Rice and Santoro lived together for over a year before they broke up earlier this month. Santoro called police a few weeks ago to help her retrieve personal items from Rice’s home because Rice allegedly wouldn’t allow her back in the house.

According to the Coral Gables Police Department, Rice was cooperative when officer arrived with Santoro to help her collect her things.

Rice and Santoro reported reached a verbal agreement to share custody of Bella until a more formal custody agreement can be reached. Apparently, before Rice signs off on any final custody agreement or a child support agreement, he has requested a paternity test to be sure that Bella is his biological daughter.

Rice has five other children. Two with his first wife (Glen Rice, Jr. plays basketball for Georgia Tech); three with second wife Cristy Rice. Cristy and Glen were married for nine years when they separated in 2007. She recently appeared in The Real Housewives of Miami but Rice reportedly refused to allow their children to be filmed for the show.

A paternity test to determine whether Rice is Bella’s father is a relatively simple matter. It can easily be done by either blood test or a simple buccal swab in which cells are swabbed from the inside of both the putative father’s and the child’s cheek. Results will generally take several weeks to return.

Library Topics: paternity, child custody, child support, paternity tests

She refused to take a drug test as required by the former couple’s settlement agreement. Refusal of testing, under the agreement, is akin to failing the test. Mueller has now reportedly gone back to rehab.

Sheen will head to court tomorrow morning to ask a judge to modify the current child custody order, giving him sole legal custody and sole physical custody of twins Bob and Max due to Mueller’s current unfitness to parent. He will apparently also seek a motion to modify child support, ceasing his obligation to pay child support to Mueller (currently set at $55,000 a month).

Sheen, of course, is currently touring the country, giving live “performances”. He will reportedly also ask the court to allow him to take his sons with him during the final two weeks of his tour. Removal of minor children from the jurisdiction generally requires approval and consent of the other parent or of the court.

Media report that Mueller’s attorneys will also seek sole custody of the children, requesting a full psychological evaluation of Sheen based upon his public behavior over the past months.

If Mueller and Sheen are not able to come to an agreement this time, it would not be surprising to see the judge order psychological evaluations of each parent as part of a full custody evaluation. Each parent has had drug issues in the past and each has exhibited erratic behavior recently. As far as a temporary custody order, it will be interesting to see what happens (especially in light of the fact that the recent custody agreement required both parents to have nannies present and helping at all times that the children were in their custody).

UPDATE: Both Sheen and Mueller showed up in court where the judge declined to modify the existing custody order (established a few weeks ago after they reached an agreement). The kids are apparently being cared for by Mueller’s mother, subject to visitation by each parent (who are still required to take regular drug tests).

Library Topics: custody, settlement agreement, sole legal custody, sole physical custody, motion to modify child support,  removing child from jurisdiction, custody evaluation, modify child custody order

See Also:

• Charlie Sheen and Brooke Mueller Reach Custody Agreement

• Charlie Sheen, Brooke Mueller Divorcing

TMZ now reports that, for the next two months, Sheen will have visitation with the two-year-olds every other weekend from Saturday morning until Sunday evening. For the two months following that, Sheen will have parenting time with the boys every other weekend from Saturday morning through Monday morning. If that time period is completed successfully (i.e., no drugs, no alcohol, no incidents) and if he remains drug-and-alcohol free, Sheen will have the twins every other weekend Saturday through Monday morning, plus Wednesday morning through Thursday morning.

The ramp-up type of arrangement is not unusual in cases where the children are very young, the non-custodial parent has not spent substantial time with them prior to the custody order or where the non-custodial parent is working on mental health or sobriety issues and can use the custody plan as an incentive in recovery.

Both Sheen and Mueller have apparently agreed to submit to random drug testing three times monthly. Both are required to have nannies with them at all time in the presence of their kids. (Both mother and father reportedly have previously had drug problems.)

