Tony Parker’s TX Divorce Lawyer Withdraws 1

Earlier this month, Desperate Housewives actress Eva Longoria filed for divorce from her NBA star husband, Tony Parker. Longoria filed in Los Angeles, where she apparently lives. A few days later, Parker filed for divorce in Bexar County, Texas, where he lives and plays basketball for the San Antonio Spurs.

This week, news hit that Parker’s Texas divorce attorney, Richard Orsinger, would be withdrawing from the case.

Orsinger reportedly has a conflict of interest because he also represents Parker’s former teammate Brent Barry in his divorce from wife Erin Barry. Parker and Erin Barry allegedly carried on at least an inappropriate “sexting” relationship, the discovery of which apparently stressed both marriages to the breaking point. Parker could potentially be a witness in the Barry divorce; Erin Barry could potentially be called as a witness in the Parker/Longoria divorce. Thus, the conflict of interest.

Longoria’s California petition references the parties’ prenuptial agreement; Parker’s petition does not cite a prenup but such a citation isn’t necessarily required.

If the prenuptial agreement is disavowed, it could have substantial bearing on the resolution of any property division. Both California and Texas are community property states. However, absent an agreement, California courts will divide marital assets 50/50 between the parties. In Texas, the court will divide community property in a just and fair manner – but not necessarily equally.

It will be up to the courts to decide (or the parties to agree) as to appropriate jurisdiction over the divorce of the Hollywood actress and the Texas basketball player. Presumably, the couple has spent time in both states over the course of their short marriage. They presumably have real estate in each jurisdiction.

Texas would assume personal jurisdiction over Longoria if “[Texas] is the last marital residence of the petitioner and the respondent and the suit is filed before the second anniversary of the date on which marital residence ended.” To the casual observer, this would seem to apply. California, thought, may also have jurisdiction – especially if Parker owns real property there and has resided and worked there on several occasions.

My guess is that this jurisdictional battle is merely posturing and that Parker and Longoria will ultimately sort out their differences pursuant to the terms of their prenup.

Library Topics: divorce, divorce attorney, adultery, prenuptial agreement, property division, community property states, dividing marital assets 50/50, equitable distribution, jurisdiction

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