Category: High Net-Worth Divorce

Divorce Law LA blog posts about high net-worth divorce.

Matt Lauer Now Facing Divorce

Post author By Scott
Post date April 24, 2018

After being fired from his job as host of The Today Show following sexual misconduct allegations, it appears Matt Lauer is now facing another hurdle – divorce.

Matt Lauer Now Facing Divorce

According to a source close to the 60-year-old former Today show anchor, Matt Lauer is having a tough time during his divorce proceedings from Annete Roque. Lauer was abruptly fired from the NBC morning show last November due to “inappropriate sexual behavior in the workplace.” Since the firing, he has been trying to keep a low key profile in the Hamptons and is also in the process of selling his 11-bedroom Manhattan apartment.

“Matt cut himself off from the life he knew in Manhattan and has remained for the most part isolated,” the source said. “He looks exhausted. Matt is finally coming to terms with the reality that his marriage is over and he is in bad shape. He feels he lost everything important in his life overnight. He is embarrassed and ashamed.”

Divorce proceedings are moving forward. The two share three children together — Jack, 16, Romy, 14, and Thijs, 11.

“Annette plans to receive a very good settlement in this divorce,” the source claims. “She wants to make sure she and the children will always be well taken care of.”

As for Lauer, the source says he is remorseful.

“Matt feels terrible and regrets his behavior but his regret isn’t enough right now,” the source says. “It feels like all doors have closed for him.”

Several Approaches to Filing Your Divorce

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.

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.

Collaborative Divorce

When people think of divorce, it’s not uncommon for those thoughts to be filled with anxiety, fear of potential bickering and ill will, and fear of lawyers who will drag things out and create hostility between you as a couple. But divorce doesn’t have to be a traumatic process when you follow the process associated with a collaborative divorce.

Collaborative divorce approaches the divorce process from a different place – a place where you can avoid the court system while putting negotiations and decisions into the hands of the spouses. By utilizing specially trained professionals, opuses are able to come to a decision together.

Collaborative Divorce v. Mediation

Collaborative divorce should not be confused with mediation. In mediation, a couple works with one neutral party. But in collaborative divorce, each spouse has their own team of professionals – including their own attorney, financial advisors, etc. Both spouses and their respective teams meet to identify issues and create solutions. The time it takes to work through the process is heavily dependent on the issues that need to be worked out. The International Academy of Collaborative Professionals did a survey on the duration of the process and found 58 percent of collaborative divorce cases were completed in less than nine months.

Professionals

The types of professionals you will need for your collaborative divorce team will vary based on the specifics of your divorce. Professionals may include:

financial neutrals
child specialists
mental health professionals
business valuators
real estate evaluators

This team can help you emerge with a solid footing following your divorce. “You can tell who’s gone through the collaborative process vs. litigation,” said Amy Wolff, a specialist in the financial issues associated with divorce. “The clients who have used the collaborative option emerge from the process more ready to focus; they can bounce back more quickly.” Approaching divorce with the mindset of it being “collaborative” can help ease the tensions surrounding the divorce process.

Another Option – Legal Separation

While divorce might seem like the only option, remember that legal separation is also available. Legal separation allows couples to live apart and take a “break” from each other, while also ensuring that each spouse’s legal rights are protected via a legal separation agreement. Legal separations can also be called: “judicial separation”, “separate maintenance”, “divorce a mensa et thoro“, or “divorce from bed-and-board.” All these terms refer to the legal process by which a married couple formalizes a de facto separation while remaining legally married.

Formal Legal Separation Agreement

It’s always advised that you sign a formal legal separation agreement. This agreement outlines child support and visitation, property division, and any other aspect of a marriage. An attorney will be able to prepare this legal and binding document. This will offer you legal protection should your spouse fail to live up to his or her obligations and will also also hold up in court.

The following should be included in the legal separation agreement:

Spousal Support

Benefits – With legal separation spouses are able to retain certain benefits that were available during the marriage, such as health insurance.

Home Residency – If a couple shares a home, it should be decided at this time what will happen to the residency during the separation. The agreement should include information regarding who is able to live in the home, who is responsible for maintaining the home, and who is financially handling the home.

Joint Accounts – A legal separation agreement outlines who has access to those joint accounts such as joint checking, savings, and credit accounts. It’s often advised to close or freeze these accounts during the separation. Each spouse will then need to obtain their own personal accounts.

Protection from Acquired Debt – A legal separation agreement will shield you from being responsible for debt acquired during the time of the legal separation.

Why Pursue Legal Separation?

There are advantages with legal separation, including:

Spouses are able to maintain benefits such as a spouse’s health care plan or military benefits.
Staying legally married for 10 years allows couples certain social security benefits.
The separation period allows for a “cool off time,” during which parties can work to resolve their differences. Couples can then decide to either pursue a divorce or resume the marriage.
In some religions divorce is not allowed or recognized. Legal separation allows these religious couples to live separate lives while still remaining married and true their faith.
Legal separation can be used to solve immediate problems in couples who are uncertain about moving forward with divorce.

