San Diego Divorce Attorney Blog

Yet another Hollywood love story is coming to an end with the news last month that comedian Russell Brand filed for divorce from singer Katy Perry. The couple had gotten married just over a year earlier, in a traditional Hindu ceremony in Rajasthan, India on October 23, 2010. Brand filed for divorce on December 30, 2011, citing irreconcilable differences.

The news of their split first brought on speculation about the division of property, since Brand reportedly refused to sign a prenuptial agreement. With no prenup, they could end up with a straight 50/50 split of the marital estate. Perry likely has the bigger fortune of the two, meaning that Brand may end up collecting a large share of her assets, something of a reversal of the stereotypical situation in high-profile divorces. She reportedly made about $45 million during their fourteen months of marriage from touring and endorsements. Brand, meanwhile, made somewhere between $6 million and $8 million during that time. This is no small sum, but it pales by comparison. They also own a Los Angeles mansion valued at around $6.5 million.

Their split has brought up an interesting question not often seen in California divorces--at least, not in California divorces outside of Hollywood. Reports from their wedding indicated that Brand gave Perry an unusual gift, a female Bengal tiger named Machli who lived at Ranthambhore National Park, where they held their wedding. In the realm of extravagant wedding gifts, Machli is perhaps among the most unusual. This led some to wonder what would become of Machli in the divorce proceeding.

According to The Today Show, the couple never actually brought the tiger back to California. Instead, it remained in its habitat at the national park in India, which is partly a tiger preserve. The money Brand "paid" for Machli would go towards her care and conservation plans at the national park. Divorces occasionally bring up complicated questions about ownership or custody of pets, and those disputes can be as contentious as custody battles over children. In this case, however, the gift of the tiger was more symbolic than anything else. Since the tiger is not present in California, and it is unlikely that Brand or Perry ever obtained anything like legal title, it probably will not be part of any property division.

Continue reading "California Divorce Report: Russell Brand's Unique Wedding Gift to Katy Perry Never Left India" »

Any recent news not related to the economy or the upcoming presidential election, it would seem, has covered television star Kim Kardashian's wedding to, and now divorce from, basketball player Kris Humphries. Whirlwind romances, weddings, and divorces in quick succession are seemingly common these days, and they should come as no surprise to any California divorce attorney. The story still sheds a light on how the legal process of divorce can take over in a marriage.

Kardashian began dating Humphries in October 2010. They announced their engagement in May 2011. Their wedding on August 20, 2011 was widely publicized, rivalling even the royal wedding of Prince William and Kate Middleton (now Catherine, Duchess of Cambridge) earlier in the year. The wedding reportedly cost nearly $20 million, almost all of which was donated or given as a gift, and the couple allegedly made $17.9 million from related publicity.

Kardashian filed for divorce on October 31, 2011, after only 72 days of marriage. She cited "irreconcilable differences" in her divorce petition. This appears to continue a long tradition of brief unions in the entertainment business, and in California in particular, where stars marry and split with amazing speed. The divorce filing prompted much speculation as to the wedding and the marriage itself. Was the marriage just a sham to gain publicity and make money? Will Kardashian and Humphries have to return all those gifts? Can she keep the ring? Aside from the one about the ring, these questions do not usually concern divorce lawyers. Divorce lawyers deal specifically with helping their client obtain a divorce or some other outcome within the legal system. They look almost exclusively at the relationship between the spouses, the property they have acquired, and the best way to help the client reach his or her goals. If this is possible through negotiation and settlement, all the better. If not, they go to court.

California allows "no fault" divorces, meaning a spouse may obtain a divorce without proving any wrongdoing by the other spouse. In legal terms, a spouse seeking divorce must plead to the court that the couple has "irreconcilable differences" that prevent continuation of the marriage. After filing the divorce, spouses must wait six months before a court can grant a divorce, although more complicated cases often take much longer than that. One might think dissolving a marriage of only 72 days would not be complicated, but this is no ordinary marriage.

Continue reading "The Kardashian/Humphries Wedding Saga Continues with a Divorce" »

As a San Diego Certified Family Law Specialist Lawyer, continuing education is a part of the work of my office. Since my office only works in the field of Family Law, the research of new cases and statutes is greatly limited whereas a general practice attorney has a duty of continuing education in a variety of fields of law. One issue in family law that seems to never go away is the Husband requesting the engagement ring returned to him, from the Wife, pursuant to the divorce proceeding. The Husband may claim that the ring is very valuable, or that it is community property, or that the Wife secured it by fraud, etc.

