Author: Scott

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Cannon Filed for Divorce Dec. 12

Post author By Scott
Post date January 21, 2015

Negotiation versus Litigation in a Slip and Fall Case

It looks like Nick Cannon and Mariah Carey have officially divorced. The two have been on rocky terms since last year.

Cannon Files for Divorce

Allegedly, the 34-year-old “America’s Got Talent” host filed for divorce on December 12. Cannon spoke openly about the two’s separation last year. Telling The Insider last August that the two had been, “living in separate houses for a few months.” He continued, “(Right now) my main focus is my kids.” Cannon has not been tight-lipped about the two’s separation, often taking to Twitter to express his kind feelings towards his ex-spouse.

Carey in the Spotlight

Carey, 44, was back in the headlines just a week prior to Cannon’s alleged filing after having shown up late to the taping of the Rockerfeller Center Christmas Tree Lighting.

“Last night’s situation was beyond my control. I apologize to all that showed up, you know that I would never want to disappoint you,” Carey tweeted to her 15 million followers. “You’ve kept me here, in your hearts, and I keep you in mine always. We are #lambily! #ThereForMe. I will be opening tonight’s live show in Rockefeller center with “All I Want For Christmas Is You”!!!!” The singer received criticism for not being able to hit some of her famous high notes while performing the song.

Just recently the singer revealed she will be heading to Las Vegas for a residency at Caesars Palace.

Marriage and Divorce

The two were wed in the Bahamas in April 2008. They share 3-year-old twins, Moroccan and Monroe. The terms of the divorce are not yet known, so it’s unknown if child custody has already been determined.

For advice on divorce, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Daily News, Nick Cannon files for divorce from Mariah Carey: report, January 16, 2014

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Tags celebrity divorce, Divorce, legal separation, Mariah Carey, Nick Cannon

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A Cheap Wedding Might Save Your Marriage

Post author By Scott
Post date January 20, 2015

Keep a Journal in Your Personal Injury Case

A recent study done by two economics professors at Emory University, found a correlation between couples who went cheap on their wedding and the length of marriage. Turns out, cutting down on the big day splurges might actually indicate your marriage will last longer.

The professors also found similar link between less-expensive engagement rings and lower divorce rates.

The Study

The surveys were completed by 3,151 adults in the United States who are married, or have been married. The authors believe this is the first time the correlation between wedding expenses and the length of marriages has been examined.

The research also shows that women that spent more than $20,000 on their weddings were divorced at a rate roughly 1.6 times higher than women who spent between $5,000 and $10,000 on the big day. It also showed that couples who spent $1,000 or less on their nuptial ceremony had a lower than average rate of divorce.

Theories

Though the authors of the study, Professor Hugo M. Mialon and Andrew M. Francis, didn’t examine why this might be, they do have a few theories.

“It could be that the type of couples who have a … (cheap wedding) are the type that are a perfect match for each other,” said Mialon. “Or it could be that having an inexpensive wedding relieves young couples of financial burdens that may strain their marriage.”

Average Wedding Cost

According to a survey of 13,000 brides and grooms done performed by the wedding website, TheKnot.com, couples in the U.S. spent an average of $29,858 for their 2013 weddings.

“The wedding industry has long associated lavish weddings with longer-lasting marriages. Industry advertising has fueled norms that create the impression that spending large amounts on the wedding is a signal of commitment or is necessary for a marriage to be successful,” said Francis. “Overall, our findings provide little evidence to support the validity of the wedding industry’s general message that connects expensive weddings with positive marital outcomes,” he said.

The More the Merrier?

But maybe it’s not just cheaper = happier. It could also be that more people actually equals merrier. The study additionally found that the more people that attend the wedding, the lower the divorce rate.

“This could be evidence of a community effect, i.e., having more support from friends and family may help the couple to get through the challenges of marriage,” Francis said. “Or this could be that the type of couples who have a lot of friends and family are also the type that tend not to divorce as much.”

For advice on divorce, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: CNN.com, Want a happy marriage? Have a big, cheap wedding, October 13, 2014

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Tags Divorce, divorce rate, marriage, wedding

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Why You Might Consider Other “Divorce” Options

Post author By Scott
Post date January 16, 2015

The fact that divorce is common in the U.S. is not a startling one. It’s almost common knowledge that one out of two first marriages end in divorce. And for second marriages, the rate is two out of three. When it comes to third marriages, nearly three out of four end in divorce. With how common divorce has become, it makes sense that more harmonious options have been put on the table – namely the process of a collaborative divorce. This approach focuses on finding a positive end result that satisfies both parties.