Sheen’s new girlfriends – the “goddesses”, as he calls them – are not allowed to show any public displays of affection toward the twins per the custody agreement and neither Sheen nor Mueller is allowed to be photographed with the boys while with a romantic partner.

Library Topics: custody agreement, visitation

See Also:

• Charlie Sheen, Brooke Mueller Divorcing

If you recall, Liddell filed for custody in California, claiming that Cade did not want to return to his mother and step-father’s Colorado home after visitation. The filing contained allegations of abuse and neglect. The California judge ordered the case be heard in Colorado.

Geyer then filed documents, claiming that Liddell uses drugs and alcohol. She apparently cited video of Chuck and his current wife working out in the nude as evidence of his poor judgment. (The video was a tongue-in-cheek ad for Reebok.)

Geyer also claims Liddell tried to intimidate her when she visited Cade in California shortly before Liddell filed for custody modification. She alleges that he paced back and forth and stared her down.

Liddell fired back almost immediately after Geyer’s filings were made public, pointing out that he takes random drug tests regularly because of his contact with the professional MMA fighting organization, UFC. His most recent test, he claims, was in February and was not positive.

Library Topics: custody, abuse and neglect, custody modification

See Also:

• MMA Star Chuck Liddell Asks for Full Custody of Son

In support of his motion to modify custody, Liddell claimed Cade was depressed and upset and did not want to return to Colorado to his mother’s home. Additionally, Liddell claims that Cade lived with a severe toothache for 2 to 3 months while at his mother’s home. Liddell took the boy to a dentist but felt that his health and safety were at risk if he were to return to his mother.

TMZ reported that Liddell’s attorney also alleged that the boy was abused at his mother’s home by being forced to perform physical labor. There was apparently a suggestion that snow removal was part of the forced labor. At first glance, that claim seems a bit weak but, without having seen the full motion or heard arguments of counsel, we’ll withhold judgment on that.

Actually, the California judge withheld judgment too. The judge ruled that the Colorado courts have jurisdiction over custody of Cade and a hearing has been scheduled there on Tuesday.

For every determination of child custody (both for original orders and subsequent modifications), the court must find that it meets the jurisdictional requirements of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This statute helps determine the proper forum for custody disputes if there is more than one state with an interest in the litigation.

Generally, the state that issued the initial custody order continues to have jurisdiction over that order for modification purposes. However, another state’s court might be allowed to modify the original order if neither the child nor a parent have a continued significant connection to the original state (i.e., they’ve moved away) or that state’s forum is more convenient that the original state’s forum for litigation. Apparently in this case, the state of Colorado has more significant connection to Cade’s custody.

Library Topics: sole custody, visitation, motion to modify custody, UCCJEA

According to tabloid sources, Knapp is confident that Phillippe is the father. Other sources indicate that Phillippe acknowledges the possibility and will take a DNA test when the baby is born to determine paternity.

Some media outlets have reported that Knapp is upset that Phillippe has not contributed to her prenatal expenses. Others have stated that Phillippe has, in fact, provided financial support despite no current legal obligation to do so.

Trying to squash those rumors, Knapp’s publicist told People magazine that “[s]he has never asked Ryan for any help, nor does she expect it.” “Alexis has maintained her silence and will continue to do so,” the publicist told People. “Any ‘source’ claiming to have been her or her camp up to this point is false.” Neither party has commented publicly (other than the previous PR statement) on the pregnancy and paternity, which makes us believe that there is some sort of temporary agreement in place pending the birth and DNA testing.

TMZ.com reports that Knapp has hired Los Angeles-area family law attorney Mark Vincent Kaplan to represent her. Kaplan is best known for representing Kevin Federline in his divorce and custody battle against Britney Spears several years ago. No official word on who represents Phillippe, but he was previously represented (in his divorce from Witherspoon) by celebrity attorney Laura Wasser.

