Sandra Bullock Files for Divorce from Jesse James 0
First, I must get something off my chest. It drives me CRAZY when media headlines imply that the act of “filing” for divorce equals an actual divorce. Case in point: TMZ’s headline this morning screamed “Sandra Bullock Divorces Jesse, Adopts Baby”. They cite People Magazine as the source of their information. Reality check: the People article indicates that Bullock merely filed for divorce and that she is still in the process of finalizing her adoption of infant son Louis. This is not only inaccurate on the part of TMZ’s headline writers, but also irresponsible in my opinion.
So, Sandra Bullock filed for divorce from her husband of five years, Jesse James. Kudos to TMZ for tracking down what appears to be the divorce petition in Austin, Texas, where Bullock maintains a home. The couple lived together in southern California during their marriage.
The couple split last month after media reports that James had several extramarital affairs over the years.
The petition indicates that there are no children born of the marriage. James has three children from two previous marriages. By all accounts, Bullock was very involved in raising those children but will have no legal claim to custody or visitation with any of them. It is possible that she could reach an agreement with James and/or the mothers of his children to allow her some visitation in the future – but that would be completely voluntary on the part of the children’s parents.
The divorce petition does not reference the 3 1/2 month old boy, Louis, whom Bullock and James were in the process of adopting when they split. In an interview, Bullock indicated that she and James started the adoption process several years ago and brought Louis home after his birth in January. The adoption has not yet been finalized though and she plans to complete the process as a single parent.
James released a statement expressing remorse for his actions and sadness at the situation. He indicated that he does not intend to challenge Bullock’s intention to adopt the baby on her own but did mention his efforts at becoming a better for all four of his children.
The petition doesn’t mention a prenuptial agreement but does state that Bullock believes the parties will reach a property settlement agreement. If there is no prenup, filing in Texas avoids the required 50/50 split of California community property law. Although Texas is technically a community property state (i.e., each spouse owns an undivided, one-half interest in any assets acquired during marriage), the courts retain jurisdiction to divide that property by equitable distribution upon divorce.
Equitable distribution does not necessarily mean a 50/50 split – but could result in one party receiving a slightly larger award than the other after consideration of all attending circumstances.
Library Topics: divorce, adultery, custody, visitation, divorce petition, adoption, prenuptial agreement, community property, equitable distribution, Texas family law, California family law, property settlement agreement
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