Basketball superstar Shaquille O’Neal and his estranged wife, Shaunie O’Neal, have reportedly settled their divorce. Shaunie’s divorce attorney, Sorrell Trope, says that the former couple has reached an agreement on all aspects of the split – division of property, child custody and child support.
Under the agreement, the Florida courts actually divorce the couple, who lived together in Miami for several years before their split several months ago. The Florida judge will also handle any issues that may arise involving property division and spousal support.
The California courts though will have jurisdiction over any issues related to child custody.
Shaunie filed for legal separation in California back in November, 2009, just a few days after moving to Los Angeles with the couple’s four kids. Shaq then filed a motion to preclude the case from being heard in California.
Divorces, like other lawsuits, must comply with the jurisdictional requirements of the state and county in which they are filed – or face dismissal. There is generally a residency requirement which at least one party must meet before any state’s court can issue a valid judgment of dissolution. In California, that requirement is six months.
Separate from the divorce jurisdictional requirements, parents must also show the court that it has proper jurisdiction to make an initial determination of child custody under the Uniform Child Custody Jurisdiction and Enforcement Act. It appears that, because Shaunie intends to reside with the children in California, the parties agreed that custody matters would be retained there.
The O’Neals married in L.A. in December, 2002. Three of their four children were born in California. The family lived in Florida from 2004 until last November. Shaq currently plays for the Cleveland Cavaliers but the family apparently never moved to Cleveland.
Shaq previously filed for divorce from Shaunie in Miami back in 2007, but the two reconciled and that case was dismissed last year.
Sorrell Trope of the law firm Trope and Trope has handled countless celebrity divorces and family law matters, including those of Nicolas Cage, Anna Nicole Smith, Nicole Kidman and Britney Spears.
Library Topics: divorce, legal separation, child custody, child support, division of property, divorce attorney, settlement agreement, spousal support, Florida family law, California family law
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Kate Winslet and Sam Mendes Split
Winslet and Mendes, who were both born in Reading, England, are both Oscar winners. She won the Best Actress award in 2009 for The Reader. He was named Best Director in 2000 for American Beauty.
The couple began dating in late 2001 after her first divorce. They married in 2003 and have one son, Joe, age 6. Winslet also has a nine-year-old daughter, Mia, with her first husband, Jim Threapleton.
Winslet and Mendes live in both New York City and England. It is not known where they will pursue a divorce action. It is also not known whether they executed a prenuptial agreement. Prenups are generally not enforceable in British courts, though judges may look to such agreements for guidance in distributing property in a divorce.
One interesting aspect of this divorce is the fact that Mendes has no true legal claim for custody or visitation of Mia. As her stepfather, Mendes will be neither required to pay child support nor allowed legal or physical custody. Of course, Winslet and Mendes could come to an agreement that Mia would accompany Joe during any parenting time with Mendes. But it is unlikely that Mendes could insist on it and prevail in court.
There are certainly situations in which stepparent visitation might be ordered. However, in a situation where the biological father is involved in the child’s life, it would be surprising if a court ordered the child’s mother to give up more time with the child to a former stepparent.
Library Topics: divorce, prenuptial agreement, property division, custody / visitation, child support, stepparent visitation