Jamie Lynn Spears Splits from Baby’s Father

By K. McKinney | Published: February 9, 2010

To no one’s surprise, 18-year-old Jamie Lynn Spears has split from Casey Aldridge, with whom she has a 19-month-old daughter, Maddie. Spears, the younger sister of Britney Spears and star of the Nickelodeon show “Zoey 101″, made headlines in 2007 when she announced that she was pregnant at the age of 16.

After Maddie was born in June 2008, Jamie Lynn and Aldridge moved into a home together in Liberty, Mississippi and were reportedly engaged.

She reportedly moved out of the house she shared Aldridge about six weeks ago and is now living with her mother nearby in Louisiana. Sources now say that the couple has broken up and that Jamie Lynn is dating a Louisiana businessman ten years her senior.

Although the couple was never legally married, they will still have a number of divorce-like matters to attend to. First, it will be important for a court to determine paternity of little Maddie. Aldridge is undoubtedly the presumed father, as he is likely listed as father on the child’s birth certificate. A court order is still necessary to make the relationship legal in the absence of a marriage.

After paternity is legally established, the former couple can move on to a discussion of custody, visitation and child support. Reports indicate that Aldridge is a construction worker and may currently be working out-of-state. It seems likely then that Jamie Lynn would seek primary physical custody of the child. Child support will likely be determined by an approved calculation based upon each parent’s income.

Finally, because they lived together for approximately two years and shared a home, there is likely some division of property to be done. Depending on the title of the house and any cohabitation agreement, they could end up in court unless they are able to reach a property settlement.

Library Topics: broken engagements, marriage, paternity, presumed father, custody and visitation, child support, primary physical custody, division of property, cohabitation agreements, property settlement

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Actress Kate Walsh Finalizes Divorce

By K. McKinney | Published: February 5, 2010

Kate Walsh and Alex YoungPrivate Practice/Grey’s Anatomy actress Kate Walsh has reportedly settled her divorce from husband Alex Young. Walsh and her divorce attorney Laura Wasser hammered out a settlement, finalizing the divorce which lasted as long as the marriage.

The couple married in September 2007 and split in November 2008.

According to court documents, Young was awarded $627,000 for his share of the community property. He originally sought spousal support but was denied. Walsh was awarded the marital home. They split the artwork and furniture as well as the residuals for the “Grey’s Anatomy” and “Private Practice” episodes Walsh filmed while they were married.

“One-half of the community property furniture and artwork to be divided by alternating picks after the flip of a coin to determine who will pick first,” their settlement agreement reads.

This settlement seems very simple for a divorce that was so publicly bitter and took over a year to resolve. Our guess is that Young thought there was a lot more money available for distribution than actually existed. And when the big picture was finally clear, they couldn’t set aside animosity long enough to even divide the furniture – thus the coin flip decision.

Library Topics: divorce, divorce attorney, settlement, community property, spousal support

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Jerry Rice Finally Divorced but Finances Not Settled Yet

By K. McKinney | Published: January 31, 2010

Jerry Rice and Jacqueline RiceFootball legend Jerry Rice’s wife Jacqueline Rice filed for divorce in June 2007. The former couple was finally divorced late last month. However, their family court dispute is not yet over.

In the two and a half years since the initial divorce filing, the couple has exchanged financial information. They presumably sold their multi-million dollar Northern California mansion (it was originally on the market for $22 million). And they agreed to at least a partial distribution of certain retirement accounts via Qualified Domestic Relations Orders (QDROs) – although those could have been used to fund the divorce litigation.

They were finally divorced in a bifurcated proceeding in December 2009. In a bifurcated divorce, a couple asks the judge to legally terminate the marriage, making each party single again, while preserving other, more complex issues for resolution at a later date. Bifurcation is often used in cases with complicated financial matters or in cases with serious child custody conflict.

Many states do not allow bifurcation at all – California family law does permit bifurcation. As we’ve seen here in this blog, celebrities – who often have complex financial holdings – often utilize bifurcated divorce.

