Brian McKnight Paternity Case Dismissed

By K. McKinney | Published: July 23, 2010

Last year, Miriam Lee filed a paternity suit in Florida against singer Brian McKnight, claiming that McKnight was the father of her 14-year-old son. McKnight was legally served but never filed a response to the suit.

The judge then entered a default judgment of paternity and child support against McKnight. He was required to pay $11,388 a month on-going as well as $341,640 in back support.

At the time, a representative for McKnight indicated that “[t]he judgment in Florida was a default judgment made without Brian present. He’s still looking to establish paternity, and is awaiting the results of a recent test.” Those DNA tests were finally completed this month.

The tests apparently indicated that McKnight is not the father of Lee’s son. The judge dismissed the paternity case and McKnight is no longer responsible for the back child support payments.

But McKnight’s not totally finished in family court though. He was recently in a California court over child support for a 1-year-old boy. That little boy’s mother, Miriam Moreno, has hired attorney Mark Vincent Kaplan, who represented Kevin Federline in his divorce from Britney Spears.

Unlike in the Florida case, it doesn’t appear that McKnight contested paternity of the California toddler – who is named Evan Brian McKnight.

Library Topics: paternity, Florida family law, child support, DNA test, California family law

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Christina Milian, The Dream Split Before Baby Was Born

By K. McKinney | Published: July 22, 2010

Way back in September 2009, rap producer The-Dream (a.k.a. Terius Nash) married singer Christina Milian (who I once saw open for ‘N Sync – and I can’t believe I just admitted that to the internet) were married in a quickie wedding. Then, in December, they renewed their vows in a dream wedding in Rome. Apparently though, the couple was separated before the year closed.

The-Dream filed for divorce in Georgia on February 17, 2010 – a mere five and a half months after they tied the knot in Las Vegas.  His no-fault grounds for divorce were that the marriage is “irretrievably broken.” (See his divorce petition here.)

Nine days after the divorce was filed, Milian gave birth to their only child, a daughter named Violet, on February 26. Despite the fact that the petition indicates that no children were born of the marriage (which was true at the time of filing), the court will still have jurisdiction to determine custody and support for the baby.

The divorce was not mentioned when Milian spoke with the press in the months leading up to and the days following Violet’s birth. It only became known recently after The-Dream was photographed on vacation with his female personal assistant in less-than-professional circumstances.

He denies that another woman was involved in the demise of the marriage. Milian has intimated to the contrary on her Twitter account.

These two don’t even come close to having the shortest celebrity marriage on the books – but they can surely claim a spot on a list of the shortest.

Library Topics: separation, divorce, Georgia family law, no-fault divorce, adultery, child custody, child support

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Judge Allows Jesse James to Move Daughter to Texas

By K. McKinney | Published: July 20, 2010

An Orange County, California judge issued an order earlier today, granting television personality Jesse James’s motion to relocate his daughter Sunny to Texas. James’s ex-wife, porn star Janine Lindemulder, had been fighting the request to move. James has had primary physical custody of the six-year-old for almost two years, since Lindemulder was sent to federal prison for income tax violations.

Judge Thomas Schulte ruled that James will have physical custody of Sunny and Lindemulder, who was recently released from a halfway house, will share legal custody. Lindemulder will have visitation with Sunny once a month in California and will have visitation for half of the Thanksgiving and Christmas holidays, two-thirds of summer vacation and all of spring break.

The judge ordered that Sunny will stay with Lindemulder for the remainder of the summer before moving to Texas to attend school in the fall. Financial issues will be determined at a later court date.

Judge Schulte said he based his decision on Sunny’s bond with her siblings that live with their father and the fact that “she is doing well in her father’s care.” James recently indicated that he planned to move to Austin with his children from a first marriage, Chandler, 15, and Jesse Jr., 12, for business purposes and so that the children could maintain a relationship with their former stepmother, actress Sandra Bullock. James’s third ex-wife, Bullock moved to Austin after their split this spring. Bullock recently adopted an infant son, to whom Lindemulder has said Sunny is close.

