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

Also See:

• Shaq Files for Divorce – Will the Prenup Hold Up?
• Shaq Divorce Dismissed
• Shaq’s Wife Files for Legal Separation
• Shaq Files to Keep Divorce Out of California

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1. Shaq Files to Keep Divorce Out of California
2. Shaq’s Wife Files for Legal Separation
3. Shaq Divorce Dismissed

Morley has asked a Connecticut court to modify the custody order, giving her sole legal custody. Williams is seeking to retain joint legal custody.

The kids have spoken out against their father, even apparently hiring an attorney to present their opinions to the court. They asked the court to order him to pay their legal fees. Williams claimed he couldn’t pay $7,500 in legal fees for their attorney in court last week. He is however reportedly current on his $18,700 monthly child support payments.

Williams hosted a daytime talk show for 17 years. Show topics often focused on the importance of family and social responsibility.

“My dad is now like a stranger,” Wyntergrace, 15, told the New York Daily News.

“I wouldn’t say I really have a relationship with my dad,” Montel II said. “He’s not in my life right now. It’s his choice.” The teenager indicated that his father argued about things like paying for his son’s PSAT testing.

Wyntergrace has indicated that she has seen her father four times in five years.

Williams claims that a life coach hired by Morley for the children is meddling in his relationship with the children, keeping them apart.

Both kids said that Williams used to take Montel II on vacations but excluded Wyntergrace. When Williams married for a third time in 2007, he invited his son but not his daughter. When Williams turned 50, he invited Montel II to the party but not Wyntergrace.

Courts determine custody only after determining what would be in the best interests of the children. Despite their advanced ages, the courts will not automatically issue an order in alignment with the requests or opinions of the Williams children. It is likely, because of their ages, that the court will give those opinions substantial weight in making its decision – but they will not be the only factor considered.

Library Topics: types of custody, modifying a custody order, child support

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The couple has five children together, ranging in age from 15 years to 17 months. They were high school sweethearts, finally marrying in 2001. In the divorce petition, Tawanna Iverson asked for temporary and permanent custody of the children as well as child support and alimony.

According to the petition, the Iversons have lived in Atlanta since August 2009. Prior to that, the family lived in Rochester, Michigan, Englewood, Colorado, Denver, Colorado and Villanova, Pennsylvania. (Iverson played for the 76ers from 1996 to 2006 and returned to the team just recently. Since 2006, he played for the Denver Nuggets, Detroit Pistons and Memphis Grizzlies.)

Tawanna Iverson is known for being a private person. She has not spoken to the press and there has been no disclosure of the nature of Messiah’s illness. Rumors are now swirling that Allen Iverson is battling both alcohol and gambling addictions.

Normally, we would guess that no prenuptial agreement exists when a celebrity married his or her high school sweetheart. However, the Iversons – although a family prior to AI’s NBA stardom – were not married until five years after he was drafted and after he was named league MVP. It is quite possible that a prenuptial agreement was signed prior to their marriage.

Regardless of the existence of a prenup, Iverson will be required to pay child support for all five children – as a prenup may not limit or set an amount of child support.

Library Topics: custody, child support, alimony, prenuptial agreement

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The family court judge had ordered Baker to explain why she hadn’t followed orders to sign letters giving a court-appointed expert on music industry contracts authorization to seek information from record companies about payments for the music she has written and performed. After a hearing on Wednesday, the judge ordered Baker to return to court on Friday and sign the authorizations or face going to jail.

“Frankly, I haven’t heard anything that amounts to an appropriate legal objection to signing these letters,” the judge stated Wednesday. “I’m very upset that we have been here all day saying she isn’t going to sign something she hasn’t read.”

Baker complained that “experts” have dominated court proceedings since her divorce from Walter Bridgforth Jr. in 2007, and she wanted to speak directly to the judge. A Detroit entertainment attorney was appointed by the judge as a music contract expert in an effort to settle the dispute.