Library topics: divorce, division of retirement accounts, bifurcated divorce, California family law

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John Edwards, Elizabeth Edwards Separate

By K. McKinney | Published: January 28, 2010

John Edwards and Elizabeth EdwardsBoth John Edwards and his wife of 30 plus years Elizabeth Edwards have now confirmed that they are separated. Earlier this month, former North Carolina Senator and vice presidential candidate John Edwards admitted paternity of a child by another woman. The Edwards apparently separated prior to that announcement.

“It is an extraordinarily sad moment, but I love my children more than anything and still care deeply about Elizabeth,” the former politician said in a statement. A spokeswoman for Elizabeth Edwards released a statement saying she’s “moving on with her life” after a “excruciatingly painful period for her.”

Elizabeth Edwards apparently decided to leave after a mediated visit last month in which she met the two-year-old daughter of her husband and his former mistress Rielle Hunter.

The couple now reside separately. She lives in the family’s Chapel Hill home. He splits his time between an annex to that residence that they refer to as “the barn” and their beach house 160 miles away. Apparently, neither party has yet filed for divorce. Elizabeth has reportedly had divorce papers ready to file for the last year. She is still undergoing cancer treatment and will make a filing decision based on her health, according to sources.

In North Carolina family law, a couple can obtain a divorce only after they have been separated for a year.

I would imagine that the Edwards family has the appropriate estate planning in place but it is important to note that, in general, separated but not divorced spouses still have inheritance rights under the law. And children who are not listed in a will may still have certain inheritance rights as well. It is always important to update your estate planning whenever family dynamics change to make sure that everyone is taken care of in the event of your death in the manner you wish to see them taken care of.

Library Topics: separation, paternity, adultery, divorce, North Carolina family law

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Bristol Palin Seeks Child Support from Levi Johnston

By K. McKinney | Published: January 27, 2010

Bristol Palin and Levi JohnstonBristol Palin, the eighteen-year-old daughter of the former Governor of Alaska and former Republican Vice Presidential nominee, Sarah Palin, has now officially requested child support from her child’s father, Levi Johnston. According court documents filed in Anchorage, Alaska, Bristol requests child support in the amount of $1,750 per month from Johnston, the father of one-year-old, Tripp.

Bristol alleges that she provides nearly one hundred percent of the child’s care, and that Johnston has only paid $4,400 in support since Tripp’s birth. Johnston’s lawyer claims that his client attempted to give money to Bristol, requesting that she come pick up the funds and bring Tripp with her on those occasions, but that Bristol never appeared to claim the money. Johnston’s manager says that Johnston has paid more than $10,000 since Tripp was born in December 2008.

Johnston posed for “Playgirl” magazine in 2009 and has made numerous press appearances. Bristol believes Johnston made “in excess of $105,000 in 2009 through various media interviews and modeling related activities.” Under Alaska family law, a non-custodial parent must pay 20% of income up to $105,000 a year for the support of a single child. Twenty percent of $105,000 comes to $1,750 a month. The $1,750 a month request is for temporary and retroactive support pending a permanent order. Presumably, if Bristol can prove that Johnston did make more than $105,000, the permanent support figure might actually be more than $1,750.

Library topics: Child Support, Alaska Family Law

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John Edwards Admits Paternity of Mistress’s Baby

By K. McKinney | Published: January 21, 2010

John Edwards and His Mistress, Rielle HunterFormer senator, vice-presidential candidate, and presidential candidate John Edwards on Thursday admitted paternity of a daughter with former mistress Rielle Hunter, contradicting multiple previous denials. “I am Quinn’s father,” Edwards said in a statement. “I will do everything in my power to provide her with the love and support she deserves…. It was wrong for me ever to deny she was my daughter.”

Previously, Edwards claimed that it was “impossible” for Hunter’s daughter to be his child.

An Edwards advisor says that Edwards and his wife of over 30 years, Elizabeth Edwards have separated. Edwards apparently did not make any media appearances because of the ongoing federal investigation into whether he used campaign money to cover up the affair with Hunter.

