The people within Hollywood; actors, singers, and others in the industry; like all citizens, must follow certain guidelines when filing for divorce in their respective states. Celebrities, like the vast of amount of people filing for divorce, grow apart from one another and simply decide to split their ways. Accomplished celebrities and other high net worth individuals filing for divorce experience a much more complicated affair due to the large amount of capital and property that needs to be divided.
The lawyers at San Diego Family Law Attorney, understand the specific issues pertaining to celebrities and high net-worth individuals who have much to consider when dealing with a divorce. Making sure you are provided with competent and dependable contractual delegation throughout the divorce process is an essential part of our service.
The San Diego Family Law Firm can help you mediate a dissolution of marriage or legal separation to find a common ground for both parties. If mediation fails, we are ready to defend any individual in a court of law with a high level of professionalism and discretion. We are committed to protecting your identity, net worth, and other confidential matters from outlets of communication and the public view.
Divorce rates are higher in Hollywood than in London a city considered to have a high rate of divorce. With the introduction of the no-fault law in California, divorce laws have become a central topic in the modern age of self-dependency. Divorce laws ensure that there is a proper division of equity and debts and then defends a child or spousal support allegation. Filing for divorce is an entangling turn of events and in order to produce the most wanted outcomes, both parties must cooperate at all stages of the divorce. If both parties fail to compromise and fail to sign the Marital Settlement Agreement, the court will produce a Final judgment of Dissolution of Marriage where it will split all debts and assets acquired by both parties during the marriage in a 50/50 percent manner.
Filing for Divorce under the state of California:
In California, married people can legally separate through divorce or marriage annulment. Either spouse has the freedom to end the relationship without the consent of the other and may receive a default judgement if the other spouse refuses to participate in the divorce. During a divorce, capital, property, and business are carefully analyzed to determine how much of each asset should go to each spouse. Under the Community Property Law in California, both parties who contributed to each other’s wealth during the marriage or who have been together for an extended period of time, have rights to the shared community property.
To find out ways in which you can protect your intellectual and physical property and other assets before marriage, please consult an attorney about prenuptial agreements.
Prenuptial agreements are a legal document signed before marriage to assure each party their belongings remain theirs in case of a divorce.
Scroll down to prenuptial agreements for more information.
Filing Under for A No Fault or Fault Divorce
Filing under no fault or fault-based divorce depends greatly on how you have ended your marriage, how you wish to separate marital property, and how soon you wish to end the marriage. Both routes offer different outcomes for different individuals, it is important to fully comprehend the fine points of each divorce petition to find which route suits you best.
Fault-Based Divorce
Prior to the introduction of the No-Fault Law, a spouse filed for divorce through a petition that could only be honored by the court if it found that the accused committed an act which caused the matrimony to break apart. Fault divorces are still practiced today in many courts yielding the most benefits for the accuser if the accused is found to be at fault. It is also important to note that unlike the no-fault divorce petition, the couple does not need to wait a certain amount of time before they can file for a “fault divorce”.
Some courts find the following as grounds for a “fault divorce” claim:
- Extramarital relations: the accused can be at fault if the accused is found committing an act of adultery during the marriage. Providing proof such as photography, video or audio may allow courts to determine that the accused was not honest during the marriage and therefore is at fault for the separation
- Drug Abuse: the accused can be at fault if the court is presented evidence that drugs or alcohol consumption have caused problems to the family
- Mental Disorder: the accuser can claim the spouse suffers from an inoperable illness that makes the marriage unendurable. In many cases, a doctor must have provided written proof of the other spouse having a mental disorder
- Imprisonment: in most states incarceration establishes a premise for divorce if the other spouse has been incarcerated for a minimum of 12 months
- Mental or Physical Abuse: if the accuser finds herself or himself in a repetitive display of aggression, public humiliation (insults), and physical assault, the accuser (with enough evidence) could file for divorce under these grounds
- Infertility or sexual discordance: while rare, a spouse can file for divorce if the other spouse is unable or unwilling to have sex
Defenses to a Fault Divorce
If a spouse is accused to be at fault for the breakup of a marriage, the accused spouse can legally object to the fault divorce claim. The accuser can defend his or her self in multiple ways against the claims stated above. As each state has a different law on fault divorces, it is crucial to check your specific state law. Please keep in mind that fault divorces benefit the accuser so it may be in your best interest to object and find a reason to counter the fault divorce claim.
The following are examples of the most common defenses to a fault divorce petition.
A spouse claims that the other has committed adultery or has abused illegal substances that make the marriage intolerable. For these cases, if the accuser was forgiven or accepted for his or her actions prior to the claim, the defendant can claim that he or she was condoned prior to the file for divorce. Condonation occurs when the accuser has previously accepted or forgiven the unlawful or objectifiable actions of the other. If the accused can provide proof of condonation, the accuser will not be able to file for divorce under these conditions.