ABC News reports of a man, Mr. Mekalian (James), who sued his former fiancee, Ms. Grazioli (Nichole) for the return of the engagement ring and a car or monetary damages to replace the value of both items. I've researched James' pleadings and you may see the Complaint here. His case is based on alleged fraud, and other. He specifically cites Civil Code Section 1590 which allows the donor (giver of the engagement ring in contemplation of marriage) to require the done to return the ring or the value of the ring if the marriage does not occur.

James accuses Nichole of acting in a fraudulent manner. Nichole is not commenting on the law suit. Presumably she may state that she had many marriage opportunities and that when she received the ring she terminated all other relationships and that she acted in good faith during this engagement. 1590 does require the judge or jury to consider all circumstances of the case and that the judge or jury find that which is just under the circumstances of the particular case. James apparently thinks that Nichole is a "gold digger" however the judge or jury may not agree. Possible James should seek a woman for marriage who has a job, and an income, and doesn't need James' money as in the video below of a five year old girl who charming millions on the Internet.

Continue reading "California Divorce Report: When Is A Gift Not A Gift?" »

On May 30, 2011, Monday, it is a beautiful day in La Jolla California where my family law office is located. Same as the weather slightly north from San Diego where Maria Shriver is putting together her petition for dissolution of marriage, according to reports, and finalizing her divorce plans against Husband A. Schwarzenegger. As this blog predicted a few days ago, Rogelio Baena, former Husband to Schwarzenegger's alleged sex partner, Mildred Baena, is expressing his anger directed at Schwarzenegger as reported in several news stories and we expect that he is also using this Memorial Day for his law suit planning. As a San Diego Certified Family Law Specialist lawyer I'm reviewing the latest news reports as to this developing story as the California divorce implications are significant.

At this point everyone needs a refresher course on the participants to this looming legal battle: Schwarzenegger--Husband to Maria Shriver. Maria Shriver, wife to Schwarzenegger in a California long term marriage (over twenty years). Mildred Baena is the alleged mother of Schwarzenegger's child and a former household employee of Schwarzenegger-Shriver. And, Rogelio Baena, described above, the former Husband to Mildred who reportedly states that he thought the child (of Mildred and Schwarzenegger) was his.

At this time it is anticipated that the family law attorneys and others, for Mildred, Maria and Rogelio are designing petitions and complaints directed at Schwarzenegger. Under California community property laws, 50% of Schwarzenegger's reported $400 million estate belongs to Maria (except for separate property belonging to Schwarzenegger and/or monies protected by a prenuptial agreement if there is one). Mildred will seek child support (which would be gigantic under California child support guideline laws) plus she may file a "Marvin" case against Schwarzenegger whereby she would allege that Schwarzenegger is obligated to provide support or other funds to her pursuant to contract law or trust law legal theories. Rogelio will claim, if he files, that he was the victim of Schwarzenegger's reported extramarital activities and has suffered great emotional harm.

Continue reading "Divorce California Style" »

The purpose of a prenuptial (premarital, ante nuptial) agreement is to change the nature of the divorce laws of the state of California. California is a community property state. Generally this means that one-half of all income and property earned or acquired in a marriage belongs equally to each spouse. So, when the spouses divorce, each gets one-half of the property.

As a San Diego Certified Family Law Specialist attorney with a family law office in La Jolla, I am frequently asked to prepare a premarital agreement. Typically, a person is to marry in the next two to four months and they do not want the marriage to operate under the community property system. They may also want to include provisions as to spousal support. This takes us back to the recent news article regarding actor Sean Penn.

According to the article, (Mail Online) Mr. Penn told a reporter, "'I had just got taken for one half of everything I had in the divorce..." Mr. Penn was referring to his 2010 divorce from actor Robin Wright. Another article states that the community property estate was worth $123 million and that Sean "got taken" for $61 million. Possibly if your ex-wife just left the marriage with $61 million of money that you had earned during the marriage, you too would be bitter. However, this was so foreseeable; so predictable; so preventable.

Continue reading "California Divorce Report: Sean Penn "Lost Half"" »

Is it true that La Jolla divorces are more civilized? As a Certified Family Law Specialist attorney with a law office is La Jolla I have found that some couples work very hard to control the emotions that may lead to a very time consuming divorce.

