Shaq Files to Keep Divorce Out of California

Basketball superstar Shaquille O’Neal has filed legal documents arguing that his split from wife Va’shaundya O’Neal should not be handled in California’s family courts. Shaunie filed for legal separation earlier this month in a Los Angeles court, one day after moving with the couple’s four children from Florida to California.

Shaq claims that the California courts have no authority to hear the divorce as the O’Neals are really residents of Florida. The former couple were married in L.A. in December, 2002 – when Shaunie was pregnant with their third child. They have lived in Florida since Shaq was traded to the Miami Heat from the Lakers in 2004 (Shaq currently plays for the Cleveland Cavaliers).

The fight over venue for the O’Neal divorce will be an interesting one from a legal perspective. Presumably, their prenuptial/cohabitation agreement was originally signed while they lived in California and it appears, from Shaunie’s divorce filing, that they still own some real estate in California and even spend some extended periods of time in their west coast home. They likely still have substantial business holdings in California as well.

Florida though has clearly been the family’s home for the last five years. Their main residence is in the Miami area. It seems likely that the children attended school there as well. The connections to each state appear strong.

In order for a court to have proper jurisdiction to make an initial determination of child custody under the Uniform Child Custody Jurisdiction and Enforcement Act though, it must be in the current home state of the child, where the child has resided with a parent for six consecutive months immediately before commencement of custody proceedings.

It seems that state would be Florida. However, Shaunie’s current California filing is for legal separation with the intention of seeking divorce upon meeting residency requirements. In California, Shaunie will meet residency requirements in six months – at which time, the court could possibly exert jurisdiction over the kids as well.

We will be very interested to see Shaq’s filings to determine exactly what legal arguments he is making in this regard and exactly what factors he relies upon.

does intend to amend her petition for legal separation and obtain a final divorce. She filed under California Family Code section 2321, which allows someone to file for legal separation in the state even if he or she does not meet residency requirements, amending the document to a petition for dissolution upon meeting those requirements. In this case, it will be six more months before Shaunie meets the residency requirements – and probably many more months after that before the case is resolved.