The judge had concerns about that Lindemulder was in a “fragile position to make poor decisions,” including the one to marry an ex-con while incarcerated (from whom she is already separated), despite it being a probation violation.

Although she sobbed upon hearing the judge’s decision, Lindemulder said, after court, “[Sunny] will be fine. It hurts. Sandy is good. Jesse is good. Sunny loves baby Louis. She’s excited to move to Texas. [Bullock] will be good for her.” She also indicated that she couldn’t compete with James and Bullock and the “nice things they provide.” She then indicated that she may though allow Sunny to move to Texas early.

Lindemulder previously accused James of moving to simply try to win Bullock back at the expense of Lindemulder’s relationship with Sunny.

In most states, the custodial parent must provide the non-custodial parent with notice of an intention to move the child out-of-state or even to a local or in-state location which might affect visitation. The non-custodial parent then has an opportunity to oppose the move and force the relocating parent to seek the court’s approval.

In considering such a request, the court will look into the reasons the custodial parent wishes to move, the negative impact, if any, the move may have on visitation and the child’s relationship with the non-custodial parent as well as potential advantages to moving the child, such as continued relationships with siblings. When a move is authorized, the court will generally adjust visitation to accommodate longer but less-frequent periods of visitation (as in this case) and require transportation costs to be borne by the moving parent.

Library Topics: visitation, custodial parent request to move, sole physical custody, joint legal custody

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Melissa Etheridge, Tammy Etheridge Split Getting Ugly

By K. McKinney | Published: July 10, 2010

Melissa Etheridge and Tammy EtheridgeAfter splitting back in April, Melissa Etheridge and her wife, the former Tammy Lynn Michaels, are making it official. Etheridge filed to dissolve the couple’s domestic partnership in California earlier this month. The filing apparently surprised Tammy, who took to her blog and expressed anger at being blind-sided by the singer.

Tammy’s lawyer Steven Knowles now says that Etheridge has not been providing any financial support to Tammy or their two children since they split this spring. Knowles says Tammy has a grand total of $4 to her name. Tammy was a working actress when the couple got together in 2001 but hasn’t worked regularly since giving birth to twins in 2006.

This week, Tammy filed a petition for dissolution of marriage. According to Knowles, even though Tammy and Melissa were not legally married in California, “They were married in their own eyes and in the eyes of the world … and Melissa was the first to say they were, in fact, married.” (Same-sex marriage was legal in California for about six months in 2008.)

TMZ says that Tammy’s petition requests the award of spousal support and asserts that she can’t get spousal support if she is not “married.” While technically true, this is pretty misleading. California law does allow splitting domestic partners to receive “partner support” upon dissolution of a domestic partnership. (Etheridge’s petition does ask that Tammy be denied any award of partner support.)

Etheridge asked for joint legal and physical custody of the kids but Tammy is asking for full legal and physical custody. Knowles says Melissa can’t possibly be a participant in the custody agreement because her schedule makes it impossible to be a meaningful parent.

Melissa’s lawyer, Neal Hersh, commented that “Melissa is paying all of Tammy’s expenses, which totals tens of thousands of dollars per month.” (My guess is that Etheridge is paying household bills – mortgage, utilities, etc. – but that Tammy has no access to cash for daily expenses like food and gas. Not sure whether she has access to joint credit cards or if she had any individual assets remaining in her name since the 2003 commitment.)

Hersh has previously represented Kim Basinger, Brad Pitt, Pamela Anderson, Eddie Cibrian, Halle Berry and other celebs in their divorces. He recently filed a divorce petition on behalf of Kelsey Grammer’s wife, Camille Grammer.

Knowles was a partner at Trope & Trope for 25 years before starting his own firm. While at Trope & Trope, Knowles worked with Nicole Kidman and Britney Spears.