Collaboration and Collaborative Divorce

The process of collaboration is used to settle many different disputes that range from street gangs, competing businesses, and even disputes that happen between nations. Suzy Eckstein, a family law attorney and practitioner of collaborative divorce, believes clients and divorcing clients should be made aware of the option they have between choosing a standard divorce and a collaborative divorce. “Very often, a divorcing client comes to an advisor and asks for help and guidance around this overwhelming process,” she said. “It’s really important that they have an understanding of and information about their choices in the divorce process. And [collaborative divorce] has the potential to create more durable agreements that serve everyone and avoid repeated litigation.”

Multiple Experts Used in Collaborative Divorce Process

The collaborative divorce process “provides you and your spouse or partner with the support and guidance of your own lawyers without going to court.” During this process a couple will seek the expertise of multiple experts – financial, mental health, and child specialists. All these experts will work with the spouses’ respective attorneys to resolve differences and disputes.

Building Your Collaborative Divorce Team

Working with a trusted attorney to help compile a whole collaborative divorce team will be crucial to getting through the process. A lawyers skilled in collaborative law will be able to make suggestions and guide you through the process. This form of dissolving your marriage can be a less stressful and sometimes less expensive option. Because of this, it’s definitely an option you should consider.

For advice on divorce or collaborative divorce, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: ThinkAdvisor, Collaborative Divorce: A Win-Win Dissolution, August 25, 2014

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Tags collaborative, Collaborative Divorce, Divorce, divorce options, Family Law

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Marital Tort

Post author By Scott
Post date January 15, 2015

When You Might Consider a Lawyer for Personal Injury Claims

Events that lead to divorce can be terrible – cheating, lying, etc…but what happens when those reasons enter into the legal territory of marital torts? And what are marital torts?

Marital Tort

Marital torts are essentially “marital wrongs” inflicted by one spouse on the other. Examples of marital torts include: infecting a spouse with a sexually transmitted disease, physical assault and battery, intentional infliction of emotional distress, marital rape, invasion of privacy, and wiretapping. When one of these grounds is believed to exist in the relationship, the victimized spouse is able to file a marital tort claim. In some cases, such as sexual violence and domestic assault and battery, criminal charges can be pressed at the same time.

Compensation for Wrongs Done

The courts explain that marital tort exists to “redress the violation of important norms, compensate victims and discourage unsafe behavior.” What this translates to is, if a tort is proven, then the spouse at fault will need to pay for the wrongs done.

Being about to sue your spouse is a relatively new phenomenon in the United States. Previously, spouses were not able to do so because of a concept known as inter-spousal immunity. Essentially, this took the view that wives were “property” of their husbands. This concept was deemed outdated in 1961 by the New Jersey courts.

Filing a Marital Tort Claim

You’ll want to consult an attorney if you think you have grounds for filing a marital tort claim. An attorney will be able to dress your specific state’s marital tort laws. Filing a tort claim can be a powerful tool to ensure justice is done.

Source: The Huffington Post, Beyond Divorce: The Surprising Reasons Why Some Spouses Sue Each Other, January 6, 2015

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Tags Divorce, Domestic Violence, Marital Tort, sexual assault

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Gary Oldman Divorce

Post author By Scott
Post date January 14, 2015

Actor Gary Oldman is heading for his fourth divorce. Making him a veteran of the screen, but also a veteran in the dissolution of marriages.

Divorce Petition

Oldman’s wife of six years, Alexandra Edenborough, 36, filed a divorce petition in Los Angeles County Superior Court. citing irreconcilable differences.

Edenborough is a jazz and electronica singer. The two were married New Year’s Eve of 2008.

Separated for a Year

Though the date of separation was listed as “TBD” on the file paperwork, according to Oldman’s spokesman Douglas Urbanski the two separated more than a year ago. They “have agreed to an amicable divorce” and “remain on warm, friendly terms,” he said. He also added that Oldman, 56, had yet to file a response to Edenborough’s petition.

“Alex and I had several great years together, and we shared a great love during that time; but there is big difference in our ages and ultimately that gap inevitably revealed different lifestyle interests,” the actor said. “While I have been sad about this for over a year, I am grateful for the good times we did have, and we remain friends. Of course I wish Alex the best happiness in the future.”

Marital Property Division

According to court documents, separate property and community property has not been worked out yet. The petition will be amended once the assets had been “ascertained.” She is seeking payment from Oldman for attorney fees and spousal support.

Oldman has been married three times previously: to English actress Leslie Manville, they share one child; Uma Thurman; and Donya Fiorentino, they share two sons.

Source: Los Angeles Times, Gary Oldman’s fourth wife files for divorce after yearlong separation, January 12, 2014

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Arnall Speaks Out About Hamm Divorce

Post author By Scott
Post date January 13, 2015

Sue Ann Arnall, an Oklahoma oilman’s ex is speaking out about why she decided to cash the $974.8 million check she received as part of their divorce settlement after having previously denying it.