Library Topics: paternity, DNA tests, divorce attorneys

Despite the overreaction of the media, the legal paperwork does not necessarily indicate that there is any major issue between the estranged couple with regard to custody. Simpson, in her divorce petition, requested that the parties be granted joint legal custody of Bronx with Simpson getting primary physical custody and Wentz getting visitation.

Wentz’s docs request both joint legal custody and joint physical custody. While this certainly could signal a stumbling block to amicable settlement, it doesn’t necessarily mean it is so.

First, these initial filings are very bare-bones in terms of real content – they generally include only the information absolutely required by statute and local court rules.

Second, the documents are generally filed with the filing party’s “best case scenario” reflected in the requests. So, Simpson would prefer primary physical custody but there is no indication in the paperwork that she is unwilling to negotiate that position.

Third, the concepts of joint physical custody and visitation do sometimes come very close to overlapping. Joint physical custody should come close to equal time between both parents but does not require an exact 50/50 split. Visitation does not necessarily mean every other weekend and one night a week, a typical visitation arrangement. Visitation could be established as every other weekend and one night a week with an extra overnight on weeks in which the child isn’t with that parent on the weekend (confusing, right?). Such an arrangement might be technically considered visitation but comes closer to an equal split.

Wentz and Simpson maintain that their split is amicable and there has been nothing displayed yet that would convince me that their statement is untrue.

Library Topics: joint legal custody, primary physical custody, visitation, joint physical custody

See Also:

• Ashlee Simpson Files for Divorce from Pete Wentz

Aubry filed for a determination of paternity (which was never in question but had apparently never been legally established) and establishment of custody orders in December. The conflict between Aubry and Berry quickly became public via comments that “sources” made to the media.

Sources told the tabloids that Berry claimed Nahla was afraid of Aubry. There was even suggestion that he made racist statements about Berry and did not want Nahla to be described as black.

His sources told the media outlets that Berry was jealous of his dating relationships and that she was too focused on her work, often to the detriment of their daughter. Aubry reportedly claimed that when he went to London and South Africa with Berry and Nahla last August for a movie Berry was shooting, she would leave and not return for days, even when she was supposed to be caring for Nahla.

Aubry has complained that, when Berry leaves town to film, it interferes with his ability to spend time with his young daughter. Similar complaints last year led to his trip to London and South Africa while Berry filmed.

After battling it out in the gossip columns for several weeks, the former couple headed to court where Berry earned a temporary victory. She was granted permission to take Nahla to New York for the filming of the movie New Year’s Eve. She had previously dropped out of the movie when it appeared that Aubry was going to object – but rejoined the cast when the court granted her permission to take Nahla with her for the one-week shoot.

There is some suggestion that Berry will be back in court soon, asking for permission to take Nahla back to New York for a longer period of time. She is reportedly considering a Broadway play that will run in NYC for four months this fall.

Berry is represented by experienced celebrity domestic attorney Neal Hersh.

Library Topics: custody, paternity

See Also:

• Halle Berry’s Ex Files for Paternity

Media sources indicate that Aguilera and Bratman will share joint custody of their two-year-old son, Max. They also indicate that the parties had a prenuptial agreement but that Bratman negotiated an additional settlement beyond the terms of the prenup.

The tabloids have been reporting that Bratman never moved out of the marital home after the couple separated, despite the fact that Aguilera’s new boyfriend has been spending substantial time in the home. Bratman reportedly left the home only this month (presumably after the settlement was reached).

The divorce judgment will be entered on April 15, the requisite six months after the original petition was filed.

Bratman is represented by divorce attorney Bruce Clemens of Jaffe & Clemens. The Jaffe & Clemens firm has previously represented Anne Heche, media mogul Rupert Murdoch’s first wife Anna Murdoch, Kimora Lee Simmons and Titanic director James Cameron. Aguilera’s attorney is Laura Wasser, who has also represented Ashlee Simpson, Kelis, Johnny Knoxville, Mel Gibson’s wife Robyn, Britney Spears, music producer Jimmy Iovine, Patricia Arquette, Nick Lachey, Angelina Jolie, and Kiefer Sutherland.