Baker’s divorce settlement with Bridgforth called for 50-50 division of royalties from two albums made during the couple’s 20 year marriage; ‘Giving You the Best I Got” in 1988, and “Rhythm of Love” in 1994.

Bridgforth has objected to an accounting that would have given him only $12,000 for his half of the royalties in 2009. He believes the true royalty figures were much higher. The court-appointed expert wants access to information directly from the record companies in order to determine the appropriate amount.

Although Baker signed similar letters of authorization immediately after the divorce, the new letters contain demands for “mechanical” royalties, or the inclusion of songs created during the marriage on more recent “best of” albums. Baker objected to the judge that this is an area that wasn’t negotiated in the divorce.

“I think I understand Ms. Baker’s objection,” the judge said before ordering the court-appointed expert to meet with Baker to rewrite the letters with mutually-acceptable language.

Library Topics: divorce, property settlement

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She filed for legal separation in June 2009 but dismissed the case about a month later. She now claims that the date of separation was January 2010. She is asking for joint physical and legal custody of the couple’s daughter, Aisha.

According to the documents filed this week, the parties have already reached a “mutual settlement agreement” over assets. It seems then that this divorce will be a quick process.

Barry Bonds was married once before and battled his first wife in court for years over the validity of their prenuptial agreement. He is currently facing federal perjury charges relating to an investigation into illegal steroids. One of the witnesses in that case is Bonds’ former mistress, Kim Bell.

Bonds has not played professional baseball since 2007. His agent recently indicated that it was highly unlikely that Bonds would return to baseball.

Library Topics: divorce, legal separation, custody, settlement agreement, prenuptial agreement, adultery

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Bristol requested somewhere in the neighborhood of $1,700 a month in temporary and retroactive support, based on her belief that Johnston made in excess of $105,000 last year.

Johnston has argued that he didn’t make as much in 2009 as Bristol believes – and that his 2009 income (whatever it was) was an anomaly. He claims that, prior to 2009, he’d never made more than $10,000 a year. Bristol’s attorneys released a paycheck stub from 2008 that shows Johnston was paid $18,594 from one employer in 2008.

Now, Bristol and her attorneys have subpoenaed many of the companies that may have compensated Johnston over the past year to determine what exactly he did make in 2009. Johnston posed for Playgirl and was also reportedly paid by multiple magazines and media outlets for interviews. Although parties in a family law case are required to voluntarily disclose their income, it is also not unusual for one party to subpoena compensation records especially when their is a dispute as to the amount or value of certain compensation.

The Palin legal team has subpoenaed records from Vanity Fair, ‘Entertainment Tonight,’ the National Enquirer and CNN. The subpoenas seek “copies of any checks, IRS forms and all in-kind services, such as airfare, hotels, meals, transportation and per diem.” Depending on the nature of the in-kind compensation, the value of those services could also be counted toward income for purposes of calculating child support.

In a more common example, a parent who is paid a salary and receives a paid-for company car as well might have the monthly value of that benefit added to his or her income for child support calculations – because it is similar to a situation in which the parent receives cash for a car payment, gas and repairs each month. Although the cash is not received, that parent is also not paying anything for the use of a car when he or she would otherwise bear those expenses, so they are ultimately in a better cash position.

Under Alaska family law, a non-custodial parent must pay 20% of income up to $105,000 a year for the support of a single child. Johnston’s 2009 child support obligation will be determined based upon how much he made that year. Going forward, the court will likely have to impute income to Johnston, speculating on his earning power based upon several factors including his income history.

Library Topics: child support, Alaska family law

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Mathew Knowles

Earlier this week, a Los Angeles judge issued the support order, retroactive to February 1. Knowles must also pay 100% of uninsured medical costs related to Wright’s pregnancy and childbirth as well as other baby-related expenses, setting the figure at $20,750 for the month of January. Knowles reportedly already paid about $10,000 for hospital bills.

Wright claims she had an 18-month relationship with Knowles and he is Nixon’s father. Knowles has not denied paternity (but has not admitted it either). A DNA test is scheduled for March 1.