Coincidentally (or not), Edwards’ admission comes less than two weeks before release of a tell-all book by former aide Andrew Young, who previously claimed to be the father of Hunter’s child. Young will reportedly reveal that Edwards had asked him to falsify paternity test results.

Frances Quinn Hunter was born Feb. 27, 2008, which would mean that she was conceived in the middle of 2007, several months after Hunter stopped working for the Edwards presidential campaign.

John and Elizabeth Edwards renewed their wedding vows in July of 2007, to celebrate their 30th wedding anniversary. Elizabeth Edwards had previously battled breast cancer, a disease which recurred in March 2007.

Edwards initially denied the affair as well as paternity of the child. He then admitted the affair in August 2008 but maintained that the relationship ended prior to the conception of Quinn. He has reportedly reached a child support agreement with Hunter recently.

Library topics: Legal Separation, Adultery, Paternity, Paternity Tests, Child Support

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Noah Wyle, Wife Split

By K. McKinney | Published: January 16, 2010

Noah Wyle, Tracy Wyle, and ChildrenNoah Wyle and his wife, Tracy Wyle, have separated after 11 years of marriage, according to a family spokesperson.

“Tracy Wyle and Noah Wyle, who separated in late October 2009, have confirmed they have entered into a mediation process,” read the released statement. “Neither has legally filed for divorce. Tracy and Noah live in separate residences; however their two children (Owen, 7, and Auden, 4) see both parents daily.”

Wyle, best known from the television show ER, married Tracy, a makeup artist, in 1998. They met on the set of a movie in 1996, two years after the debut of ER.

Wyle recently wrapped a TNT pilot for a sci-fi show, co-produced by Steven Spielberg and DreamWorks Television.

It is interesting that neither has filed for divorce yet and maybe more interesting that the publicist felt the need to point that out. Mediation is a settlement negotiation process involving a neutral third-party who facilitates discussion and compromise between parties. It is certainly not relationship counseling and is a surefire indicator that this matter will eventually be finalized in court.

My best guess is that the Wyles wanted to fly under the radar for as long as possible in this process and are attempting to come to a settlement agreement before even filing for divorce so that the legalities will be quick and private. Rather civilized, especially for Hollywood.

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Dennis Hopper Files for Divorce

By K. McKinney | Published: January 15, 2010

Dennis Hopper and Victoria DuffyActor Dennis Hopper has filed for divorce from wife #5, Victoria Duffy. Hopper lists this past Tuesday as the date of separation. The filing, in Los Angeles, cites irreconcilable differences as grounds for the divorce. The documents indicate that he is willing to pay spousal support.

Hopper and Duffy were married in April of 1996 and have a six-year-old daughter. He is requesting joint legal and physical custody of the little girl.

The news of divorce comes on the heels of reports that Hopper is losing his battle with prostate cancer. His publicist acknowledged the actor’s diagnosis this past fall.

It seems likely that Hopper and Duffy have a pre-nuptial agreement – as Hopper had four failed marriages under his belt and 40+ years of film acting prior to this marriage. This marriage was, however, his longest lasting marriage. Hopper has three other children, ages 48, 36 and 19.

Hopper is represented by attorney Robert Rosenfeld of the Beverly Hills firm Leeds, Wender & Rosenfeld. Rosenfeld recently represented Johnny Knoxville’s ex-wife Melanie Clapp in their divorce. His law partner Fern Wender has represented celebrities including Charlie Sheen and Tyrese Gibson.

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NY Jets Star Braylon Edwards Served with Child Support Papers

By K. McKinney | Published: January 8, 2010

Braylon EdwardsNew York Jets wide receiver Braylon Edwards apparently fathered a child with “America’s Next Top Model” contestant Nik Pace, who is now pursuing him in New York for child support. Pace gave birth to Braylon Jr. in Georgia last August.