Divorce Settlement

In November, a judge awarded Arnall a divorce settlement of almost a billion dollars to be paid by her ex-spouse, Harold Hamm, the founder and CEO of oil driller Continental Resource. While Hamm’s attorneys found the settlement to be “fair and equitable,” Arnall’s attorney countered, saying the award equalled less than 6% of what the couple’s wealth was.

Initial reports said Arnall was not accepting the check. She clarified that those reports “are not accurate,” and that she was waiting to hear results from a court hearing before putting the money into her bank account. The check, offered by Hamm on Jan. 6 was meant to avoid interest building on the balance while her appeal progressed. When she deposited the check, Hamm’s legal team immediately surmised she was not going to appeal the decision.

Still Appealing

“I will not dismiss my appeal and do not feel that my right to appeal should be denied because I have accepted, in the interim, a small portion of the estate that we built over more than two decades,” Sue Ann Arnall said.

“I believe it is unfair that any woman’s property be controlled by a former husband,” she says. “During our 26-year marriage, and during the nearly three years this case has been pending, Hamm has had complete control and full use of the assets we built together, while I have patiently waited for access. I was simply not willing to wait several more years while the appeal is pending.”

Divorce Settlement “not fair and equitable.”

She adds: “I still believe that the trial court’s award was not fair and equitable.” Her decision to cash the check, she says, followed “much consideration and discussion with my adult daughters,” and was made “in the interest of my family, my privacy and my future as a business owner and philanthropist.”

Source: People, Billion-Dollar Oklahoma Divorce Case Not Over Yet, Says Oilman’s Ex-Wife, January 13, 2014

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Tags Divorce, divorce settlement, Hamm Divorce, Sue Ann Arnall

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Lessons from Chris Rock’s Divorce and Prenuptial Agreement

Post author By Scott
Post date January 12, 2015

A lesson to be taken from Chris Rock’s divorce: review your prenuptial agreement.

The Divorce

The comedian just recently his announced his divorce from wife Malaak Compton-Rock. Rock is seeking shared custody of the couples two daughters.

Prenuptial Agreement Expired

According to court documents, it seems the prenuptial agreement the couple entered into when they married in 1996 has expired because the couple has been together for so long.

But how?

Sunset Provision

Two words: sunset provisions, also known as expirations in prenuptial agreements. While sunset provisions aren’t too common, they are a planning tool that can be an essential part of a client’s financial picture. This is especially the case when one of the spouses is significantly wealthier than the other. What a sunset provision does is entitle one spouse to receive a set amount of assets should the marriage remain intact for a certain length of time.

“Many times, it’s assumed that these agreements never expire, but that’s not necessarily the case,” says Avani Ramnani of Francis Financial Inc. “We encourage clients to revisit them every four or five years. Refresh your memory and make sure you’re following the stipulations that are in the prenup.”

Revisiting Prenuptial Agreement

Because of these sunset provisions, it’s important that you (and your spouse) revisit your prenuptial agreement to ensure that provisions still apply. Bringing in an attorney can help you to assess the agreement’s validity.

“It’s good to do a quick review, but you should seek legal help to evaluate that prenup and make sure that it’s valid, followed and taken into account while planning,” says Ramnani.

Source: Investment News, Chris Rock’s divorce offers lessons in divorce planning, December 30, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

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Tags Child Custody, Divorce, Prenuptial Agreement

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How To Get Child Support After Judgment

Post author By Scott
Post date January 9, 2015

You’ve received a judgment that the other parent is supposed to make child support payments to you. What’s next?

Receiving Child Support Payments

After you have received a child support court order, the other parent is legally required to start making child support payments to you. The court order you receive will include the start date for the child support payments. The payments will be paid monthly, and will be taken out of the other parent’s paycheck.

Wage Assignment and Garnishment

Every child support case where child support is awarded, the court will order a wage assignment or wage garnishment be issued and served. This wage assignment requires that the other parent’s employer takes the support payments out of the other parent’s wage.

Local Child Support Agencies

If the local child support agency (LCSA) is not involved in the child support case, both parents are allowed to agree that the child support payments be made in other ways, rather than a wage assignment. This means the wage assignment is “stayed,” or put on hold. Parents are then responsible for working out how the child support payments will be made. But if a LCSA is involved, the LCSA must agree to having the wage assignment “stayed.” Typically, if a LCSA is involved, the agency will keep the wage assignment in place.

Failing to Pay Child Support

There are serious consequences for not paying child support. You can be held in contempt of court if you have the ability to pay child support but do not make the payments. This can mean jail time. If you are unable to make child support payments due to loss of job, or gap in employment, you should contact a family law attorney, or the court to avoid jail time or fines.

Source: California Courts, Collecting a Child Support Order, 2014

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Pasadena, Ca. 91106

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