Wright is represented by family law attorney Neal Hersh. Knowles’ attorney is celebrity lawyer Lance Spiegel.

Mathew Knowles is currently involved in another family law matter as well – a divorce from his wife of many years, Tina Knowles.

Library Topics: child support, paternity, DNA test, family law attorney

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In July 2008, Parker filed a motion to modify the child support judgment because the original, in place since 1996, covered just two of their three children. (Not sure if Parker also mentioned the fact that 14 years have passed and Flav achieved new fame and earning-potential after becoming a VH1 “reality” show spectacle.) She won an appeal in January increasing Flav’s payments from $117 to $837.72 a week for child support, plus tuition for the kids’ private school, retroactive to the 2008 filing.

“The judgment is recent as I was just made aware of it,” Flav said, adding, “I’ll certainly be addressing it. However, I’ve made payments on my children’s tuition, and have made direct payment to the mother outside of the court order.”

Although the $63,000 figure does make Flav sound like a pretty serious deadbeat, his statement actually has the ring of truth. $837.72 a week over the course of a year and a half totals just over $65,000. So, the retroactive nature of the new child support order automatically created the delinquency.

Not sure what Flav’s status is with his other child support orders. He has seven kids (including the three with Parker) by three different women. The youngest is three years old. The oldest, who is in her 20s, has two children of her own – making Flav (age 50) a grandfather.

Library Topics: child support enforcement, motion to modify child support

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According to Hopper’s doctor, “The presence of his estranged wife is hampering Mr. Hopper’s present cancer care…” The doctor added, “It is my belief and recommendation that the less Mr. Hopper has to do with his estranged wife at this time, the more likely he is to have his life extended.”

The judge ordered Victoria must stay 10 feet away from Dennis, his adult children and his assistant. She is prohibited from entering Hopper’s main residence or any other Hopper property other than the unit where she is currently living. The judge ruled Victoria can stay in the unit until March 11, 60 days after Hopper’s divorce petition was filed. This 60-day time frame comes from the couple’s prenuptial agreement.

The judge also gave Dennis visitation rights to their daughter, Galen, every day between 5 and 7 PM.

Hopper filed for divorce last month. She claims Dennis’ adult children are making his decisions for him and want to cut her out of any inheritance. Hopper and his doctor told the court that he is of sound mind to make his own decisions.

Details of the parties’ prenup were made public in the course of the hearing. Unless it is invalidated, it appears that the prenup would allow Hopper to keep several pieces of real estate including the main residences in Venice, California, a New Mexico property, and land in Arizona. He would keep his premarital property and a multi-million dollar art collection.

The prenup also guaranteed Victoria a $250,000 life insurance policy and 25% of everything in his will only if the couple was married and living together at the time of his death.

Hopper previously indicated that he was willing to pay spousal support to his wife of almost 14 years. And TMZ.com, the site that revealed the prenup details, hasn’t mentioned anything about the division of marital property. Presumably, Hopper earned money and amassed property over the past 14 years which property would, for the most part, be considered community property under California law.

Victoria will likely be entitled to half of any property accrued since the date of marriage in the divorce. She just doesn’t get a share of the fortune Hopper made in the forty years prior to their marriage.

Library Topics: divorce, prenuptial agreement, visitation, marital property, community property, spousal support

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After Maddie was born in June 2008, Jamie Lynn and Aldridge moved into a home together in Liberty, Mississippi and were reportedly engaged.

She reportedly moved out of the house she shared Aldridge about six weeks ago and is now living with her mother nearby in Louisiana. Sources now say that the couple has broken up and that Jamie Lynn is dating a Louisiana businessman ten years her senior.

Although the couple was never legally married, they will still have a number of divorce-like matters to attend to. First, it will be important for a court to determine paternity of little Maddie. Aldridge is undoubtedly the presumed father, as he is likely listed as father on the child’s birth certificate. A court order is still necessary to make the relationship legal in the absence of a marriage.

