John Edwards Admits Paternity of Mistress’s Baby

By K. McKinney | Published: January 21, 2010

John Edwards and His Mistress, Rielle HunterFormer senator, vice-presidential candidate, and presidential candidate John Edwards on Thursday admitted paternity of a daughter with former mistress Rielle Hunter, contradicting multiple previous denials. “I am Quinn’s father,” Edwards said in a statement. “I will do everything in my power to provide her with the love and support she deserves…. It was wrong for me ever to deny she was my daughter.”

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, Wife Split

By K. McKinney | Published: January 16, 2010

Noah Wyle, Tracy Wyle, and ChildrenNoah Wyle and his wife, Tracy Wyle, have separated after 11 years of marriage, according to a family spokesperson.

“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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Dennis Hopper Files for Divorce

By K. McKinney | Published: January 15, 2010

Dennis Hopper and Victoria DuffyActor Dennis Hopper has filed for divorce from wife #5, Victoria Duffy. Hopper lists this past Tuesday as the date of separation. The filing, in Los Angeles, cites irreconcilable differences as grounds for the divorce. The documents indicate that he is willing to pay spousal support.

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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NY Jets Star Braylon Edwards Served with Child Support Papers

By K. McKinney | Published: January 8, 2010

Braylon EdwardsNew York Jets wide receiver Braylon Edwards apparently fathered a child with “America’s Next Top Model” contestant Nik Pace, who is now pursuing him in New York for child support. Pace gave birth to Braylon Jr. in Georgia last August.

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 Housewife of Orange County Tamra Barney Headed for Divorce

By K. McKinney | Published: January 7, 2010

Tamra and Simon BarneyReal Housewives of Orange County star Tamra Barney has been served divorce papers by husband Simon Barney. In his Petition for Dissolution of Marriage, Simon Barney asserts that Tamra “has been verbally abusive and has committed acts of disloyalty and infidelity.”

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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LeAnn Rimes’s Husband Finally Files for Divorce

By K. McKinney | Published: December 21, 2009

LeAnn Rimes and Dean SheremetDean Sheremet finally filed for divorce from LeAnn Rimes last week. Sheremet’s divorce petition seeks spousal support from Rimes as well as payment of his attorney fees and litigation costs.

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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Jon & Kate Divorce Finalized

By K. McKinney | Published: December 20, 2009

Kate Gosselin and Jon GosselinA Pennsylvania judge signed a divorce judgment this week, finalizing the split of Jon Gosselin and Kate Gosselin, former stars to the reality show Jon & Kate Plus 8. The couple has eight children, twin daughters and a set of sextuplets.

The couple reportedly agreed that Kate Gosselin would have primary physical custody of the children with visitation for Jon Gosselin. They also apparently agreed that neither would receive spousal support.

The details of their financial split however were left to an arbitrator, an independent third-party who heard evidence and arguments and issued a binding decision on the money matters. According to Kate Gosselin’s lawyer, Kate will continue to live in the former marital home as primary residential custodian of all eight kids.

Jon Gosselin’s attorney says that “the arbitration proceedings are still a work in progress.” Not sure what that means as it has been widely reported that the arbitrator issued his ruling and that said ruling was finalized by the family court’s judgment.

TMZ.com reports that Jon has been ordered to pay substantial child support and was also charged with the $235,000 he withdrew from the former couple’s joint bank account earlier this year. That amount was deducted from his side of the property distribution. They report that Jon’s arguments that Kate also withdrew inappropriate funds were rejected by the arbitrator.

There has been no report on whether the parties agreed to allow the children to appear on Kate Gosselin’s new reality show. Jon Gosselin recently refused to allow the kids to appear on Jon & Kate Plus 8, resulting in the cancellation of the show.