Library Topics: domestic partnership, petition for dissolution, same-sex marriage, same-sex divorce, spousal support, legal custody, physical custody, custody agreement

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Kelsey Grammer & Camille Grammer Split

By K. McKinney | Published: July 6, 2010

Kelsey Grammer and Camille GrammerActor Kelsey Grammer’s third wife, Camille Grammer (formerly Camille Donatacci) filed for divorce in a Los Angeles court last week, citing the no-fault grounds of irreconcilable differences. She asked the court for joint legal custody and primary physical custody of their daughter Mason,age 8, and son Jude, age 5, as well as spousal support.

The divorce petition was filed by Camille’s divorce attorney, Neal Hersh. Hersh has previously represented Kim Basinger, Brad Pitt, Pamela Anderson, Eddie Cibrian, Halle Berry and other celebs in their divorces.

Kelsey is currently in New York appearing on Broadway in the musical La Cage Aux Folles, and was recently nominated for a Tony Award. Camille, a former Playboy model, is rumored to be starring on Bravo’s upcoming Real Housewives of Beverly Hills.

Rumors indicate that, since Kelsey went to New York for La Cage, he has been disengaged from Camille and the children – instead wrapped up in his New York life and friends. The couple have been married since August 1997. Their two children were both born via a surrogate.

Kelsey has two other children from previous relationships. His daughter Spencer is 26 and was born to Kelsey and his first wife, Doreen Alderman. His 18-year-old daughter Greer was born during his marriage to Leigh-Anne Cushany – but her mother is Barrie Bucker, not Cushany.

Library Topics: divorce, no-fault divorce grounds, joint legal custody, primary physical custody, spousal support, divorce attorney

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Michael Douglas’s Ex Wants Share of His ‘Wall Street’ Sequel Pay

By K. McKinney | Published: July 5, 2010

Michael Douglas and Diandra DouglasActor Michael Douglas is set to star in a sequel to his 1987 hit movie, Wall Street, this September. His ex-wife Diandra Douglas has taken him back to court for a share of his income from the new movie, despite the fact that they were divorced ten years ago.

After a bitter public divorce, Diandra received a reported $45 million. She now her divorce settlement agreement provides that she gets half of any money Michael gets from any movies he did — including residuals, merchandising and ancillary rights — during their marriage. The former couple was married from 1977 to 2000. They were still together when he originally played Gordon Gekko in the original Wall Street. He received an Oscar for Best Actor for his work as Gekko, whose famous line was “Greed, for lack of a better word, is good.”

The sequel is slated to open in September and also stars Shia LaBeouf and Carey Mulligan.

Diandra’s lawyer, Nancy Chemtob, said the divorce agreement contained a clause that said her client is entitled to money from any “spinoffs” of Douglas’ movies, and that includes “Wall Street 2.” “It’s the same character, the same title, just years later,” Chemtob told Manhattan Supreme Court Justice Matthew Cooper.

Michael’s attorney argues that the movie is a sequel, not a spinoff, and that the two are inherently different. She also argues that the case should not have been filed in New York, but in California, where the parties were originally divorced. Chemtob responded that all parties now live in New York, making it the appropriate jurisdiction. Michael maintains that his domicile is actually in Bermuda and not in New York.

Chemtob has previously represented former talk show host Star Jones, fashion designer Tory Burch and, ironically, a large number of Wall Street billionaires. Michael Douglas is represented by attorney Marilyn Chinitz.

Library Topics: divorce, divorce settlement agreement

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Mel Gibson, Ex-Girlfriend Now Fighting in Court

By K. McKinney | Published: June 30, 2010

Mel Gibson and Oksana GrigorievaIn April 2009, Mel Gibson’s wife Robyn Gibson filed for divorce after 30 years of marriage and seven children with the actor. Later that month, Gibson went public with his relationship with Russian-born singer Oksana Grigorieva. Gibson and Grigorieva had reportedly been dating for some time prior to then.

It then became known that Grigorieva was pregnant with Gibson’s child. Baby Lucia was born on October 30, 2009.