After paternity is legally established, the former couple can move on to a discussion of custody, visitation and child support. Reports indicate that Aldridge is a construction worker and may currently be working out-of-state. It seems likely then that Jamie Lynn would seek primary physical custody of the child. Child support will likely be determined by an approved calculation based upon each parent’s income.

Finally, because they lived together for approximately two years and shared a home, there is likely some division of property to be done. Depending on the title of the house and any cohabitation agreement, they could end up in court unless they are able to reach a property settlement.

Library Topics: broken engagements, marriage, paternity, presumed father, custody and visitation, child support, primary physical custody, division of property, cohabitation agreements, property settlement

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Private Practice/Grey’s Anatomy

The couple married in September 2007 and split in November 2008.

According to court documents, Young was awarded $627,000 for his share of the community property. He originally sought spousal support but was denied. Walsh was awarded the marital home. They split the artwork and furniture as well as the residuals for the “Grey’s Anatomy” and “Private Practice” episodes Walsh filmed while they were married.

“One-half of the community property furniture and artwork to be divided by alternating picks after the flip of a coin to determine who will pick first,” their settlement agreement reads.

This settlement seems very simple for a divorce that was so publicly bitter and took over a year to resolve. Our guess is that Young thought there was a lot more money available for distribution than actually existed. And when the big picture was finally clear, they couldn’t set aside animosity long enough to even divide the furniture – thus the coin flip decision.

Library Topics: divorce, divorce attorney, settlement, community property, spousal support

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In the two and a half years since the initial divorce filing, the couple has exchanged financial information. They presumably sold their multi-million dollar Northern California mansion (it was originally on the market for $22 million). And they agreed to at least a partial distribution of certain retirement accounts via Qualified Domestic Relations Orders (QDROs) – although those could have been used to fund the divorce litigation.

They were finally divorced in a bifurcated proceeding in December 2009. In a bifurcated divorce, a couple asks the judge to legally terminate the marriage, making each party single again, while preserving other, more complex issues for resolution at a later date. Bifurcation is often used in cases with complicated financial matters or in cases with serious child custody conflict.

Many states do not allow bifurcation at all – California family law does permit bifurcation. As we’ve seen here in this blog, celebrities – who often have complex financial holdings – often utilize bifurcated divorce.

Library topics: divorce, division of retirement accounts, bifurcated divorce, California family law

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“It is an extraordinarily sad moment, but I love my children more than anything and still care deeply about Elizabeth,” the former politician said in a statement. A spokeswoman for Elizabeth Edwards released a statement saying she’s “moving on with her life” after a “excruciatingly painful period for her.”

Elizabeth Edwards apparently decided to leave after a mediated visit last month in which she met the two-year-old daughter of her husband and his former mistress Rielle Hunter.

The couple now reside separately. She lives in the family’s Chapel Hill home. He splits his time between an annex to that residence that they refer to as “the barn” and their beach house 160 miles away. Apparently, neither party has yet filed for divorce. Elizabeth has reportedly had divorce papers ready to file for the last year. She is still undergoing cancer treatment and will make a filing decision based on her health, according to sources.

In North Carolina family law, a couple can obtain a divorce only after they have been separated for a year.

I would imagine that the Edwards family has the appropriate estate planning in place but it is important to note that, in general, separated but not divorced spouses still have inheritance rights under the law. And children who are not listed in a will may still have certain inheritance rights as well. It is always important to update your estate planning whenever family dynamics change to make sure that everyone is taken care of in the event of your death in the manner you wish to see them taken care of.

Library Topics: separation, paternity, adultery, divorce, North Carolina family law

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Bristol Palin

Bristol alleges that she provides nearly one hundred percent of the child’s care, and that Johnston has only paid $4,400 in support since Tripp’s birth. Johnston’s lawyer claims that his client attempted to give money to Bristol, requesting that she come pick up the funds and bring Tripp with her on those occasions, but that Bristol never appeared to claim the money. Johnston’s manager says that Johnston has paid more than $10,000 since Tripp was born in December 2008.