Isn't divorce in California no-fault based? What difference does it make that Charlie Sheen did the numerous things that are now appearing on Internet news stories? Probably not much in his California divorce case; however, he allegedly committed the biggest mistake--he didn't discuss the highly public divorce with his wife prior to filing.

We've all heard of the notification that the "marriage is off" by voice mail or by text message. What's now? Notice by Facebook? Twitter? My Space? According to the San Francisco Chronicle, Charlie Sheen's wife, Brooke Mueller, alleges that she was not consulted (notified) by Charlie that he was filing for a divorce, which the actor Sheen did in the last few days. Never mind that Charlie reportedly pleaded guilty to a criminal assault last summer. Or that just recently he reportedly trashed a New York City hotel room in an event that did not include his family. Afterwards, Charlie files for the divorce against Ms. Mueller. This is the ultimate proof that California is a no-fault divorce law state.

Continue reading "California Divorce News: Charlie Sheen's Wife is Angry" »

An AP story written by reporter Greg Risling stated that the McCourt trial will head immediately into mediation after this week of testimony. The legal issue of this trial is the characterization of the LA Dodgers. In other words are the Dodgers the separate property of Frank McCourt or the community property of both Frank and Jamie McCourt.

As a San Diego Certified Family Law Specialist I am trained in divorce litigation (including trials) as well as divorce resolution (including mediation and arbitration). In a trial, the finder of fact is the judge (California divorce does not permit jury trials), and the judge will then apply California family law to the facts resulting in a decision. At the end of this trial the judge will rule that the LA Dodgers are either owned jointly by Frank and Jamie or solely by Frank McCourt. Mediation cannot force a conclusion to a case as resolution in court; however, mediation should be a tool in every lawyer's toolbox.

Mediation hearings are usually less formal than trials. In a trial, one side of the issue will prevail; however in mediation, compromise is encouraged so that both sides secure something. Trials can be tremendously expensive as the attorneys pore out their skills in their legal research, procedural maneuvers, evidentiary objections and courtroom training into the trial. Mediation is typically not as expensive as witnesses are usually not called and the primary skill involves negotiation techniques.

Continue reading "California Divorce -- Got Mediation?" »

A San Diego news article described how the McCourt pre marital contract is more convoluted than ever. The ongoing bifurcated trial (a trial on an issue separated out from the rest of the divorce case) as to the ownership of the LA Dodgers, resulted in the attorney who drafted the contract testifying that he changed the contract after the parties signed the contract. The LA Times also published an article authored by Bill Shaikin and Carla Hall on this topic that was helpful to this blog.

One of your first days in law school, learning about California contractual law, you learn that a "Contract" indicates a "meeting of the minds" resulting in an agreement between two (or more) parties. The contract may be verbal or written. Written is preferred so that the terms of the agreement are specified and ambiguities are eliminated. Many years after law school I am a Jolla divorce attorney who prepares and reads marital contracts on a regular basis.

In a California divorce, property must be identified, characterized, valued and disposed by division between the parties or by a sale to a third person. In the California divorce case of Jamie and Frank McCourt (owners of the LA Dodgers baseball team, six written contracts have been presented to the court to dispose of the ownership of the baseball team. These contracts, all written, signed and notarized, are post marital agreements (also known as "ante nuptial" or "post nuptial") The purpose of a post marital agreement is to make the court rulings as to property (and other issues) very quick and simple, not to mention low cost. However, the problem here is that three contracts provide that the team is Frank's separate property and three contracts provide that the team is community property. How could this have happened?

In an earlier blog on this topic (here) I wrote that the trial was not going well for Frank. This is just my opinion as a California Certified Family Law Specialist. This was after just the first day of the trial. My opinion is now stronger. There are two contracts, signed by both parties. One supports the conclusion that the team is community property. The one that makes the property Frank's separate property was changed by the drafting attorney, after the contract was signed (approved) without notice to either party that the change would be made. No "meeting of the minds" = no contract. I don't see how this will go well for Frank.

