Celebrity Divorce Blog | MyFamilyLaw » va’shaundya o’neal

Shaq Divorce Settles

K. McKinney — Sat, 13 Mar 2010 02:59:23 +0000

Basketball superstar Shaquille O’Neal and his estranged wife, Shaunie O’Neal, have reportedly settled their divorce. Shaunie’s divorce attorney, Sorrell Trope, says that the former couple has reached an agreement on all aspects of the split – division of property, child custody and child support.

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

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Shaq Files to Keep Divorce Out of California

K. McKinney — Tue, 01 Dec 2009 06:27:50 +0000

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.

Shaq’s Wife Files for Legal Separation

K. McKinney — Thu, 12 Nov 2009 03:41:21 +0000

NBA star Shaquille O’Neal’s wife has filed for legal separation in Los Angeles. Va’shaundya O’Neal’s divorce attorney Sorrell Trope (of Trope and Trope) filed the documents on November 9, 2009. Shaq previously filed for divorce from Shaunie in Miami back in 2007, but the two reconciled and that case was dismissed last year.

The O’Neals have four children, from ages 9 to 3. They 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).

Shaunie O’Neal claims California residency since November 8 – the day before her filing. She is seeking legal and physical custody of the kids, with visitation for Shaq, as well as child support and spousal support. There is a cohabitation/prenuptial agreement in place although the details of that agreement have never been made public.

The move to California is interesting. TMZ.com argues that California has more lenient spousal support laws than Florida. People.com supposes that the move is to take advantage of “more generous community-property divorce law“. Depending on the terms of any prenuptial agreement, though, the property and spousal support issues are likely to be addressed by that document and not by a judge following property division and alimony laws.

One legal issue is clear though – Shaunie 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.

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.

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Shaq Divorce Dismissed

K. McKinney — Sat, 23 Aug 2008 04:03:09 +0000

Basketball superstar Shaquille O’Neal filed for divorce from his wife Va’Shaundya (Shaunie) almost a year ago, suggesting that she was hiding marital assets of some sort (see our report from last October on the divorce details). Celebrity gossip reporters and bloggers have been reporting all summer though that the future Hall-of-Famer and Shaunie were reconciling. And today, in Miami, the O’Neal divorce case was officially dismissed when a judge signed off on the paperwork to close the file.

But wait, the story took an interesting twist this afternoon when TMZ.com reported that an Atlanta hip hop artist named MaryJane (née Alexis Miller) filed for a restraining order against Shaq. She claims that they were romantically involved until July 18, 2008 (well after Shaq supposedly reconciled with Shaunie) and that he has been threatening her via phone and email ever since. Shaq is due in court on September 4 to respond to the allegations.

There was no indication from the O’Neal camp that the divorce action would be re-filed.

Source: TMZ.com

Shaq Files For Divorce – Will The Prenup Hold Up?

Monica — Wed, 31 Oct 2007 05:04:25 +0000

NBA all-star Shaquille O’Neal has filed for divorce from wife, Va’Shaundya, in Miami Dade County Florida, where the two live, and Shaq plays for the Miami Heat NBA team.

Shaq and Va’Shaundya married on December 26, 2002 and have four children – two of whom the couple had before they married in 2002.

The petition filed by Shaq indicates that the parties entered into a cohabitation/prenuptial agreement. A copy of the agreement was filed with the court under seal so it is not available to the public, but since the agreement is titled “Cohabitation/Prenuptial Agreement,” we know that it addresses the time period that Shaq and his wife lived together but were not yet married. The cohabitation agreement probably limits or defines any rights Va’Shaundya would be entitled to for the cohabitation period (the time when the couple live together before they were married). Without such an agreement, Va’Shaundya may be entitled to certain rights such as spousal support based on the time period they lived together before they were married.

The prenuptial agreement most likely defines the amount and duration of spousal support Va’Shaundya will received in the divorce as well as the division of community property. Child support, however, can’t be limited or defined by a prenup. Presently, there are no reports that Va’Shaundya is contesting the prenuptial agreement. If the enforceability of the agreement is not challenged by her or her attorneys, the prenup will determine the terms of divorce.

According to the divorce petition, Shaq has concerns that during the marriage Va’Shaundya may have placed community funds or property into her own name without his permission. Shaq requested that the court issue temporary restraining orders restricting Va’Shauanda from getting rid of or tranferring any assets and requested that Va’Shaunda be ordered to provide an “accounting” (a detailed list) of all property in her possession or under her control.

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Shaq Divorce Dismissed