Edwards, who makes about $5 million a year, filed for paternity in Atlanta, claiming that Pace is a Georgia resident. She claims that she is a New York resident and has been since 2006 due to her career. She says that she gave birth in Georgia because she had family support there.

Pace is represented by celebrity family law attorney, Raoul Felder, who told the New York Post: “Braylon had tried to get the case litigated in Georgia because they are traditionally less generous with child support payments. It’s a cold, calculated act to pay less money.” Felder explained that they “had the case dismissed in Georgia and moved [it] to New York because this is where Nik lives. We served Braylon in the past week. He can run, but he can’t hide.”

Raoul Felder has previously represented many high-profile divorce clients including Rudy Giuliani, David Gest (Liza Minnelli’s ex-husband), Shaniqua Tomkins (mother of 50 Cent’s son) and Joumana Kidd, ex-wife of NBA star Jason Kidd.

An associate for Felder’s firm reportedly saw Edwards out to dinner recently, returned to her office and picked up the papers to have him served at the restaurant.

Reports indicate that Pace is seeking child support of $70,000 a month. Pace has denied that to be true.

Some sources indicate that Edwards and Pace have know each other for a while but were never serious. Pace issued a press release stating that they had a two-year relationship.

Edwards’ camp says that she has kept Edwards from seeing the baby. She says that is completely false. Both sides appear to agree that he has been paying some child support but that Pace hasn’t cashed any of the checks yet, pending resolution of the court case. (This is not unusual when the receiving parent doesn’t want to be seen as accepting or acquiescing to a lower amount of support.)

Edwards is currently represented by Atlanta attorney, Randy Kessler. Kessler has previously represented the mother of rapper T.I.’s children, the mother of boxer Evander Holyfield’s child, mothers of basketball player Jason Caffey’s children, the mother of football player Andre Rison’s children, football player Travis Henry and rapper Juvenile.

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Real Housewife of Orange County Tamra Barney Headed for Divorce

By K. McKinney | Published: January 7, 2010

Tamra and Simon BarneyReal Housewives of Orange County star Tamra Barney has been served divorce papers by husband Simon Barney. In his Petition for Dissolution of Marriage, Simon Barney asserts that Tamra “has been verbally abusive and has committed acts of disloyalty and infidelity.”

The couple have been married for over 11 years and have three children, ages 11, 9 and 4. Tamra also has a 20-year-old son from a previous marriage.

The Barneys’ marital problems have been featured on the most recent season of Bravo’s The Real Housewives of Orange County. Arguments have largely centered over finances and Tamra’s older son.

RadarOnline reports that Tamra Barney moved out of the couple’s Orange County home earlier this week and into a two-bedroom apartment.

Simon Barney’s allegations of adultery are especially interesting because Tamra has been especially hard on fellow cast member Gretchen Rossi, claiming Rossi was not faithful to late fiancé Jeff Beitzel. They are also interesting because they don’t seem to have any legal purpose. He filed for divorce on the no-fault grounds of irreconcilable differences and there is no indication in the petition that there is a prenuptial agreement which might have an infidelity clause.

Tamra’s alleged infidelity is unlikely to have any bearing on division of marital property – as California is a community property state. And Simon Barney has petitioned the court for joint legal and physical custody of the children – so he is not attempting to use any immorality against her in a custody fight (which would likely be for naught anyway).

So, is the allegation merely included out of anger to embarrass Tamra? I guess we’ll see…

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LeAnn Rimes’s Husband Finally Files for Divorce

By K. McKinney | Published: December 21, 2009

LeAnn Rimes and Dean SheremetDean Sheremet finally filed for divorce from LeAnn Rimes last week. Sheremet’s divorce petition seeks spousal support from Rimes as well as payment of his attorney fees and litigation costs.

Sheremet married singer/actress Rimes in 2002, when they were 21 and 20 years old. They separated in July 2009, amidst rumors (later substantiated) that Rimes had an extramarital affair with actor Eddie Cibrian. Cibrian and his wife are also divorcing. Rimes and Cibrian have since gone public with their relationship.