Continue reading "San Diego Divorce Report of Contract Catastrophe" »

This blog has posted several articles on the Jamie and Frank McCourt divorce and specifically the legal issue as to the validity of a post marital agreement signed by Mr. and Mrs. McCourt by which Frank McCourt claims sole ownership to the LA Dodgers baseball team. The trial is ongoing at this time as to this issue in a California divorce court. A LA Times article describes the second day in trial. To the surprise of many, Jamie McCourt had a great second day in this trial.
Meaning of post nuptial agreement: A "premarital" or "prenuptial" or "ante nuptial" agreement all mean the same thing--an agreement before the marriage. A "post marital" or "post nuptial" agreement is an agreement finalized after the marriage. These agreements are permitted under California law; however California limits what they can do. They can change the ownership of property; change property characterization; for example, community property to separate property or separate property to community property. They can provide for the amount and duration of spousal support. They cannot dictate child support or child custody. San Diego Certified Family Law Specialist attorneys frequently create and review premarital and post marital agreements.

The post marital agreement in the McCourt case transferred all ownership of the LA Dodgers to Frank and transferred the real estate to Jamie. Or did it? Frank has entered into evidence a signed post marital agreement that transfers the team to him. However, Jamie has now entered a signed agreement into evidence showing that Frank transferred all of the homes to Jamie and it does not mention the Dodgers. So, we have two signed agreements. Further, bank and loan documents indicate that the parties were acting co-owners to the team. Further, loan documents, signed by the parties showed that a loan was made to both of them as co-owners. Under California law, a loan creates funding and the money is either community property or separate property in character depending on how the loan was arranged.

Continue reading "California Post Marital Agreement--Or Not?" »

Recently I read an article online regarding the services offered from different groups to change the high percentage of divorce filings in California. This ranges from churches offering pre marriage counseling to secular groups offering secular pre marriage counseling and premarital education. La Jolla divorce attorneys wonder if these services actually help to lower divorce statistics.

It's widely reported in California that 50% of the marriages end in divorce and the divorce rates for second marriages are much higher. Can these services significantly impact these rates?

This blog has just reported on premarital agreements. Typically, the person who possesses a significant amount of property and/or is wealthy will try to protect his/her assets from a divorce by having a prenuptial agreement signed prior to the marriage. San Diego Certified Family Law Specialists speculate whether these documents raise the chance of a divorce. While such premarital contracts are much needed and/or desired by the wealthy spouse (prior to marriage), these unromantic contracts seem to start the marriage with a focus on divorce.

Continue reading "Can Premarital Education Prevent San Diego Divorce Filings?" »

As a San Diego divorce lawyer who prepares premarital agreements, I am followed the marriage of Robbie Williams to Ayda Field on August 7, 2010 in Los Angeles. Mainly, because Williams had Field sign a premarital (prenuptial, ante nuptial) agreement prior to the marriage.

Not everyone in this country has heard of him however Robbie Williams is an entertainer (singer, songwriter) who's success in the British entertainment industry has earned him an estate of approximately $160 million.

In the past I have kept the file of a couple for whom I have prepared a premarital agreement in my office pursuant to an educated guess that the marriage would fail. I haven't been able to verify this suspicion with scientific data. Beth Potier of the Harvard News Office wrote an article stating that prenuptial agreements predict doom in a marriage, if for no other reason, the legal document is unromantic. With the divorce rate of approximately 50% for first time marriages and a higher divorce rate for second marriages, anything that makes the second marriage less romantic does seem to predict doom for the marriage.

I have had two trials in the last three years involving premarital agreements and a request to set aside the agreement. This litigation can alone be as expensive, laborious and time consuming as any litigation in family law. Here are some thoughts as to the preparation of a prenuptial agreement:

Continue reading "San Diego Premarital Agreements Discussed" »

As previously reported on this blog site, Dennis Hopper, actor, who died last week, was going through a nasty divorce with his wife. Reportedly, Dennis Hopper's divorce had been filed several months earlier; further, he had a restraining order against his Wife keeping her away from him. She was still residing on the property where the family residence was located. (It's typical that homes in Beverly Hills, Rancho Santa Fe, La Jolla California, will have guest houses on the same property.) According to a prenuptial agreement report, the Wife only received a portion of Dennis Hopper's estate if they were married and living together on his death. Wife claims that since they were still "married" and she was living on the residential estate, she is entitled to her share of the estate.

Under California law, Dennis Hopper's death terminates the divorce proceeding and the Wife will battle it out with Dennis Hopper's estate lawyer who reportedly stated recently that he was "ready for war". So this story, under the category of California Divorce under this San Diego Divorce blog is over--right?