Johnston posed for “Playgirl” magazine in 2009 and has made numerous press appearances. Bristol believes Johnston made “in excess of $105,000 in 2009 through various media interviews and modeling related activities.” Under Alaska family law, a non-custodial parent must pay 20% of income up to $105,000 a year for the support of a single child. Twenty percent of $105,000 comes to $1,750 a month. The $1,750 a month request is for temporary and retroactive support pending a permanent order. Presumably, if Bristol can prove that Johnston did make more than $105,000, the permanent support figure might actually be more than $1,750.

Library topics: Child Support, Alaska Family Law

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Previously, Edwards claimed that it was “impossible” for Hunter’s daughter to be his child.

An Edwards advisor says that Edwards and his wife of over 30 years, Elizabeth Edwards have separated. Edwards apparently did not make any media appearances because of the ongoing federal investigation into whether he used campaign money to cover up the affair with Hunter.

Coincidentally (or not), Edwards’ admission comes less than two weeks before release of a tell-all book by former aide Andrew Young, who previously claimed to be the father of Hunter’s child. Young will reportedly reveal that Edwards had asked him to falsify paternity test results.

Frances Quinn Hunter was born Feb. 27, 2008, which would mean that she was conceived in the middle of 2007, several months after Hunter stopped working for the Edwards presidential campaign.

John and Elizabeth Edwards renewed their wedding vows in July of 2007, to celebrate their 30th wedding anniversary. Elizabeth Edwards had previously battled breast cancer, a disease which recurred in March 2007.

Edwards initially denied the affair as well as paternity of the child. He then admitted the affair in August 2008 but maintained that the relationship ended prior to the conception of Quinn. He has reportedly reached a child support agreement with Hunter recently.

Library topics: Legal Separation, Adultery, Paternity, Paternity Tests, Child Support

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Noah Wyle

“Tracy Wyle and Noah Wyle, who separated in late October 2009, have confirmed they have entered into a mediation process,” read the released statement. “Neither has legally filed for divorce. Tracy and Noah live in separate residences; however their two children (Owen, 7, and Auden, 4) see both parents daily.”

Wyle, best known from the television show ER, married Tracy, a makeup artist, in 1998. They met on the set of a movie in 1996, two years after the debut of ER.

Wyle recently wrapped a TNT pilot for a sci-fi show, co-produced by Steven Spielberg and DreamWorks Television.

It is interesting that neither has filed for divorce yet and maybe more interesting that the publicist felt the need to point that out. Mediation is a settlement negotiation process involving a neutral third-party who facilitates discussion and compromise between parties. It is certainly not relationship counseling and is a surefire indicator that this matter will eventually be finalized in court.

My best guess is that the Wyles wanted to fly under the radar for as long as possible in this process and are attempting to come to a settlement agreement before even filing for divorce so that the legalities will be quick and private. Rather civilized, especially for Hollywood.

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Hopper and Duffy were married in April of 1996 and have a six-year-old daughter. He is requesting joint legal and physical custody of the little girl.

The news of divorce comes on the heels of reports that Hopper is losing his battle with prostate cancer. His publicist acknowledged the actor’s diagnosis this past fall.

It seems likely that Hopper and Duffy have a pre-nuptial agreement – as Hopper had four failed marriages under his belt and 40+ years of film acting prior to this marriage. This marriage was, however, his longest lasting marriage. Hopper has three other children, ages 48, 36 and 19.

Hopper is represented by attorney Robert Rosenfeld of the Beverly Hills firm Leeds, Wender & Rosenfeld. Rosenfeld recently represented Johnny Knoxville’s ex-wife Melanie Clapp in their divorce. His law partner Fern Wender has represented celebrities including Charlie Sheen and Tyrese Gibson.

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Edwards, who makes about $5 million a year, filed for paternity in Atlanta, claiming that Pace is a Georgia resident. She claims that she is a New York resident and has been since 2006 due to her career. She says that she gave birth in Georgia because she had family support there.