Library Topics: divorce settlement, joint custody, prenuptial agreement, marital assets, divorce judgment, divorce attorney

See Also:

• Christina Aguilera, Husband Split

The former couple was was married five years ago before 80 guests in Fiji. They first met when Merriam was a publicist for the X-Games. Hawk and Merriam have a two-year-old daughter Kadence Clover. “We have made the difficult decision to file for divorce,” they said in a joint statement. “We remain deeply committed and loving parents to our daughter, and out of respect for that responsibility we ask that people honor our family’s privacy during this important time of transition. Thank you for your understanding.”

Kadence was born in June 2008. Hawk has three sons from his previous marriages. Eldest son Riley, almost 21, is the son of Hawk’s first wife Cindy Dunbar. Hawk and Dunbar divorced in 1993. Hawk married Erin Lee in 1996. They had two sons, Spencer (age 11) and Keegan (almost 10). Lee and Hawk divorced in 2004.

There is no indication in media reports whether or not there is a prenuptial agreement. One would guess though that Hawk, whose net worth is estimated at about $120 million, would have required one after two previous divorces. Without a prenuptial agreement, Merriam would be entitled to half of the couple’s community property (any assets accumulated during the marriage).

Library Topics: divorce, California family law, prenuptial agreement, community property

The divorce docs indicate that Simpson is asking for joint legal custody and primary physical custody of two-year-old son, Bronx. She also requests child support and spousal support.

The couple married in May 2008. Bronx was born the following November.

Simpson, younger sister of singer/reality star Jessica Simpson, achieved mild success in the music industry prior to her marriage but has been largely absent from the public eye since Bronx’s birth. Wentz gained fame as bassist for music group Fall Out Boy, which has been on indefinite hiatus for the last year.

The former couple released a joint statement, saying, “After careful consideration, we have made the difficult decision to file for divorce. We remain friends and deeply committed and loving parents to our son Bronx, whose happiness and well-being remains our number one priority. We ask that everyone honor our privacy as we navigate this next phase of our lives.”

They reportedly have no prenuptial agreement. Simpson has also asked for the restoration of her maiden name.

Simpson is represented by Hollywood divorce attorney Laura Wasser. Wentz is represented by domestic lawyer Stacy Phillips.

Library Topics: divorce, no-fault divorce, joint legal custody, primary physical custody, child support, spousal support, prenuptial agreement, name change after divorce, divorce attorney

Dell is the brother of Dell Computers founder Michael Dell and is a business/law/technology professor at both the University of Texas School of Law and Columbia University’s Business School. Lakshmi and Dell apparently dated for some time in 2009 but were not a couple at the time of Krishna’s birth.

Last spring, it was suggested in news reports that Lakshmi and Dell has reached a private custody agreement which gave Dell visitation. Now, it appears that Dell is unsatisfied with that initial agreement as he has filed documents in New York, seeking a custody order.

Dell was apparently never happy with the amount of time he was allowed to spend with Krishna under the initial agreement. The filing reportedly asks for sole custody of the 11-month-old but sources indicate that Dell hopes that the parties can work out a shared custody arrangement. He filed after negotiations allegedly reached a stalemate.

According to sources, Dell now gets to see Krishna for seven hours a week. “He’s allowed nine visits a month and no longer than three and half hours,” the source says, adding that scheduling visitation is sometimes difficult as Lakshmi travels often for work.

Some reports indicate that Lakshmi is willing to work out a mutually agreeable arrangement but increased time right now is difficult because Lakshmi is still breast-feeding Krishna. (It is not unusual for visitation time to increase after a child stops breastfeeding.)

Lakshmi was married to author Salman Rushdie from 2004 to 2007. She has been linked to wealthy businessman Teddy Forstmann (who is 30 years her senior) since before Krishna was born (and even, according to some reports, while she was still linked to Dell).