Steps to Follow for Legal Separation

Here are the steps you will take to acquire a legal separation:

Consider working with a family law attorney that can advise you on all the necessary steps of your legal separation.
You and your spouse will need to decide on grounds for the separation
Fill out a Form FL-100 Petition. This form includes options for divorce (dissolution of marriage) or legal separation.
If you have children under 18, you will need to complete Form FL-105/GC-120 which provides information to the court regarding children.
File Form FL-100 at your local county court. Pay any necessary fees. If you receive public benefits or have low income, you might be eligible for a fee waiver.
Serve your spouse with a copy of the court papers if they were not filed together. There will need to be proof of the serving, which can be done through various means such as a process server. A family law attorney can advise you on how to obtain this proof.

Still Considering Divorce?

If following your legal separation you and your spouse decide to move forward with a divorce, you will still need to file a divorce petition and go through the formal divorce process. Since a legal separation agreement has already been created and you mutually agree all aspects of your marriage, chances are you will be able to file an uncontested divorce. If there are still unresolved issues, you might decide you need a court’s help to come to a decision. It’s important to remember though that just because you are legally separated, that does not mean you are officially divorced. A judge will need to sign off on the final divorce papers and agreement before you can declare yourself “single.”

Working with a Divorce Attorney

It’s always advised that you consider working with a family law attorney. They will be able to advise you on any number of issues, including: child support, spousal support, marital property division, child visitation, etc… A lawyer from the expert law firm of Divorce Law LA will be able to guide you through the divorce process. The Divorce & Family Law Offices of Divorce Law LA will provide you with the highest level of expertise and professionalism from our skilled attorneys. Our Divorce and Family Law Practice spans a wide spectrum of areas that include: divorce, high net-worth divorce, marital property division, child custody and visitation, and child support.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Tags Matt Lauer, sexual misconduct, Today show

Collaborative Law Divorce Family Law High Net-Worth Divorce

Channing Tatum and Jenna Dewan’s “Loving Separation”

Post author By Scott
Post date April 3, 2018

After nine years of marriage, Channing Tatum and Jenna Dewan have announced they will be divorcing.

Channing Tatum and Jenna Dewan’s “Loving Separation”

Channing Tatum and Jenna Dewan announced they are divorcing today.

The couple announced their separation via Tatum’s Instagram, saying:

“Hey world! So…We have something we would like to share.

First off, it feels odd that we have to share this kind of thing with everyone, but it’s a consequence of the lives we’ve chosen to lead, which we also happen to be deeply grateful for. We’re living in an incredible moment in time, but it’s also a time where truth can easily get distorted into “alternative facts” 😉 So we want to share the truth so you know that if you didn’t read it here then it’s most certainly fiction.

We have lovingly chosen to separate as a couple. We fell deeply in love so many years ago and have had a magical journey together. Absolutely nothing has changed about how much we love one another, but love is a beautiful adventure that is taking us on different paths for now. There are no secrets nor salacious events at the root of our decision — just two best-friends realizing it’s time to take some space and help each other live the most joyous, fulfilled lives as possible. We are still a family and will always be loving dedicated parents to Everly. We won’t be commenting beyond this, and we thank you all in advance for respecting our family’s privacy. Sending lots of love to everyone, Chan&Jenna.”

Tatum and Dewan share one child together and were married in 2009.

Divorce does not have to be a contentious process. For couple’s that want to resolve things peacefully, mediation can be a great option.

Mediation

The mediation process allows for negotiation, during which everyone involved works toward an outcome that feels fair to both parties. This shared and agreed to outcome has become a popular option in the U.S. over the years, and has helped to settle 50-80% of divorce cases. Working through a divorce with a mediator allows couples to be less defensive and more informed about both sides. Mediators help to aid the process by offering advice and other alternate solutions that a couple may not have considered. Also, the process of mediation tends to take half the amount of time a divorce that needs to go to court does. On average couples spend at least 50% of the cost of an average divorce because of that decrease in the amount of time. This happens because you will not need to pay the legal fees of going to court and working with a judge as is usually needed for a traditional court proceeding.

Working Towards an Agreement

For a mediation process to work, both parties need to be focused on coming to an agreement. If the parties cannot agree to that, chances are it won’t work. A couple will then need to pursue a traditional court process. But mediation presents a positive environment for couples that want to avoid the combative and litigious process that often comes with going to family law court.

Preparing for Your Mediation

You and your spouse have decided that you want to avoid as much conflict as possible. You’ve both agreed to act like mature adults when it comes to ending your marriage with mediation. You have a mediation date set. Now you need to know what else to expect as you enter your mediation session.

Financial Documents

Before your first mediation session, make a list of all the assets you have. This list should include all financial information you have about: bank accounts, mutual funds, retirement funds, real estate, vehicles, timeshares, businesses, and stock. You’ll also need to prepare a list your debts including monthly credit payment, mortgage and home equity payments, private loans, and car loans. Make sure you have all the information, or at least as much as possible. Ensure the information is organized and in a form that will allow the mediator to be able to clearly review it during the session.

