Aug 2010 06:22:27 -0800

As an Orange County divorce attorney, one of the most common questions asked is: my ex-spouse remarried, can I use the income of the new spouse to get more child support or spousal support? With respect to child support, the answer is generally no. Income of a parent's subsequent spouse or nonmarital partner may not be considered in child support determination except in extraordinary cases. So, what defines an extraordinary case? A parent intentionally or voluntarily quits work or reduces his or her income in which the exclusion of that income would lead to extreme or severe hardship to a child subject to a child spport order.

The converse is also true. Pursuant to Family Code section 4057(a) through (b),The court must also consider whether including the income would lead to extreme or severe hardship to any parent supported by the parent or the parent's subsequent spouse or nonmarital parneter. For the most part, new spouse income is hardly used.

For more information on the determination of child support or the modification of child support in Orange County, Los Angeles County, Riverside County or San Bernardino County, contact an Orange County divorce attorney for more information.