As a La Jolla divorce attorney, I have seen many Petitions for divorce (dissolution of marriage) in the San Diego Superior Court. Many simply glance at the petition document assuming that the document only contains superficial information. I don't agree. This blog will examine the petition for divorce by Patricia Arquette wherein Patricia Arquette is the Petitioner and Thomas Jane is the Respondent.
Brief background: Patricia Arquette was born in 1968 and is 42 years old. She was raised in an actor centric family; commenced her acting career in 1986 and has appeared in many Hollywood movies. She was married to Nicolas Cage for 6 years and has been married to Thomas Jane since 2006.
On August 13, 2010 Patricia Arquette filed for divorce in the Central District Los Angeles Court. She lists one child, age 7. (This blog does not provide names of children.) The child was born three years prior to the marriage. Therefore there is a potential "Marvin" case which the attorneys will consider. (Michelle Marvin sued actor Lee Marvin to establish her common law marital rights as she and Lee were never married.)
She lists some separate property (for example, "jewelry") but states that there are other items which are "not presently known". As to community property Patricia Arquette states that there are such items however they are also "unknown". Some attorneys seek to extensively list all separate property and all community property however I don't see the value of doing this in the Petition. Possibly the "unknown" statement could be attacked as disingenuous. I like to simply state that the items will be listed in the mandatory Preliminary Declaration of Disclosure. The Declaration of Disclosure is mandatory in divorce cases and lists property, debt, income and expenses.
Patricia Arquette that the marriage be dissolved via "irreconcilable differences" and she specifically requests the following: Sole legal and physical custody of the child. (This is very aggressive as it suggests that co-parenting the child with Mr. Jane would not be in the child's best interest.) She does request that Mr. Jane have "visitation". Further, that each party pay their own fees and that the court order child support.
Finally, Patricia Arquette requests that Mr. Jane's right to any spousal support should be terminated and property divided. Patricia Arquette's Declaration Under UCCJEA states that since the date of separation the child has lived with her.
The Petition is significant as it is often the first document that the other attorney and the Judge examines. It set's the initial tone for the case. Here, the petition indicates that the child custody issue may be hotly contested. It indicates that there will be discovery work by the attorneys (typically involving subpoena's and other demands to know the nature and extent of property).
The San Diego Certified Family Law Specialist and divorce attorneys at the Law Office of Thomas M. Huguenor handle family law cases involving child custody, support and property division.