In some cases of adultery, the defendant can claim that he or she was given consent to perform the wrongdoings which are grounds for a fault-based divorce. For example, if one spouse gives the other spouse the freedom to engage in adultery, then the spouse which provided the consent, will not be able to file for a fault divorce with an extramarital relation claim.
The act known as recrimination allows the accused to claim that his or her spouse is also engaging in acts that justify a fault-based separation. In some courts, the fault-based divorce proceeding can be halted if the accuser is engaging in the same misbehavior as the accused. For example, the accuser seeking a fault-based divorce explains that his or her partner has engaged in adultery. The partner could object under recrimination if the accuser has also engaged in adultery. The accuser can no longer file for a fault-based divorce under these grounds.
As for these cases, the accused will need to prioritize his or her motives in order to make the best decision for him or herself. Any court of law within the United States provides both spouses with many options and legal pathways for individuals who wish to break off a marriage. Most times it easier and more cost effective to file for a No-Fault divorce and find legal mediation to resolve asset distribution.
No-Fault Divorce
The no-fault divorce is a dissolution of matrimony which does not demand either spouse to willingly accept the divorce and it does not require a fault of either spouse to commence the legal break up. If you wish to file a no-fault divorce you must have lived apart from your spouse at minimum 3 to 12 months depending on state law.
No fault divorce cases usually occur because one spouse grew apart from the other and there is no mutual interest in the matrimony. Either spouse is legally protected to file for divorce; no one is obligated to stay in a marriage they no longer want. To file for a divorce petition it is enough to say the two people are too different to get along under one roof.
In the event of a divorce, divorce law assures the proper division of goods and property acquired by each spouse during their matrimony. After a divorce was filed both parties need to be ready to divide whatever asset they shared during the marriage. If you would like to retain your property, real estate, and other assets, it is crucial to consult your local attorney about prenuptial agreements. Prenuptial agreements are contracts between two parties that are designed to protect each other's assets prior to their marriage.
Prenuptial Agreements
Prenuptial agreements or premarital agreements are common within marriages of two spouses with different incomes or property. Prenuptial agreements authorize either spouse to establish what is his or her property before arranging a marriage. Divorce is not a pleasant thought before marriage, but it is something that one must always acknowledge, considering most marriages in America end in divorce. Prenuptial agreements can serve to protect the earnings of the spouse with the most capital, property and business.
Celebrities and other public figures have much to consider after their marriage ends in divorce. Celebrities earn different wages, have different expenditures, and different debt. Without a prenuptial agreement, in places like California, all assets and debts would be divided amongst each spouse in a 50/50 fashion. If a celebrity has a net worth of 50 million with a spouse that is only worth 3 million, then the celebrity with the most assets will most likely face claims for higher spousal support.
Signing a prenuptial agreement prior to your marriage will protect and govern all of your belongings including your business in the event of a divorce proceeding. When marriages fall apart you need to be prepared for financial battles. It is crucial to meet with an experienced attorney to help you decide what you can and cannot include in your prenuptial agreement.
Who should consider a prenuptial agreement?
- People with children: a prenuptial agreement can protect the wealth passed down to children from grandparents or parents.
- People with businesses: a prenuptial agreement can help protect your professional interests making sure that your business remains yours and undivided by the divorce.
- People with different debts and assets: a prenuptial agreement can protect the debt-free person from receiving any debt from his or her spouse. In addition, it can protect your capital when claims of spousal support presented in the court.
- Older people with much more property and assets: prenuptial agreement can help you maintain what is yours and your children's property if you are entering another marriage.
To keep a prenuptial agreement from getting revoked you must:
- Avoid writing a prenuptial agreement with issues about children. Child support and the ways in which the children will be raised cannot be covered by a
- prenuptial agreement
Provide full disclosure of each other's property before signing any prenuptial agreement. In some cases, the spouse with lesser assets will make a claim that they signed an agreement without a full disclosure of property and capital. Avoid claims of unconscionability by providing full financial disclosure. - Create an asset schedule that includes the incomes and properties both physical or intellectual of each member
- Provide a translated document if your spouse speaks a language other than English
- Ensure that both parties are represented by an attorney
Divorce can be boiled down to two factors: a division of your earnings and debt and the amount of child or spousal support assigned to either party. Most cases do not require the attention of a trial. It is recommended that you seek a mediation with a law attorney to find the correct way to divide each other's assets and come to a child or spousal support agreement. Seeking out a judge is not always the most cost effective and rational option. The items acquired by both parties during their marriage are better split amongst the people who know which asset will benefit each other the most.
San Diego Family Law Attorney is ready to assist high net-worth individuals with prenuptial agreements and other legal services that protect private assets and belongings. To learn more about your rights and how to maintain your assets in the event of a divorce please contact the San Diego Family Law Firm at 619-610-7425. We have attorney's ready to represent you in any court of law.