Gibson and Grigorieva split up in April 2010. They apparently executed a custody agreement regarding Lucia at that time.

The quiet split hit the headlines this week as both parties went to court seeking restraining orders against the other, reportedly sparked by a denial of visitation on Father’s Day.

Grigorieva alleged that she was afraid of Gibson, in an emergency restraining order filed Monday against Gibson, citing a January incident in which he struck her during an argument at his Malibu home. A source close to Gibson says that the allegation is untrue and that it was Grigorieva who was out of control, placing Lucia in danger.

The source notes: “The allegation that Oksana is in fear of Mel is ridiculous. From January to March, she traveled with Mel to London and Paris at her insistence. This is all an attempt to gain financial advantage over him.”

Gibson, who is temporarily forbidden from contacting Grigorieva, was granted visitation with Lucia after his attorneys presented the parties’ custody agreement to the court. Sources close to Grigorieva say that she feels the agreement is unfair.

Gibson also filed a request for a restraining order against Grigorieva on Tuesday. The order prevents her from speaking about sensitive aspects about the case.

Gibson lives in Malibu. Grigorieva is living in a Sherman Oaks, California home owned by Gibson. Gibson’s family law attorney, Stephen Kolodny, says that, in addition to allowing her to live in that home, Gibson also bought Grigorieva a car, provides health insurance and has given “Oksana tens of thousands of dollars to support her and Lucia over the past months.”

Kolodny says this exceeds the requirements of the existing support and custody agreement. Sources close to Grigorieva deny that she has received any support from Gibson since their split.

Library Topics: child custody, child support, divorce lawyer, divorce, visitation

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Martina Navratilova, Ex Settle Dispute Over Split

By K. McKinney | Published: June 29, 2010

Martina Navratilova and Toni LaytonTennis icon Martina Navratilova has reportedly settled a lawsuit brought by her ex-lover Toni Layton for an estimated $3 million. Layton, who left her husband to be with Navratilova, had sued, claiming that Navratilova broke up with her after eight years and changed the locks on a Florida home they shared.

After feeling insulted by a $200,000 settlement offer, Layton also threatened to make public certain secrets she claimed Navratilova had. The former couple fought in court for two years over money, four houses in Florida and Colorado, multiple cars, a boat, jewelry, an animal sanctuary in Florida, art and pets, before settling out of court.

Layton’s lawsuit claimed the couple agreed to ‘evenly share (50 per cent/50 per cent) all funds and assets earned and obtained by either while together’. They were not legally married under Florida or U.S. law but did have a wedding ceremony.

Layton’s lawyer, Raymond Rafool, confirmed that the case had been resolved and stated that “[t]he terms of the settlement are confidential.”

Back in 1991, Navratilova and longtime girlfriend Judy Nelson split after an eight year relationship. At the time, it was rumored that Navratilova paid Nelson a settlement amount in the neighborhood of $3.5 million. That settlement did not contain a confidentiality clause and Nelson went on to write two books about Navratilova.

But Navratilova, who currently has breast cancer, insisted on a confidentiality agreement this time. There was apparently no written cohabitation agreement or other contract similar to a prenuptial agreement. Navratilova’s attorneys relied upon the fact that there was no legal same-sex marriage between the parties in their courtroom arguments. It appears, though, that they felt that Layton’s argument might carry some weight in court and agreed to settle.

Navratilova is now dating former Miss Universe Julia Lemigova.

Library Topics: settlement, requirements for valid marriage, cohabitation agreement, prenuptial agreement, same-sex marriage

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Mark-Paul Gosselaar Files for Divorce

By K. McKinney | Published: June 28, 2010

Mark-Paul Gosselaar and Lisa Ann RussellFormer Saved by the Bell and NYPD Blue star Mark-Paul Gosselaar filed for divorce from wife Lisa Ann Russell last week in Los Angeles Superior Court. The couple announced their separation several weeks ago.