Sheremet is represented by Los Angeles divorce attorney Stacy Phillips. Phillips previously represented Britney Spears, Bobby Brown and Tori Spelling’s first husband, Charlie Shahnaian.

Sheremet was a backup dancer when he met Rimes and reportedly worked a bit as a choreographer during the marriage. (He is now taking classes at the French Culinary Institute in New York City.) His income though is almost positively negligible compared to that of Rimes during the same time period.

It is unknown whether or not the couple has a prenuptial agreement – although it certainly would have been smart of Rimes to do so, as she has been a successful recording artist since age 13. If they did enter into a prenup, Rimes could protect her premarital property by clearly identifying it at the time of marriage, eliminating any future argument that certain property was marital in nature. She could also have obtained an agreement that royalties and other income based on work she performed prior to the marriage be denominated at her separate property. It seems likely as well that she would probably have much of her musical income set aside as her separate property – with a provisional settlement to Sheremet upon divorce.

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Jon & Kate Divorce Finalized

By K. McKinney | Published: December 20, 2009

Kate Gosselin and Jon GosselinA Pennsylvania judge signed a divorce judgment this week, finalizing the split of Jon Gosselin and Kate Gosselin, former stars to the reality show Jon & Kate Plus 8. The couple has eight children, twin daughters and a set of sextuplets.

The couple reportedly agreed that Kate Gosselin would have primary physical custody of the children with visitation for Jon Gosselin. They also apparently agreed that neither would receive spousal support.

The details of their financial split however were left to an arbitrator, an independent third-party who heard evidence and arguments and issued a binding decision on the money matters. According to Kate Gosselin’s lawyer, Kate will continue to live in the former marital home as primary residential custodian of all eight kids.

Jon Gosselin’s attorney says that “the arbitration proceedings are still a work in progress.” Not sure what that means as it has been widely reported that the arbitrator issued his ruling and that said ruling was finalized by the family court’s judgment.

TMZ.com reports that Jon has been ordered to pay substantial child support and was also charged with the $235,000 he withdrew from the former couple’s joint bank account earlier this year. That amount was deducted from his side of the property distribution. They report that Jon’s arguments that Kate also withdrew inappropriate funds were rejected by the arbitrator.

There has been no report on whether the parties agreed to allow the children to appear on Kate Gosselin’s new reality show. Jon Gosselin recently refused to allow the kids to appear on Jon & Kate Plus 8, resulting in the cancellation of the show.

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Beyonce’s Mom, Tina Knowles, Files for Divorce from Mathew Knowles

By K. McKinney | Published: December 19, 2009

Tina Knowles and Matthew KnowlesTina Knowles, mother of singer Beyonce Knowles, has filed for divorce from her husband Mathew Knowles. Tina Knowles apparently filed last month in Harris County, Texas. The couple has been married for almost 31 years.

The divorce paperwork indicates that the couple separated last January. Back in October, Mathew Knowles was served with a paternity lawsuit filed in California by another woman. At the time, this woman was six months pregnant – so it now appears that the pregnancy happened after Mathew and Tina Knowles split.

The Knowles have two grown children: Beyonce and her younger sister, Solange (who is also a singer). Mathew Knowles was the manager of Beyonce’s group Destiny’s Child and is currently managing her solo career. Tina Knowles was Destiny Child’s costume designer and now designs for Beyonce’s fashion label, House of Dereon.

Because of their involvement with Beyonce’s (and to a lesser degree, Solange’s) career over the years, the Knowles are likely very wealthy. They each appear to have active careers (however tied to Beyonce’s that they might be).

As Texas is a community property state, the Knowles will very likely split their marital assets and debts equally. Unless one or the other entered the marriage with substantial property or inherited property during the marriage, all of their wealth is likely to be considered community property and available for equal distribution.