Library Topics: custody and visitation, sole custody, shared custody

See Also:

• Father of Padma Lakshmi’s Baby Identified

This week, Mellencamp filed for divorce in Brown County, Indiana. Irwin and Mellencamp live in Bloomington, Indiana with their two teenage kids. According to the filing, the couple has been separated since approximately September 1, 2010. They were married on September 5, 1992.

The petition for dissolution of marriage (which you can see here on RadarOnline) indicates that the couple has a valid and enforceable prenuptial agreement to govern the distribution of property. It also indicates that Irwin would like her maiden name restored to her (she apparently went by Elaine Mellencamp during the marriage but will be changing her name back to Elaine Irwin).

The petition also notes that the couple intends to submit a Confidential Child and Property Settlement Agreement to the court for review and approval. They are not requesting a hearing and apparently intend to have the entire matter settled, asking the court to enter its Summary Degree without the necessity of court appearances.

The Mellencamps met in 1991 when she modeled for the cover of one of his albums. They married the following year.

Library Topics: divorce, petition for dissolution, prenuptial agreement, distribution of property, changing name after divorce, settlement agreement

Berry and Aubry split last spring, though Aubry did not file his paternity petition until December 30, 2010. Establishment of paternity will give Aubry joint legal custody of Nahla. He apparently also seeks joint physical custody of the toddler. There is no request pending regarding child support.

It appears that the case is already settled and will progress through the court rather quickly. The filing indicates that both parties have signed documents acknowledging Nahla’s paternity. The child’s last name is Aubry.

According to some tabloid sources, Berry and Aubry reportedly have an agreement as to parenting time and support and do not feel it necessary to litigate those issues.

As Berry and Aubry have now clearly moved on romantically (he recently date Kim Kardashian; she is seeing French actor Olivier Martinez), it appears that Aubry has decided that it is time to legalize his relationship to Nahla in order to protect his parental rights.

Once paternity has been established, Aubry will then have the legal ability to seek modification of custody of the child now or in the future. He will also be legally on the hook for child support.

In addition, established paternity means that Berry cannot, in the future, pursue adoption proceedings with a new husband without the Aubry’s consent. There is no indication that Berry has any intention to do this – but it is a consequence of any legal determination of paterity.

Library Topics: paternity, California family court, joint legal custody

Kelsey might be jumping the gun a bit with his wedding announcement though. Camille filed her official response to Kelsey’ bifurcation request this week. Not surprisingly, she opposes the request.

Although it may be easy to pass off her objection to the actions of a woman scorned, a review of Camille’s declaration in support of her filing reveals some very real concerns.

Kelsey wants the judge to dissolve his almost 13 year marriage to Camille, making him single and legally eligible to marry again, and resolve all remaining issues (property division, child custody, child support, spousal support) at a later date. Camille is concerned that his impending remarriage will negatively affect her legal rights to the approximately $120 million marital estate.

Camille’s concerns are rooted in the fact that Kayte Walsh, upon marrying Kelsey, would presumably receive some legal rights to property that is still subject to divorce litigation between Kelsey and Camille. Kelsey did file paperwork at the time of his bifurcation request which joined his interest in various pension funds to the suit, this was done in an attempt to meet statutory conditions which would protect the other spouse’s interest in those funds until the divorce was finally resolved.

In the filing, Camille estimates the value of the marital estate at $120,000,000 including multiple real estate properties, artwork, brokerage accounts and more than 25 vehicles.

Library Topics: bifurcation, legal eligibility to marry, divorce litigation, dividing pension funds, marital property

Something about putting them all on one page in list format makes the sheer volume of celebrity splits a bit staggering. Take a look:

• Tamra Barney and Simon Barney – After watching this pair on The Real Housewives of Orange County, we can’t say we were surprised at this split.

• Dennis Hopper and Victoria Hopper – He filed for divorce while dying of cancer. The fight quickly became public and bitter. He eventually passed away before the divorce could be finalized. She continued litigating against his estate.

