Category: Family Law

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Tags shared custody, shared parenting

Divorce Family Law High Net-Worth Divorce

$1 Billion in Divorce Settlement

Post author By Scott
Post date November 12, 2014

In one of the largest divorce judgments ever, Continental Resources Chief Executive Officer Harold Hamm will pay nearly $1 billion to his ex-wife.

$999.5 million Divorce Settlement

Following the nine-week divorce trial, Oklahoma Special Judge Howard Haralson ruled oil magnate Hamm, 68, should pay Sue Ann Hamm, 58, a total of $995.5 million, thus making her one of the 100 wealthiest women in the United States. The two were wed in 1988 and had no prenuptial agreement. Sue Ann Hamm was also an executive at Continental at one point.

Continental

The amount, though large, is smaller than what her lawyers sought. The ruling also will not require Harold to sell any of his shares of Continental. He currently holds 68 percent of Continental’s shares. His stake is currently worth close to $13.9 billion, which has dropped from before the trial began, when his stake was more than $18 billion.

Divorce Settlement

While Judge Haralson’s ruling is subject to appeal, the judge placed a lien on 20 million shares of the company’s stock to secure the judgement. The judge also ordered Hamm to pay his ex-wife about one-third of the funds, which equates to $322.7 million, by the end of the year. The remaining payments, $650 million, in installments of at least $7 million per month. Much of the trial centered on how much of Continental’s growth could be attributed to Harold Hamm’s management decisions, in order to thus provide lawyers with a better understanding of his net worth.

Among the assets that were awarded to Sue Ann Hamm, was the couple’s $17.5 million ranch in Carmel, California, and a home estimated to be worth $4.7 million in Oklahoma City.

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

Source: Reuters, Continental Resources CEO ordered to pay $995 million in divorce, November 10, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

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Tags Divorce, divorce agreement, divorce settlement

Child Custody Child Support Child Visitation Divorce Family Law Marital Property Division Spousal Support

Collins’ Divorce

Post author By Scott
Post date November 11, 2014

While Stephen Collins’ divorce is scheduled for court on Wednesday, there’s a chance it might not make it to trial.

Ugly Divorce

The actor and his divorce became top news a few months ago when his estranged wife, Faye Grant, taped his confession of molesting young girls decades ago. The two are scheduled to divide their assets after 25 years of marriage.

Divorce attorney Lisa Bloom, has handled some pretty divorce cases herself, but according to her, “This is probably the ugliest case to hit the media.” This is mostly due to the fact that Grant has provided a tape of the couples’ therapy session during which Collins admitted to molesting underage girls.While the audio recording is not admissible as evidence in divorce case, it does turn the spotlight on the case that has been going on for two years.

Determining Division of Assets

While the court will not assign a fault for the divorce, as California is a “no fault” state, the court will look at the martial assets that will need to be divided. “The court wants to find out the pool of assets they’re working with — real property, bank accounts, money coming in from royalties — and generally it’s divided roughly 50-50,” Bloom says. “The court does not want to get into reasons for the divorce; everyone has their reasons, everyone is angry, upset and emotional in divorces.” According to Bloom, “While the tape is not relevant in a California no-fault divorce trial, it may be relevant if the case leads to a settlement, which often happens.”

End of Collins’ Career

Collins has not been charged, but the damage to his career has already been done. He was dropped by his agent and has lost numerous up-coming roles. Grant has said in a recent statement she was not responsible for leaking the audio, and also that the tape has not played a part in the divorce proceedings that have occurred over the past two years. Grant is seeking $13,000 per month in spousal support, as well as half of the couple’s millions in assets which include properties in Brentwood. Collins is hoping to eliminate the spousal support due to the effect the recording has had on his income.

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

Source: USA Today, ‘Ugly’ Stephen Collins divorce trial set to begin, November 11, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, divorce proceedings, divorce settlement, Spousal Support

Divorce Family Law

Summary Dissolution

Post author By Scott
Post date November 7, 2014

A summary dissolution is a quicker and easier way to obtain a divorce without having to go before a judge. You also might not even need a lawyer, thought it is in your best interest to consult one since divorce can be a tricky process.

Requirements for Summary Dissolution

Though a summary dissolution is an easier way to end your marriage, there are some requirements that you must meet. Here they are:

Both you and your spouse:

Have been married for less than five years. The five years is counted from the date you were married t the due you separated.
Do not share children – either born or adopted before or during the marriage. You are also not expecting a child.
Do not own any land or buildings.
Do not rent any land or buildings. This excludes where you currently live as long as you have not entered into a 1-year lease with an option to buy.
Do not owe more than $6,000 in debts acquired since the date of marriage. This excludes car loans.
Have less than $40,000 worth of property that was acquired during the marriage. This does not include cars.
Do not have separate property that is worth more than $40,000. This does not include cars.
Agree neither spouse will ever receive spousal support.
Have signed a written agreement dividing your property. This should include cars and debts.