Gosselaar and Russell were married in 1996, when they were 22 and 24 respectively. They reportedly met on the set of Saved by the Bell in 1993, when she had a small part on the television show.

The former couple has two children, Michael Charles, 6, and Ava Lorenn, 4. Gosselaar is seeking joint custody of the children.

His divorce petition cites “irreconcilable differences”, the only legal grounds for a California no-fault divorce. Internet reports suggested that Russell’s partying behavior was to blame for the split.

No “reason” is legally necessary to obtain a divorce in California (other than irreconcilable differences). Like most other states, California did away with fault-based divorce a generation ago. So, even if the rumors of Russell’s misbehavior are true, it is unlikely to have much bearing on the divorce.

“Fault” will not be taken into account when the court divides the parties’ community property nor when it makes determinations related to child support and/or spousal support. One party’s behavior could be taken into account in relation to child custody and visitation if that behavior is potentially damaging to the children. Behavior can also be considered if there is a prenuptial agreement which contains a fidelity or sobriety clause.

Gosselaar next will be seen on TNT’s new legal show Franklin & Bash.

Library Topics: divorce, joint custody, no-fault divorce, fault-based divorce, child support, spousal support, community property, child custody, visitation, prenuptial agreement

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Jesse James and Janine Lindemulder Continue Custody Battle

By K. McKinney | Published: June 19, 2010

Jesse James and Janine LindemulderAfter being released from federal prison and a halfway house, former porn star Janine Lindemulder was awarded unsupervised visitation with her six-year-old daughter, Sunny, last week. Sunny’s father, Lindemulder’s ex-husband (and Sandra Bullock’s soon-to-be ex-husband) Jesse James, isn’t too happy about the latest courtroom developments though.

James apparently refused to hand Sunny over this week for visitation because he felt she would have been at risk. Lindemulder responded by filing a motion to have James held in contempt of court for violating the visitation order.

James’ lawyers went to court on Friday to argue that Lindemulder is a drug addict and that unmonitored visitation would be dangerous to the child. They were armed with a letter from Lindemulder’s current husband, Jeremy Aikman (whom she met and married while in the halfway house). Aikman’s letter indicated that Lindemulder is a prescription drug abuser who buys pills off the street in addition to her legal prescriptions. He said that their home was not a safe environment for children.

Lindemulder presented a second declaration by Aikman though, this one claiming that Lindemulder was fine.

It is not clear exactly what the judge thought of the dueling declarations but, ultimately, the judge denied both sides. James was not held in contempt of court and Lindemulder is to have visitation as originally ordered. Any custody exchange is to be monitored by a third-party.

It is not unusual in a high-conflict relationship for child exchanges to be monitored. Sometimes the third-party monitor is someone mutually agreed upon whom the parties know. Other times, the monitor is part of a court monitored-exchange program and is completed unconnected to the parties.

The monitors serve as an incentive for a conflict-free exchange – as they can and do report an negative incidents to the court if necessary.

Next up in the James-Lindemulder battle: James’ lawyer announced that James intends to move from Southern California to Austin, Texas soon. This move is presumably to be closer to estranged wife Sandra Bullock and the infant that the two intended to adopt together before their sudden split over his infidelities earlier this year. Look for Lindemulder to fight any request to move Sunny to Texas.

Library Topics: visitation, custodial interference, custodial parent request to move

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    Paternity Suit Filed Against Tiger Woods

    By K. McKinney | Published: June 17, 2010

    Tiger Woods and Devon JamesPorn star Devon James (real name: Melinda Jannette) has filed a paternity suit against golfer Tiger Woods in Manatee County, Florida. Her petition asks the court to determine parentage of her nine-year-old son, Austin Brinling.

    If Woods is determined to be the child’s father, the court then has jurisdiction to establish child support and child custody.

    Interestingly, the petition for determination of paternity was a handwritten, fill-in-the-blanks form from the clerk’s office and was apparently filed without assistance of counsel. It seems unlikely that James could not find a family law attorney willing to help her file the suit.