• Noah Wyle and Tracy Wyle – The ER actor announced his separation from his wife of 11 years at the beginning of 2010.

• John Edwards and Elizabeth Edwards – The former politician and his wife separated at about the same time that he finally admitted paternity of his mistress’s child. He had previously denied fathering the little girl. Elizabeth Edwards died of cancer later in the year, before any divorce was finalized.

• Allen Iverson and Tawanna Iverson – AI’s longtime wife filed for divorce just as the NBA star stepped away from the game to be with his family because of a child’s illness. The couple was together for over 15 years, married for over eight.

• Tiki Barber and Ginny Barber – Former football star and television personality Tiki Barber left his pregnant wife for a 23-year-old former Today Show intern who allegedly used to babysit for Barber’s other kids.

• Vicki Gunvalson and Don Gunvalson – One of the original Real Housewives of Orange County, workaholic Vicki filed for divorce from Don after several seasons of uneasy relations.

• Randy Travis and Lib Travis – Country singer Randy Travis finalized a divorce from his wife-manager earlier this year. She intends to remain his manager – however that works…

• Scarlett Johansson and Ryan Reynolds – Reynolds filed for divorce in December, ending a short, two-year marriage.

• Courteney Cox and David Arquette – Scream co-stars Cox and Arquette separated this summer due to Arquette’s immature behavior. He proceeded to appear on Howard Stern’s radio show repeatedly, sharing intimate details of his sex life and of the status of his relationship with Cox.

• Sandra Bullock and Jesse James – These two split in the spring shortly after Bullock won an Academy Award. Bullock discovered that James cheated on her repeatedly with at least one, if not several, women over the course of their marriage. She was still able to complete the adoption of a baby boy, despite the divorce.

• Eva Longoria and Tony Parker – Each filed for divorce this fall, amidst rumors that Parker cheated on Longoria (or, at least, was involved in an inappropriate emotional relationship) with an ex-teammate’s wife.

• Billy Ray Cyrus and Tish Cyrus – He filed for divorce in October after 17 years of marriage. No child support or child custody orders will be necessary for daughter Miley Cyrus, as she turned 18 shortly after the filing.

• Christina Aguilera and Jordan Bratman – The singer and her husband split somewhat surprisingly mid-year. They have kept their divorce details quiet and both appear to be spending time with their young son, Max.

• Melissa Etheridge and Tammy Lynn Michaels – This high-profile couple filed to dissolve their domestic partnership in California and determine custody of their two small kids. The split was ugly and Michaels made several public accusations against Etheridge regarding her treatment of the family during the pending divorce.

• Kelsey Grammer and Camille Grammer – He moved to New York to work on Broadway; she stayed in LA to star in The Real Housewives of Beverly Hills. He found love with a British airline attendant, got her pregnant (which pregnancy was later miscarried). Camille filed for divorce and stands to walk away with about $50 million in assets.

• Christina Milian and The Dream – This split came to light when paparazzi photos of The Dream canoodling with his assistant were published. It was then announced that Milian and her rapper husband had actually split before the birth of their baby several months earlier.

• Kate Winslet and Sam Mendes – Winslet and Mendes, both film industry darlings, seemed to have a stable marriage until their split was announced earlier this year. They appear to be handling the divorce amicably and co-parenting their children in a civil manner.

• Johnathan Schaech and Jana Kramer – This pretty couple got engaged in late 2009, married in the summer of 2010 and separated about a month later. A month.

• Al and Tipper Gore - This shocking separation was announced earlier this year around the same time that Al Gore was accused of inappropriately touching a massage therapist in Oregon in 2006.

• Garcelle Beauvais and Michael Nilon – The actress and her agent-husband split earlier this year after alleged cheating on Nilon’s part. Beauvais reportedly sent a scathing email about Nilon to his entire agency after learning of an affair.

• Patricia Arquette and Thomas Jane – The Medium actress and her actor-husband (star of HBO’s Hung) separated once before but 2010 was the final straw for the couple.