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Beyonce’s Mom, Tina Knowles, Files for Divorce from Mathew Knowles

By K. McKinney | Published: December 19, 2009

Tina Knowles and Matthew KnowlesTina Knowles, mother of singer Beyonce Knowles, has filed for divorce from her husband Mathew Knowles. Tina Knowles apparently filed last month in Harris County, Texas. The couple has been married for almost 31 years.

The divorce paperwork indicates that the couple separated last January. Back in October, Mathew Knowles was served with a paternity lawsuit filed in California by another woman. At the time, this woman was six months pregnant – so it now appears that the pregnancy happened after Mathew and Tina Knowles split.

The Knowles have two grown children: Beyonce and her younger sister, Solange (who is also a singer). Mathew Knowles was the manager of Beyonce’s group Destiny’s Child and is currently managing her solo career. Tina Knowles was Destiny Child’s costume designer and now designs for Beyonce’s fashion label, House of Dereon.

Because of their involvement with Beyonce’s (and to a lesser degree, Solange’s) career over the years, the Knowles are likely very wealthy. They each appear to have active careers (however tied to Beyonce’s that they might be).

As Texas is a community property state, the Knowles will very likely split their marital assets and debts equally. Unless one or the other entered the marriage with substantial property or inherited property during the marriage, all of their wealth is likely to be considered community property and available for equal distribution.

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Guardianship of Courtney Love’s Daughter Awarded to Kurt Cobain’s Mother

By K. McKinney | Published: December 15, 2009

Courtney Love's DaughterCourtney Love, once again, has lost legal authority over her 17-year-old daughter, Frances Bean Cobain. A California court appointed Frances’s paternal grandmother Wendy O’Connor and her aunt Kimberly Cobain as temporary legal guardians. A hearing is currently scheduled for February 10, 2010.

Despite media speculation, Love’s attorney claims that the guardianship is not the result of an inability to parent on Love’s part but is merely because Frances prefers to live with her grandmother in Washington state.

“Frances is 17 and a strong-willed child, and this is a decision she made on her own,” the attorney told media. “No matter what, Courtney loves her daughter more than anything in the world.”

Love and her daughter are no strangers to the family court. Frances was born in August, 1992 and was almost immediately removed from the custody of Love and her father Kurt Cobain due to suspicions of severe drug use. It took several months before they were granted full custody of their daughter.

Cobain killed himself in 1994. In 2003, Love overdosed and was arrested for trying to break into an ex-boyfriend’s home. O’Connor was awarded custody of Frances while Love was in rehab. They then engaged in a protracted and very bitter court battle over who would retain guardianship of the then 11-year-old. In 2005, the court gave custody and guardianship back to Love.

Frances told a magazine reporter last year that O’Connor “is probably the person I respect most out of anybody in the world.”

It is important to note that no parental rights appear to have been terminated here. It is currently just a temporary court order. If Love has agreed to allow Frances to move in with O’Connor, it seems appropriate that O’Connor should have some legal authority over the child. Also important to note is the fact that Frances has a trust fund and the guardianship paperwork does NOT give O’Connor or Kimberly Cobain any authority over the trust.

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South Carolina Gov. Sanford’s Wife Files for Divorce

By K. McKinney | Published: December 14, 2009

South Carolina first lady Jenny Sanford filed for divorce last week after several attempts at reconciling with her estranged husband, Governor Mark Sanford. Sanford made the news six months ago after he disappeared and was ultimately discovered returning from a rendezvous in Argentina with a mistress.

Mark and Jenny Sanford

The Sanfords have four sons and have been married for 20 years. Mark Sanford previously described his mistress Maria Belen Chapur as his “soul mate.”

Jenny Sanford, a former Wall Street executive, has been living in the family’s beach home with their sons since she moved out of the governor’s mansion in August.

Jenny Sanford’s divorce complaint was filed on the grounds of adultery. She appears to be an exception to the recent trend of public wives who have stood behind their adulterous husbands.