    Some light, though, may be shed on that circumstance by a look at the court records of Manatee County. Back in 2002, the Florida Department of Revenue filed a paternity petition on behalf of Austin Brinling. That suit was filed against a man named Pele LaCruz Watkins. The state can file to establish paternity when it has assisted a child financially in some way. For example, if the mother or other guardian of the child received any sort of welfare, Medicare or other government assistance, the state will look to establish legal parentage in order for child support to be paid (hopefully, removing the need for state financial assistance for the child).

    Watkins was determined to be Austin’s father in that proceeding by default – although it is not clear whether he ever took a DNA test. Watkins was ordered to pay child support.

    TMZ.com reports that James’ mother currently has custody of Austin and that she says there is a DNA test showing Watkins as the biological father. James does not believe her mother has any DNA results and her spokesperson says she wants Tiger to submit to DNA testing. She says that she and Tiger met in Hawaii where she was visiting with golfer Paul Azinger’s family and that they carried on a two-year relationship.  (This would appear to precede his relationship with now-estranged wife Elin Nordegren.)

    Meanwhile, Watkins is incarcerated in a federal prison for conspiring to commit arson on a Florida strip club. (Seriously. I can’t make this stuff up…)

    Library Topics: paternity, child support, child custody, DNA test


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    Al Gore and Tipper Gore Separate After 40 Years of Marriage

    By K. McKinney | Published: June 9, 2010

    Al Gore and Tipper GoreTogether since they were high school students in the ’60s, former Vice President Al Gore and his wife Tipper Gore have announced that they are separating. The announcement came days after their 40th wedding anniversary.

    Generally viewed as an affectionate and modern married couple, the announcement seemed to shock the media and the Gores’ friends. The Gores said it was “a mutual and mutually supportive decision that we have made together following a process of long and careful consideration,” according to an e-mailed statement obtained by the press.

    Al Gore, Vice President under President Bill Clinton, infamously lost the 2000 presidential election to George W. Bush. He later campaigned for climate change, winning a 2007 Nobel Peace Prize and an Oscar for his documentary, An Inconvenient Truth.

    The now-estranged couple are parents to Karenna, 37, Kristin, 33, Sarah, 31 and Albert III, 28. Kristin divorced her husband Paul Cusack last year. Karenna announced this week that she is separating from her husband of 13 years, Drew Schiff. Rough year for the Gores, I guess.

    There is no indication yet that the elder Gores will be filing for divorce. If they do, it seems unlikely that there was a prenuptial agreement signed back in 1970 when the couple was fresh out of college and Al Gore was preparing to go to Vietnam. There are, then, 40 years of marital assets to be divided between them.

    Al Gore is reportedly worth somewhere in the neighborhood of $100 million – almost all of it made since 2001. Tipper will be entitled to an equitable division of those marital assets, which include homes in Virginia, Tennessee and California. Depending on how much Tipper receives in liquid assets (cash and stock market investments) and income-generating property, she may or may not receive spousal support. There are no custody or child support issues for a court to address as the children are no longer minors.

    Library Topics: separation, divorce, prenuptial agreement, division of property, spousal support, custody, child support

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    Garcelle Beauvais-Nilon Files for Divorce

    By K. McKinney | Published: June 5, 2010

    Garcelle Beauvais and Mike NilonActress Garcelle Beauvais has filed for divorce from her husband of nine years, Mike Nilon in Los Angeles.  The filing comes as no surprise after recent news of his infidelities.

    Back in April, Beauvais accused Nilon of cheating in an email she sent to his colleagues at the Creative Artists Agency (CAA). Nilon is a talent agent at CAA.

    Beauvais’ email, titled “Tiger Woods/Jesse James/Mike Nilon,” read: “What do they have in common… I found out today that MY husband of almost 9 yrs has been having an affair for 5 yrs with some slut in Chicago. I am devastated!!!! And I have been duped!! Our boys don’t deserve this!”