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Guardianship of Courtney Love’s Daughter Awarded to Kurt Cobain’s Mother

By K. McKinney | Published: December 15, 2009

Courtney Love's DaughterCourtney Love, once again, has lost legal authority over her 17-year-old daughter, Frances Bean Cobain. A California court appointed Frances’s paternal grandmother Wendy O’Connor and her aunt Kimberly Cobain as temporary legal guardians. A hearing is currently scheduled for February 10, 2010.

Despite media speculation, Love’s attorney claims that the guardianship is not the result of an inability to parent on Love’s part but is merely because Frances prefers to live with her grandmother in Washington state.

“Frances is 17 and a strong-willed child, and this is a decision she made on her own,” the attorney told media. “No matter what, Courtney loves her daughter more than anything in the world.”

Love and her daughter are no strangers to the family court. Frances was born in August, 1992 and was almost immediately removed from the custody of Love and her father Kurt Cobain due to suspicions of severe drug use. It took several months before they were granted full custody of their daughter.

Cobain killed himself in 1994. In 2003, Love overdosed and was arrested for trying to break into an ex-boyfriend’s home. O’Connor was awarded custody of Frances while Love was in rehab. They then engaged in a protracted and very bitter court battle over who would retain guardianship of the then 11-year-old. In 2005, the court gave custody and guardianship back to Love.

Frances told a magazine reporter last year that O’Connor “is probably the person I respect most out of anybody in the world.”

It is important to note that no parental rights appear to have been terminated here. It is currently just a temporary court order. If Love has agreed to allow Frances to move in with O’Connor, it seems appropriate that O’Connor should have some legal authority over the child. Also important to note is the fact that Frances has a trust fund and the guardianship paperwork does NOT give O’Connor or Kimberly Cobain any authority over the trust.

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South Carolina Gov. Sanford’s Wife Files for Divorce

By K. McKinney | Published: December 14, 2009

South Carolina first lady Jenny Sanford filed for divorce last week after several attempts at reconciling with her estranged husband, Governor Mark Sanford. Sanford made the news six months ago after he disappeared and was ultimately discovered returning from a rendezvous in Argentina with a mistress.

Mark and Jenny Sanford

The Sanfords have four sons and have been married for 20 years. Mark Sanford previously described his mistress Maria Belen Chapur as his “soul mate.”

Jenny Sanford, a former Wall Street executive, has been living in the family’s beach home with their sons since she moved out of the governor’s mansion in August.

Jenny Sanford’s divorce complaint was filed on the grounds of adultery. She appears to be an exception to the recent trend of public wives who have stood behind their adulterous husbands.

Mark Sanford did not tell his family or his staff where he was back in June when he left for a week to be with Chapur in Argentina. His staff told reporters he was hiking the Appalachian Trail but reporters discovered him at the airport upon his return home. He then confessed the affair at a news conference. Subsequently, a series of intense emails between Mark Sanford and Chapur were made public.

Jenny Sanford indicated an openness to reconciliation at the time. She had learned of the affair several months earlier but thought that it had ended, despite several requests from Mark Sanford to visit Chapur. (Jenny Sanford would not give her okay to such a visit.)

Jenny Sanford comes from a wealthy family. Her grandfather founded the Skil Corp., which manufactures power tools. Another grandfather ran a large Chicago law firm. She graduated from Georgetown University and was a vice president for the Wall Street investment banking firm Lazard Freres & Co. in the 1980s. She met Mark Sanford in New York, where he also worked on Wall Street.

They married in 1989 and moved to South Carolina, where Sanford worked in real estate before serving three terms in Congress. Jenny Sanford ran his campaigns.

It is unknown whether the Sanfords have a prenuptial agreement. Mark Sanford had a comfortable, even affluent upbringing but doesn’t appear to have nearly the family wealth that his wife has. It would have been smart of Jenny Sanford and her family to protect that wealth in some manner – either through a prenuptial agreement or a trust.

This month, South Carolina legislators recommended that the governor be formally rebuked rather than impeached for the situation. (He apparently used state planes and funds for personal and political trips, including travel to see Chapur.)

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