• Fred Armisen and Elisabeth Moss – The Mad Men actress and the Saturday Night Live comedian met on the SNL set two years ago. They married last year and were separated within eight months.

• Bob Guiney and Rebecca Budig – A former Bachelor (on ABC’s show of the same name), Guiney found love with former ABC soap opera star Budig when they co-hosted Bachelor repeat marathons on ABC Family channel. Like most of the other Bachelor relationships, this one fizzled and the couple divorced after five years.

• Mark-Paul Gosselaar and Lisa Ann Russell – Former teen heartthrob Gosselaar met his wife on the set of Saved by the Bell in 1993. They divorced this year.

• Cheryl Hines and Paul Young – Hines’ television character left her TV husband Larry David and then Hines divorced her real-life husband as well.

• Elizabeth Hurley and Arun Nayar – The British model/actress and her Indian businessman husband split after three years, amidst suggestions that Hurley was unfaithful.

• Michael C. Hall and Jennifer Carpenter – The Dexter stars split after almost two years of marriage. They continue to work together on their television show.

• Charlie Sheen and Brooke Mueller – This couple split after a Christmas 2009 fight that resulted in criminal charges against Sheen. They came to a settlement in the summer and Sheen filed for divorce in the fall.

• George Lopez and Ann Lopez – Despite the fact that she gave the comedian one of her kidneys, this couple, married for 17 years, filed for divorce in 2010.

• Cameron Crowe and Nancy Wilson – This film director and his rock musician wife divorced amicably after 20 years.

• Ben Harper and Laura Dern – Harper filed for divorce after five years of marriage and two children, taking Dern by surprise.

• Jennifer Jason Leigh and Noah Baumbach – The actress split from her husband of five years in 2010.

• Cheryl Cole and Ashley Cole – British pop star Cheryl divorced British football star Ashley just before the World Cup after numerous reports of his infidelity.

• Sebastian Bach and Maria Bierk – Together for almost 20 years, this rock and roll couple finally called it quits in 2010.

• John and Elaine Mellencamp – Married since 1992, the rocker and the model announced their split at the very end of the year.

So, what do you think? Is the 2010 list longer than usual or just par for the course these days?

Walsh became pregnant with Grammer’s child but later had a miscarriage. The new couple have been engaged for several months.

Under California family law, a divorce can become final six months after a petition is filed. Camille Grammer filed for divorce on July 1, 2010. Six months from that date is January 1, 2011. Court will not be in session on that date – so, Monday, January 3rd would be the earliest possible divorce date. It is unlikely though that the court would act on the request to bifurcate so quickly.

Bifurcation – allowed in California and several other states – allows the actual divorce (the termination of the legal marital relationship) to precede the final resolution of any other unresolved issues, which might include both financial, custody and support matters. There are several different reasons that a party or court might wish to bifurcate a divorce case. The most obvious reason is so that one of the parties can legally marry someone else, as is clearly the case in the Grammer divorce.

Often, however, bifurcations occur when the unresolved issues are very complicated and/or high-conflict matters (which may or may not be the case here). In those situations, the early granting of divorce decree may serve as the first step in an emotional process, allowing conflicted parties to let go emotionally and begin to work through financial matters in a rational way. When one step is made in the right direction, the momentum can often carry through to financial negotiations. (On occasion, the divorce decree can also dismantle legal roadblocks to everyday business matters – spousal waivers, co-signs and acknowledgments are no longer necessary when there is no spouse from whom to require signature or assent.)

Some tabloids reported that Kelsey filed paperwork to keep Camille’s hands off of his various pension and retirement funds. A quick look at the documents, however, reveal that they are very standard court forms used when the divorcing couple has a pending interest in retirement benefits. The documents do not appear to be anything other than a court-mandated formality and certainly not a swipe of any sort at Camille.