Leave Your Emotions at the Door

Mediation is meant to be a negotiation process, not one in which you start crying or screaming at your soon to be ex. Getting emotional will not allow you the clear head you need for the mediation process. This is not the time to “get back” at your ex-spouse. This is the time to negotiate, and not argue, so you can come to a final agreement. Remember the end goal and what you are trying to accomplish. You also need to be realistic. Chances are you will not walk away having received everything you wanted. Being able to look forward and remember that will help you stay out of the nit-picky weeds of settling a divorce agreement. Still, be forthright about what you want.

Scheduled Sessions

You, your spouse, and your mediator team will put together a series of scheduled sessions, during which you will all meet as a large group. The first session will be for disclosing all the “hard facts” about the marriage: joint and individual finances (bank accounts, debts, investments, retirement accounts and pensions) and assets (real estate, cars, other vehicles). Depending on how much you are able to get through in that meeting, you will also discuss the “soft” facts. This is the crucial portions of a marriage: family background and history; fears and concerns; issues regarding children, and other non-financial matters.

Once all the “facts” are on the table, the mediator or mediators help the parties identify a range of possible solutions. These solutions will take everything into consideration a well as what each party (and any children involved) will need to survive after the divorce.

The next step is the “solutions phase.” During this time, the spouses speak directly to each other about various options that have been presented and discuss whether or not those options do or do not meet their concerns. During this time, if it seems the couple is able to communicate without getting emotional or upset, the mediator keeps quiet. But if a couple gets stumped, or if emotions and tempers flare, the mediator can choose to step in to keep them on task or provide a suggestion the couple might not have thought of. The couple is encouraged to do most of the leg-work in figuring out how to solve the problems. A mediator’s goal and role is to help identify options, keep discussions on track, minimize unproductive or hostile discussion, and to create and maintain a forward-moving momentum.

During the process the people that have the facts and are best equipped to make decisions – the people in the marriage – have control.

Reaching an Agreement

During the course of the mediation, or when the mediation is completed, a detailed written divorce agreement is drafted. This written agreement, when finalized and signed, is what you have been working towards during the divorce process. A judge will review this agreement in court. You will need to appear at the final divorce hearing so the judge can review the written agreement. In all successfully mediated cases, the court hearing is an “uncontested hearing” during which a couple presents its agreement to the judge and asks the judge to accept it. After that the divorce is final. It then becomes “the law” between the parties after the divorce. It is now legal and binding, just as it would be if the parties had reached an agreement through the standard process of hiring separate attorneys to represent each of them.

You will need to adhere to the provisions laid out in the divorce agreement regarding child custody and visitation, child support, marital property division, and alimony.

Mediation Just for Friends?

Mediation is also not a process that only works for couples that are “still friends.” A lot of couples that go through the mediation process do not get along but are able to because of the help of a neutral third-party mediator. This form of communication does, however, help open up lines of communications while allowing for misunderstandings to get cleared up. Both spouses are encouraged to move forward toward a solution. Still, it’s important for couples to remember that the solution is the goal, rather than opening up old arguments. While you might run into arguments during the session (that’s totally normal) you should not go into the session with plans of reviewing and “solving” old arguments. That is not the purpose of the mediation process. You are there to work towards one goal: a divorce agreement that you both agree to.

When Mediation Doesn’t Work

Often times mediation will not be the answer to your divorce. Chances are that if a couple was not able to get along during the marriage, there are reasons that mediation will not work. If you have met with a mediator and your spouse and are still not able to come to a decision regarding aspects of your marriage, chances are you will need to go the route of a formal divorce process. Do not consider that a failure! Divorce is difficult for everyone, regardless of the process.

A Family Law Attorney

There are a number of things that need to be considered during a divorce. You and your spouse will need to come to an agreement that settles every aspect of your marriage. Child support, spousal support, marital property division can all be agreed to through the process of mediation. Working with a skilled mediation attorney can help ensure you get a fair case. For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Tags celebrity divorce, Channing Tatum, Jenna Dewan, Loving Separation

Divorce Family Law High Net-Worth Divorce

Vanessa Trump Divorcing Donald Trump Jr.

Post author By Scott
Post date March 20, 2018

On March 15, after 12 years of marriage, Vanessa Trump filed for divorce from Donald Trump Jr.. The couple released a statement the following day saying, “We have decided to go our separate ways. We will always have tremendous respect for each other and our families. We have five beautiful children together and they remain our top priority. We ask for your privacy during this time.”

Vanessa Trump Divorcing Donald Trump Jr.

The two met in 2003 when Donald Trump introduced them at a fashion show, and were married in 2005. While Vanessa Trump often remains out of the public eye, she was recently in the news after opening a letter containing a suspicious substance. The New York Police Department ultimately deemed the letter harmless.

While they didn’t give a specific reason for the split, many are speculating that the spotlight thrust onto them by Donald Trump Sr.’s presidency was just too much.

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.

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.