    The now-estranged couple married in 2001 and have 2-year-old twin sons, Jax Joseph and Jaid Thomas.

    Beauvais starred in the “The Jamie Foxx Show” from 1996 to 2001 and in “NYPD Blue” from 2001 to 2004.

    She is represented in the divorce action by Los Angeles family law attorney Michael Trope. Trope formerly represented Larry Birkhead in the paternity fallout which occurred after the death of Anna Nicole Smith. Trope is the son of legendary Hollywood divorce lawyer Sorrell Trope. Sorrell Trope’s firm, Trope and Trope (at which Michael Trope used to practice), has handled countless celebrity divorces and family law matters, including those of Nicolas Cage, Shaunie O’Neal, Nicole Kidman, and Britney Spears.

    Library Topics: divorce, adultery

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    Glee’s Jane Lynch Marries Long-Time Partner Lara Embry

    By K. McKinney | Published: June 4, 2010

    Jane LynchActress Jane Lynch (currently playing evil cheerleading coach Sue Sylvester in the television show Glee) married her longtime girlfriend, psychiatrist Dr. Lara Embry, over Memorial Day weekend in Massachusetts.

    The couple married at the Blue Heron restaurant in the small town of Sunderland in west-central Massachusetts, one of the few states in the country which allows same-sex marriage.

    According to reports, 21 guests attended the ceremony on the restaurant’s patio. A dinner and reception followed at the restaurant.

    Lynch got engaged to Embry in November. Embry is a practicing psychiatrist in southwestern Florida. Lynch found fame as a comedic actress in films such as “Best in Show” and “Forty-Year-Old Virgin”.

    Currently, Massachusetts, Connecticut, Iowa, New Hampshire, Vermont and Washington DC all permit same-sex marriages. Several other states recognize same-sex marriages legally performed in the above-listed states. Massachusetts does not have a residency requirement for the issuance of a marriage license. It is not believed that either Lynch or Embry resides in Massachusetts.

    Jane Lynch and Lara EmbryThe fact that the couple’s marriage is legal in Massachusetts and recognized in some other states does not convey any federal marriage benefits upon them and it does not convey any benefits in most other states.

    If the couple lives in California, they will have to register as domestic partners in order to enjoy some of the legal benefits of marriage such as intestate inheritance rights, rights to make health care decisions for an incapacitated spouse and more. If the couple lives in Florida, their marriage is not recognized as legal and there is no domestic partnership registration.

    Library Topics: same-sex marriage, states that permit same-sex marriage, states that recognize same-sex marriage, marriage license requirements, marriage benefits, Massachusetts family law, California family law, Florida family law

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    Dennis Hopper Dies Before Divorce Finalized

    By K. McKinney | Published: May 31, 2010

    Dennis Hopper and Victoria DuffyActor Dennis Hopper died last week after a protracted battle with prostate cancer. The divorce he filed against estranged wife Victoria Duffy Hopper in January, though, was not final at the time of his death.

    Victoria now reportedly plans to fight for a share of his estate. The couple’s prenuptial agreement provides for Victoria to have a bequest only if the couple was married and living together at the time of Hopper’s death.

    As the divorce was never finalized, they were still legally married (although separated for quite some time). Victoria will apparently argue that they were still “living together” because the house she was living in was on his property.

    If Victoria is successful in her argument, she will be entitled to 25% of her late husband’s estate and $250,000 in life insurance money.

    Dennis Hopper’s attorney, Joe Mannis, commented that, “[s]he said she would challenge it, and I fully expect her to do so.” Mannis most recently represented Larry King’s wife, Shawn Southwick King, in their now-abandoned divorce proceeding.

    As dead people cannot be divorced, the divorce action will be officially closed. And the battle will shift to probate court.

    Hopper and Victoria were married in April of 1996 and have a six-year-old daughter.

    Library Topics: divorce, marriage, prenuptial agreement

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