Residency Requirements for Summary Dissolution

Additionally, there are some residency requirements to qualify for a summary dissolution. Either you or your spouse must have lived within the state of California for the last 6 months and in the county where you are filing your summary dissolution for the last 3 months. If you and your spouse do not meet this residency requirement, you are still able to file for a legal separation, but you will need to go through the regular legal separation process. You can also wait until you meet the residency requirements.

Source: California Courts, For Married Couples, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

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Tags dissolution of marriage, Divorce, summary dissolution

Divorce Family Law

How to Proceed with Divorce

Post author By Scott
Post date November 6, 2014

You’ve done the hard part: made the decision to file for divorce. But what next? There are various ways you can file for divorce, also known as a “dissolution of marriage. Below we outline several ways to approach a divorce. How you proceed will be specific to you and your spouse’s situation.

Several Approaches to Filing Your Divorce

Depending on your situation you will file one of these forms of divorce:

UNCONTESTED DISSOLUTION – Both you and your spouse agree on all issues of property, debts, custody, and support. You are both enter into an agreement to all issues.

CONTESTED DISSOLUTION – Either you or your spouse, or both of you do not agree to issues regarding property, debts, custody, and support. You will be required to go before a judge so that he or she can make judgments regarding these issues as well as ensure all documents of agreement are appropriately prepared and signed off on.

SUMMARY DISSOLUTION – You and your spouse have been married for less than 5 years, have no children, no assets, no debts, and both parties are in agreement about signing the divorce petition.

PUBLICATION OF SUMMONS – When the filing party does not know the whereabouts for the other spouse, and has no way to contact them, it is necessary for the spouse to publish a divorce declaration in a local newspaper for 4 consecutive weeks to be able to proceed with the divorce filing.

Working with A Divorce Attorney

While some of the options are fairly easy to proceed with, chances are you’ll want to work with an attorney, regardless of how “simple” your divorce may seem. There are various forms that will need to be filed out and filed by both you and your spouse. Also, depending on your situation – if you have children, large amounts of assets or debts, or property to divide – divorce can get sticky. In some cases, especially if spouses are having a hard time coming to agreement, you might need a lawyer to defend your case in a court of law.

Source: Womansdivorce.com, About Women’s Divorce, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

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Tags contested dissolution, Divorce, divorce decision, Divorce filing, divorce proceedings, summary dissolution, uncontested dissolution

Divorce Domestic Violence Family Law

Serving Divorce Papers Turns into Assault

Post author By Scott
Post date November 4, 2014

It might not be a good idea to bring your new girlfriend when you go to serve divorce papers to your soon to be ex-wife.

Divorce Papers and Assault

Sharona Coach-Barnes faces charges of assault charges after her husband brought his new girlfriend along with him to serve Coach-Barnes divorce papers. According to the affidavit, police allege that Coach-Barnes was so upset by her husband, Derico Barnes’ actions that she pulled a gun on the new girlfriend, Cherrita Evans. According to police, Coach-Barnes also punched Evans and pepper-sprayed her. When Evans and Barnes took off running, Coach-Barnes employed her mother and brother to help her track down Barnes and Evans. Allegedly, that is when she pointed a gun at Evans.

Neighbors Respond

Neighbors weighed in on the incident, and whether or not Barnes should have brought his new girlfriend. “I don’t see anything wrong with it,” one neighbor said. “They’re not together. He’s just letting his woman know there’s nothing to it. There’s nothing to her.” Neighbor, Teisa Foster had a differing opinion. “She should have got beat,” she said, referring to Evans. “Any kind of business that he has with her, he needs to do by himself until they get a proper divorce,” Foster said. “She has no rights in that.” Some neighbors understand just why Coach-Barnes reacted the way she did but still feel there is never an excuse for violence. “She didn’t do anything to her,” one woman said. “She needs to go to jail.”

Charges

Coach-Barnes has been charged with assault and is being held on $30,000 bond.

Source: WREG.com, Woman assaults husband’s girlfriend when served with divorce papers, November 3, 2014

33 S. Catalina Ave. Ste. 202

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(626) 478-3550

Tags Divorce, divorce papers, serving divorce papers

Divorce Family Law

Stress and Divorce

Post author By Scott
Post date October 28, 2014

A recently released Gallup-Helathways Well-Being Index is shedding some light on how men and women react to divorce and legal separation.

Stress During Divorce and Separation

According to the survey of 131,159 American adults, women suffer greater jumps in stress when facing divorce, as compared to men. Overall, separated and divorced people are more likely to report use of drugs and alcohol for relaxation. Married Americans also rate their personal well-being higher than their divorced or separated counterparts. The surgery relied on a “Well-Being 5” score that includes rankings on: purpose, social, financial, community, and physical well-being.