Mark Sanford did not tell his family or his staff where he was back in June when he left for a week to be with Chapur in Argentina. His staff told reporters he was hiking the Appalachian Trail but reporters discovered him at the airport upon his return home. He then confessed the affair at a news conference. Subsequently, a series of intense emails between Mark Sanford and Chapur were made public.

Jenny Sanford indicated an openness to reconciliation at the time. She had learned of the affair several months earlier but thought that it had ended, despite several requests from Mark Sanford to visit Chapur. (Jenny Sanford would not give her okay to such a visit.)

Jenny Sanford comes from a wealthy family. Her grandfather founded the Skil Corp., which manufactures power tools. Another grandfather ran a large Chicago law firm. She graduated from Georgetown University and was a vice president for the Wall Street investment banking firm Lazard Freres & Co. in the 1980s. She met Mark Sanford in New York, where he also worked on Wall Street.

They married in 1989 and moved to South Carolina, where Sanford worked in real estate before serving three terms in Congress. Jenny Sanford ran his campaigns.

It is unknown whether the Sanfords have a prenuptial agreement. Mark Sanford had a comfortable, even affluent upbringing but doesn’t appear to have nearly the family wealth that his wife has. It would have been smart of Jenny Sanford and her family to protect that wealth in some manner – either through a prenuptial agreement or a trust.

This month, South Carolina legislators recommended that the governor be formally rebuked rather than impeached for the situation. (He apparently used state planes and funds for personal and political trips, including travel to see Chapur.)

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Jesse James Wins Custody Battle Against Janine Lindemulder

By K. McKinney | Published: December 11, 2009

Jesse JamesJesse James, motorcycle builder, host of TV shows such as “Monster Garage” and husband of Sandra Bullock, won the latest custody battle between he and his ex-wife, Janine Lindemulder, over their five-year-old daughter, Sunny. Lindemulder is a former adult film star and is still working in the adult entertainment industry – although apparently not in front of the cameras.

A California judge denied Lindemulder’s request for extended custody of Sunny. Lindemulder, a former adult film star, sought to expand her current visitation to include overnight stays. Her visitation is still restricted to daytime hours only.

James took full custody of Sunny earlier this year when Lindemulder was sentenced to federal prison for tax law violations. She was released from prison this summer but has been required to live in a halfway house until recently.

While in the halfway house, Lindemulder met and married Jeremy Aikman, a convicted felon. Aikman was finishing up a four year sentence for being a felon in possession of a weapon.

After she was released from the halfway house, the family court commissioner granted Lindemulder daytime weekend visitation rights on the condition that she not consume any drugs or alcohol and that she keep Sunny away from Aikman. Then, more recently, Lindemulder requested the now-denied overnight visitation as well.

Despite James’ protests, the court did grant Lindemulder the ability to keep Sunny overnight on Christmas Eve. She must return Sunny to James by noon on Christmas.

In my experience, there is a high likelihood that the court’s custody decision is not based entirely on Lindemulder’s failure to pay income taxes and six months in prison. The commissioner must determine what custody arrangement is in the best interests of the child. The drug and alcohol abstinence conditions for visitation lead me to believe that Lindemulder has (or had) a drug and/or alcohol dependency – which addiction forms the basis for James’ allegations that she is unfit to make decisions for the child or have unsupervised, overnight visitation.

Lindemulder is scheduled to appear for a hearing next week on a possible violation of the terms of her supervised release, relating to her tax violation sentence.

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Tiger Woods and Elin Nordegren Reportedly Renegotiate Prenup

By K. McKinney | Published: December 7, 2009

Tiger Woods and Elin NordegrenAfter the Thanksgiving week incident in which golfer Tiger Woods crashed his SUV outside his Florida home, the story took on a life of its own with daily disclosures from alleged mistresses. Now, about a week later, as many as nine different women have been linked to Woods during the course of his marriage to former model and nanny Elin Nordegren.

The couple has been married since 2004 and has two young children together. Unsurprisingly, the couple entered into a prenuptial agreement prior to their wedding and have now renegotiated the terms of that agreement in light of recent events.