Pace is represented by celebrity family law attorney, Raoul Felder, who told the New York Post: “Braylon had tried to get the case litigated in Georgia because they are traditionally less generous with child support payments. It’s a cold, calculated act to pay less money.” Felder explained that they “had the case dismissed in Georgia and moved [it] to New York because this is where Nik lives. We served Braylon in the past week. He can run, but he can’t hide.”

Raoul Felder has previously represented many high-profile divorce clients including Rudy Giuliani, David Gest (Liza Minnelli’s ex-husband), Shaniqua Tomkins (mother of 50 Cent’s son) and Joumana Kidd, ex-wife of NBA star Jason Kidd.

An associate for Felder’s firm reportedly saw Edwards out to dinner recently, returned to her office and picked up the papers to have him served at the restaurant.

Reports indicate that Pace is seeking child support of $70,000 a month. Pace has denied that to be true.

Some sources indicate that Edwards and Pace have know each other for a while but were never serious. Pace issued a press release stating that they had a two-year relationship.

Edwards’ camp says that she has kept Edwards from seeing the baby. She says that is completely false. Both sides appear to agree that he has been paying some child support but that Pace hasn’t cashed any of the checks yet, pending resolution of the court case. (This is not unusual when the receiving parent doesn’t want to be seen as accepting or acquiescing to a lower amount of support.)

Edwards is currently represented by Atlanta attorney, Randy Kessler. Kessler has previously represented the mother of rapper T.I.’s children, the mother of boxer Evander Holyfield’s child, mothers of basketball player Jason Caffey’s children, the mother of football player Andre Rison’s children, football player Travis Henry and rapper Juvenile.

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Real Housewives of Orange County

The couple have been married for over 11 years and have three children, ages 11, 9 and 4. Tamra also has a 20-year-old son from a previous marriage.

The Barneys’ marital problems have been featured on the most recent season of Bravo’s The Real Housewives of Orange County. Arguments have largely centered over finances and Tamra’s older son.

RadarOnline reports that Tamra Barney moved out of the couple’s Orange County home earlier this week and into a two-bedroom apartment.

Simon Barney’s allegations of adultery are especially interesting because Tamra has been especially hard on fellow cast member Gretchen Rossi, claiming Rossi was not faithful to late fiancé Jeff Beitzel. They are also interesting because they don’t seem to have any legal purpose. He filed for divorce on the no-fault grounds of irreconcilable differences and there is no indication in the petition that there is a prenuptial agreement which might have an infidelity clause.

Tamra’s alleged infidelity is unlikely to have any bearing on division of marital property – as California is a community property state. And Simon Barney has petitioned the court for joint legal and physical custody of the children – so he is not attempting to use any immorality against her in a custody fight (which would likely be for naught anyway).

So, is the allegation merely included out of anger to embarrass Tamra? I guess we’ll see…

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Dean Sheremet

Sheremet married singer/actress Rimes in 2002, when they were 21 and 20 years old. They separated in July 2009, amidst rumors (later substantiated) that Rimes had an extramarital affair with actor Eddie Cibrian. Cibrian and his wife are also divorcing. Rimes and Cibrian have since gone public with their relationship.

Sheremet is represented by Los Angeles divorce attorney Stacy Phillips. Phillips previously represented Britney Spears, Bobby Brown and Tori Spelling’s first husband, Charlie Shahnaian.

Sheremet was a backup dancer when he met Rimes and reportedly worked a bit as a choreographer during the marriage. (He is now taking classes at the French Culinary Institute in New York City.) His income though is almost positively negligible compared to that of Rimes during the same time period.

It is unknown whether or not the couple has a prenuptial agreement – although it certainly would have been smart of Rimes to do so, as she has been a successful recording artist since age 13. If they did enter into a prenup, Rimes could protect her premarital property by clearly identifying it at the time of marriage, eliminating any future argument that certain property was marital in nature. She could also have obtained an agreement that royalties and other income based on work she performed prior to the marriage be denominated at her separate property. It seems likely as well that she would probably have much of her musical income set aside as her separate property – with a provisional settlement to Sheremet upon divorce.

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