The Grammers were married on August 2, 1997 and have two children. Camille filed for divorce on June 28th, 2010. She is represented by divorce attorney Neal Hersh; Kelsey Grammer is represented by lawyer Robert Kaufman.

UPDATE: The Grammers apparently had no prenuptial agreement and have marital assets worth approximately $100,000,000 (largely in non-liquid, real estate). California’s community property laws dictate a 50/50 split of the marital property – the division of which can be difficult if much of the estate is tied up in real estate in a slow market.

Library Topics: bifurcated divorce, California family law, retirement funds, divorce attorney

See Also:

• Kelsey Grammer & Camille Grammer Split

The McCourts have been married since 1979 and have an estimated net worth of $1.29 billion, according to the Los Angeles Business Journal.

Judge Gordon found that there was no meeting of the minds between Frank McCourt and his longtime wife and business partner Jamie McCourt. He essentially held that they never shared the same understanding of what it meant when the agreement transferred title of the team to Frank.

“The parties had mistaken belief and no agreement as to the meaning of the agreement, the content of the agreement, and the effect of the [agreement] on their property and property rights,” Gordon wrote in his ruling.

Frank McCourt’s lawyers still assert that there is no effect on the ownership of the Dodgers, that Jamie McCourt still has no rights to the team and that Frank still holds legal title. Jamie McCourt’s lawyers maintain that the team is to be considered community property regardless of legal title.

Attorneys for Frank McCourt already have indicated to the court that they plan to file another claim that would give their client sole ownership of the Dodgers, arguing that he bought the team with a company he established before he married Jamie.

Frank McCourt contended the agreement set the Dodgers aside to him; Jamie argued that she did not know that she was agreeing to give up a stake in the team by signing. Neither party apparently read the agreement closely. It was apparently intended to set aside the family real estate to Jamie in order to protect them from Frank’s business creditors.

The McCourts purchased controlling interest in the Dodgers on Jan. 29, 2004 for $430 million (the team is valued at $722 million). Frank McCourt reportedly financed more than half the amount he invested when he bought the team from FOX Entertainment Inc. Jamie McCourt became the team’s CEO on March 17, 2009. Prior to becoming CEO, she was club president since Aug. 12, 2005. She was relieved of her duties when the couple split last year.

Community property laws in California would give Jamie McCourt a 50 percent share of the McCourt’s share of the Dodgers and any of her husband’s other assets acquired post-marriage – unless there is an agreement which indicates otherwise.

Jamie McCourt is represented by Dennis Wasser and Michael Kump. Frank McCourt’s legal team includes Sorrell Trope.

Library Topics: post-nuptial agreement, community property

Sources have told the celebrity tabloid magazines that “[t]here will definitely be a prenup” for the couple. “Jessica has said she wants one. Jessica and Eric have talked about it,” the source indicated.

Johnson is apparently agreeable to the idea of a prenuptial agreement, which would purportedly protect Simpson’s fortune. He played in the NFL for the San Francisco 49ers and the New Orleans Saints from 2001 through 2007. He has not been on an active roster since before the 2008 season. When he was an active player, he made between $1 million and $2 million a year. We can’t find any indication as to what Johnson has been doing for work since his 2008 release.

Both Johnson and Simpson have been married before. He was married to Keri Johnson for five years before divorcing this year (they split several month before he began dating Simpson). Simpson was married to singer/television personality Nick Lachey from 2002 to 2005 before famously dating musician John Mayer and NFL player Tony Romo.

Simpson and Lachey did not sign a prenuptial agreement before their marriage and Lachey (never as popular on the music charts as his wife) reportedly walked away from their marriage with several million dollars of marital assets purportedly earned by Simpson. It would be surprising if Simpson’s handlers, including her manager-father, would allow the Simpson-Johnson wedding to take place without a good prenuptial agreement to protect Simpson’s earnings.

Library Topics: engagement, divorce, prenuptial agreement, marital assets

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

See Also:

• Eva Longoria Divorcing Tony Parker