Many tabloids, gossip bloggers and news outlets are reporting that Woods and Nordegren are undergoing intensive marital counseling but that they also reached agreed-upon terms for a post-nuptial agreement to supercede the prenup.

The prenuptial agreement was apparently worth $20 million to Nordegren after 10 years of marriage. Some reports indicate that Nordegren has been offered an immediate $5 million payout and payments totalling as much as $55 million (on top of the original $20 million) to stay with Woods for two more years. The 10-year term has been shortened to seven years.

In return for this offer, Nordegren reportedly must agree to continue to appear in public with Woods at events as if they were still a committed couple. She would also be required to sign a nondisclosure agreement prohibiting her from telling her story to the media at any time.

Sources: The Daily Beast, Chicago Sun-Times

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Dwight Howard Gets Injunction Against Son’s Mother

By K. McKinney | Published: December 1, 2009

Dwight HowardOrlando Magic basketball star Dwight Howard had to go to court in Florida to keep Royce Reed – the mother of his 2-year-old son, Braylon – from talking about him. According to the request for injunction filed by Howard, Reed called him a deadbeat dad on her blog, via Twitter and in an ESPN interview.

Howard also alleged that Reed “is attempting to become a celebrity” based on her position as his son’s mother, agreeing to “participate in a VH1 television show called ‘NBA Wives.’” That show has apparently been put on hold (or canceled entirely) and was, interestingly enough, being produced by Shaquille O’Neal’s now-estranged wife, Shaunie O’Neal. (Shaunie filed for legal separation from Shaq earlier this month.)

The court ultimately granted a permanent injunction against Reed, prohibiting her from “using or publishing (orally, in writing, or otherwise), directly, indirectly or by innuendo, [Howard's] name, nicknames, image, brand photographs, and/or likeness.” A review of the court record seems to indicate that the injunction was the result of a mediation – which means Reed agreed to the order. (We’d be interested to hear exactly how the situation was resolved in that negotiation. In most mediations, one party doesn’t give in unless he or she receives something in return.)

Howard and Reed, a former Magic dancer, dated briefly prior to Braylon’s birth in November 2007. She filed a paternity suit in the spring of 2008, although Howard had already publicly acknowledged paternity of the boy.

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Shaq Files to Keep Divorce Out of California

By K. McKinney | Published: November 30, 2009

Shaquille and Shaunie O'NealBasketball 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. Read More »

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Seal to Adopt Heidi Klum’s Oldest Child

By K. McKinney | Published: November 28, 2009

Heidi Klum and SealEarlier this month, supermodel/television host Heidi Klum filed paperwork to officially take the last name of her husband, singer Seal (last name: Samuel). It now looks like that was just the first step towards legally completing their family. Seal will reportedly complete the legal adoption of Klum’s first child, five-year-old Leni.

Seal and Klum began dating in 2003 when Klum was pregnant with Leni. Leni’s biological father, Italian businessman Flavio Briatore, has never been active in Leni’s life. He and Klum had a short-lived relationship which ended after she became pregnant.

Seal was present at Leni’s birth and married Klum the following year. They now have three children of their own, Henry, Johan and Lou.

German newspaper BILD says that Klum’s lawyers have already received Briatore’s consent to the adoption. Klum’s father confirmed the adoption to BILD.

In a step-parent adoption, the biological parent who is, in essence, being replaced must consent to the adoption and waive any parental rights in the future. This results in a total legal cut-off between the child and the biological parent. There is no legal requirement for visitation or child support. There is no right to inherit from the parent or the child.

All legal rights and obligations of the biological parent are terminated and the step-parent assumes those legal rights and obligations. Even if Seal and Klum were to divorce in the future, Seal would still have a right to seek custody of Leni (after the adoption is complete) and/or visitation. He would still have a child support obligation for her in the event that her mother retained primary physical custody.

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