The latest report is that the Wife refused to allow Dennis Hopper's daughter to attend his funeral. Reportedly, Dennis Hopper's attorney communicated with the Wife as to Dennis Hopper's expressed wishes for the daughter to attend. The daughter reportedly did not attend and this raises several California family law related questions and topics that every San Diego Child Custody attorney should consider.

Continue reading "Questions Relevant to San Diego Child Custody Cases" »

This blog is devoting all blogs to Dennis Hopper this week. Dennis Hopper passed away last Saturday. He was in the middle of dissolution of marriage action at his death. California divorce law provides that there are two ways to end a marriage: by death and divorce. Divorce requires a six month waiting period; death has no such requirement. The divorce issues involving premarital agreements, restraining orders, property division, and property characterization were mentioned in the last blog published by this site. This blog will focus on Dennis Hopper and happier times when he lived in San Diego California and worked on stage in San Diego and in La Jolla.

As a La Jolla divorce lawyer, my office is a short drive from the La Jolla Playhouse where Dennis Hopper appeared in a Thornton Wilder play (The Skin of Our Teeth) in 1958. Many plays have gone on to Broadway from this small theater (for example, Jersey Boys). Many actors have graduated to the big screen and big stage from this actor's studio (for example, Cloris Leachman, James Whitmore, and Dennis Hopper).

San Diego news stories have circulated since the death last Saturday. Writer Pam Kragen of the North County Times has provided background information as to Dennis Hopper's earlier, and presumed, happier years attending High School in La Mesa; being voted as the "most likely to succeed" by his high school students; obtaining his first role in 1949 in "A Christmas Carol" at the Old Globe theater in San Diego.

Continue reading "La Jolla Divorce News: Dennis Hopper Remembered" »

San Diego 6 news has carried several articles as to the Dennis Hopper divorce. Many of the articles are published by KTLA News.

Dennis Hopper died last Saturday at the age of 74. Several months earlier he filed for a divorce against his Wife Victoria Duffy whom he married in 1996. Reportedly, Hopper and Duffy executed a prenuptial agreement which provided Victory with 25% of Hopper's estate with reported conditions that they are still married and living together at his death.

What if anything Victoria Duffy did to delay the case is unknown. However, it was widely reported that Dennis Hopper's health was rapidly deteriorating due to cancer. It is possible that Victoria knew that through extensive discovery and subpoena efforts as well as preparing the case for trial she could delay the case for many months. Months past Dennis Hopper's expected life span.

The San Diego Superior Court, Family Law division tries to end all San Diego divorce cases within one year; however many cases extend well beyond a year. With extensive filings for divorce, and motions on calendar every day, a two week trial would be hard to calendar. Possibly Ms. Duffy was trying to run out the clock.

Continue reading "San Diego Divorce Report: When Is A Divorce Over In California?" »

On May 17, 2010 this San Diego Divorce Attorney blog wrote about the Mr. and Mrs. Musk divorce. Mr. Musk claims the sole and separate property ownership of the Tesla automobile company. The Tesla muscle car gets its muscles from electricity (batteries). It is among the current crop of electric cars that travel 0-60 miles per hour is approximately 3 seconds.

The blog was about the typical California divorce case involving millions of community property and a premarital or post marital agreement upon which Mr. Musk claims that his Wife signed all of her rights to the Tesla company over to him. Mrs. Musk is contesting the agreement. Mr. Musk claims that all of his funds have run out and that the car company may be lost.

Writer Owen Thomas's article recently appeared on this matter in a story carried by the New York Times. Now that Tesla is moving forward to wider production and release of it's sports car, Mr. Musk reports that he is out of money. Is this a fact? Or, is this some maneuver to dissuade his Wife from going forward with the attack on the marital agreement in California divorce court. San Diego divorce lawyers and Certified Family Law Specialist hear this type of a claim when at its loudest when the other side to the case is getting closer to upsetting the divorce applecart.

Family law attorneys are a cynical group. The typical interpretation of Mr. Musk's "I'm out of money" message is--"don't spend a fortune fighting me on the validity of the pre nuptial agreement because even if you win, the asset will be lost or into someone else's hands". The attorneys for Mrs. Musk probably won't rely on this message. They will likely respond, "Give Mrs. Musk x% of the asset and we'll drop the case.

(Tesla and Toyota news conference)

Continue reading "Will the California Divorce Court Unplug Wife's Divorce Property Issue?" »