Speculation About Findings

The report’s authors, Gallup’s Dan Witters and Lindsey Sharpe, speculated on why there might be differences between the two groups: married and not. “Entering into a marriage can foster a sense of purpose through a shared perspective on life and a need to support another person,” they wrote. “Similarly, marriage can expand a person’s social connections and relationships, increase household wealth and lead to a more permanent housing selection and a related connection to the community. In addition, multiple studies have confirmed that married adults have better health outcomes, likely attributable to reduced stress and having a partner to encourage healthy behaviors and to hold one accountable for choices affecting one’s health.”

Women More Stressed, in General

The report went on to say that, in general, women reported more stress than men, “but there is a visibly pronounced stress gap by gender when one compares women who are separated to men who are separated.” The well-being rating is comparable between men and women who are separated, and both show increased levels of stress – but it was higher for women than for men.

According to Witters, “Women have more stress then men, regardless of marital status. Separated women have even greater amounts of stress than separated men, so the already existent gap widens still further when separated or divorced.”

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

Source: Deseret News, Stress, substance abuse rise more for women who divorce or separate, October 26, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, legal separation, separation

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Pacer’s Star in Middle of Child Custody Dispute

Post author By Scott
Post date October 17, 2014

NBA player Paul George and Daniela Rajic, a former dancer at Tootsie’s Cabaret in Miami are close to finalizing their child custody dispute. According to George’s lawyer, the two are finalizing a “joint parenting, joint decision-making” resolution over their 5-month-old daughter, Olivia.

Paternity Suit and Child Custody Battle

George,24, a forward for the Indiana Pacers, was locked in a nasty custody battle with Rajic, 24, when she brought a paternity suit against him after baby Olivia was born in May. It sounds like that battle is coming to an end. Just this past week, Manhattan Supreme Court Justice Matthew Cooper, the judge presiding over their custody case, joked it was a “love fest” between the two. He was pleased to see that George and Rajic chatting before the hearing began. He went on to say it looked like “two people who understand they’re going to be tied together for a real long time,” Cooper said. Adding, “They will both be participating in their daughter’s life, and that makes me feel extremely gratified. I am very pleased that this case has moved forward the way it has.”

George Hasn’t Met Daughter

George has not yet met his daughter, and in prior hearings Cooper skewered George for dodging the paternity suit. The basketball player had failed to appear at court dates, despite being able easily attend press conferences and traveling. “He has gone to every length imaginable to avoid taking responsibility for his actions,” the judge wrote. George’s new attorney, Harriet N. Cohen, said, “Paul George is looking forward to a very, very wonderful relationship with his daughter.”

Must Finalize Resolution

The parents will not be required to return to court as long as they finalize a resolution. The agreement will also include child support. In May, Rajic filed the paternity suit against George in Manhattan Family Court. George responded with his own filing, in Florida, seeking full custody of their daughter. George claimed shared custody would be “detrimental” to Olivia because Rajic is unemployed. She’s now taken on the roll of a full-time mother, while living with her parents. “I’m happy everything’s resolved and is moving forward. We’ll be wonderful parents,” she beamed.

George broke his right leg during practice with Team USA in August. He is out for recovery.

Source: New York Post, Pacers star’s parenting deal with ex-stripper baby mama, October 17, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child custody dispute, Child Support, child support payments

Divorce Family Law

California: The Place to be for Same-Sex Divorce

Post author By Scott
Post date October 16, 2014

If you’re in a same-sex marriage and want a divorce, you might find yourself with a bit of an issue. There are two questions you’ll need to answer: will the state that granted your marriage actually recognize your divorce? And will the state you currently reside in grant you a divorce if it does not recognize same-sex marriage?

California: Your Answer

If you find yourself in a state that will not grant you a divorce, you might want to consider divorcing in California. California divorce laws require a 6 month residency for divorce – regardless of the spouses’ sex. But California also will permit same-sex couples who are not residents of California to also get divorced here under special circumstances – namely if the couple were married in California and the state they live in will not dissolve their marriage.

Couples in Limbo

Unfortunately, a lot of same-sex couples are left in limbo when they seek divorce as a lot of states still do not recognize same-sex marriages, and thus do not grant same sex divorces. And just like with any other marriage heading towards divorce, remaining married is not a wise decision. All rights and responsibilities remain intact until legal divorce proceedings are initiated.

How and Where to File

If you and your spouse were married in California and the state you live in will not dissolved your marriage, you should file in the California county where you were married. You might also want to consider hiring an attorney who is experienced in same-sex divorces. Since the laws are fairly new, you’ll want someone who has had experience and knows how to get you the best settlement possible. Even if you do not need to go to court, you might want to consider an attorney – they’ll be able to advise you on the correct forms and process steps that are required for legally dissolving your same-sex marriage.

Source: Lawyers.com, Same-Sex Divorce For Out of State Residents, October 3, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550