Barry Bonds, baseball's home-run king, and his wife are getting a divorce.

Bonds' wife, Liz Watson, filed for divorce, citing irreconcilable differences. They have already reached a financial settlement agreement, according to court records.

Watson, who is seeking joint custody of the couple's 11-year-old daughter, withdrew a separation petition that was filed in June. The couple were married in 1998.

Bonds, who has not played baseball in two years, was previously married to Susann Margreth Branco, which ended in divorce in 1994.

By Bob Nightengale

Continue reading "Barry Bonds' wife files for divorce" »

American Idol judge and celebrity personality in his own right Simon Cowell has proven to be many things, but foolish has never really been one of them. So it should be no surprise that as things get more serious with his new girlfriend, Simon won't even consider walking down the aisle unless there's a pre-nup in place. Way to protect your hundreds of millions, Simon!

Simon Cowell is a new man now that girlfriend Mezhgan Hussainy is in his life. Even the music mogul's 84 year-old-mother said, "There's such a glow about him. I think he would make a wonderful husband."

However one thing that hasn't changed about the 'Idol' judge is his ability to tell it exactly as it is.

"Simon has made it clear to Mezhgan that he will not be walking down the aisle unless a pre-nup has been signed," a friend of Simon's tells me [Rob Shuter]. "He is in love, he hasn't lost his mind."

Mr. Cowell is estimated to be worth over $175 million. It has been reported that half of all US marriages end in divorce.

Continue reading "Simon Says: No Marriage Without Pre-Nup" »

Cheryl Cole's broken marriage is set to cost millions. Talk has already turned to the rumoured £22m fortune she shares with husband Ashley Cole. And that means this could be one very costly divorce battle.

Ashley and Cheryl didn't sign a pre-nuptial agreement when they married in 2006. The X Factor judge and her footballer husband earn a reported £6million a year though their work and sponsorship deals, and they share a £3.5million mansion in Surrey.

It's been said that Cheryl could walk away from the marriage with at least half of their assets. The singer announced her separation from her husband of three-and-a-half years just hours after arriving back in the UK yesterday. Cheryl's friends have been rallying around her, with fellow X Factor judge Louis Walsh saying: "I think the world of Cheryl, she's a great girl. "She deserves somebody amazing. She will be absolutely fine - she's a fantastic, strong star."

Meanwhile, celebrity publicist Max Clifford said the split would boost Cheryl's profile, adding: "It's obviously sad, but she didn't really have any choice. "It must have been a hard decision because clearly she loves him and, in spite of everything, that will have been very, very painful. "You naturally want to believe the best of people that you love."

Continue reading "Cheryl's £22m Split From Ashley Of Chelsea FC" »

Delays. Mediation. Cohabitation. The recession is complicating the already messy process of breaking up.

A couple recently stopped by divorce attorney Ron Ousky's office with lousy news. The husband's income was just slashed by $100,000 and the couple needed an unbiased financial planner to figure out if they could still afford to split.

They delayed their divorce by several months to rework finances and whip up a new settlement based on lower income.

You've heard of love in springtime. This is divorce in recession.

Layoffs, wage cuts, foreclosures and other financial setbacks are forcing many couples into reworked settlements, creative separations and postponements, divorce experts say. Enrollment in self-help classes for divorce is also rising.

"There are a lot more complex situations that we have to deal with because of the recession," said Amy Wolff, owner of AJW Financial Inc., which advises divorcing couples. "I have seen many more husbands and wives where one of them is laid off. It's certainly more difficult to divorce when they [suddenly] have one wage."

At Ousky's law firm in Edina, a team of mediators, financial planners and other experts assists about 70 people a year with divorce. He said more people are delaying divorce or staying in their homes longer because of financial problems.

Some marriage-weary spouses opt for mediation, which costs less than fighting in court, Ousky said. In Hennepin and Ramsey counties, court officials said more divorcing parties are representing themselves to save on legal fees. More people are also asking the state courts to waive divorce filing fees because they don't have the cash.

The National Marriage Project recently reported that divorces fell 4 percent in 2008, for the first time since 2005. The American Academy of Matrimonial Lawyers (AAML) reported that 57 percent of its 1,600 members have seen divorce filings plummet. The numbers are less clear in Minnesota, but professionals say the recession is having an impact here.

Separated -- in the basement

The scenario turns all the crueler when you throw in the conversion of one household into two.

"Some [spouses] are agreeing to stay in the basement just because they are waiting for the market to improve" before finalizing a divorce, said Nancy Peters, public affairs director for Hennepin County District Court.

Others haven't even started the divorce process because they don't have the money, she said.

"I know one guy moved into his car after splitting with his wife, but he didn't want the kids to see that he was homeless," Peters said.

In another, unrelated case, a man told his wife last summer he wanted a divorce, but then was told he would soon lose his job. Selling their home to save on the $2,000-a-month payment wasn't an option because four other houses were for sale on the block. Instead, the husband moved into the basement, where the woman ran her photo-studio business.

"I was bewildered for months," said the woman, who spoke on condition of anonymity to protect the couple's privacy. She began looking for a job, hoping to get one with benefits. But no one hired her.

"It's absolutely crazy. We are together only because I don't have a job and he doesn't make enough for me to divorce him and collect lots of alimony that would support the kids," she said. "If there's a silver lining, it only that this has required both of us to act very adult-like and our kids have benefited."

Continue reading "Divorce? In this recession, it's anything but fun" »

Many predicted it was coming but it is still interesting to know that a family court judge has been assigned to handle the divorce proceedings for Governor Mark Sanford and Jenny. Judge Jocelyn Cate of Charleston will be presiding over the final divorce hearing on February 26. Jenny moved out of the Governor's mansion with the children and spent much of last year in their Sullivan's Island, SC home after finding out about the affair.

Governor Mark Sanford stated that he was hiking the Appalachain Trail for several days when he had, in fact, been visiting with his mistress in Argentina. Jenny Sanford knew about the South Carolina Governor's affair before it became a media sensation. Recently, she released a book telling all about Governor Mark Sanford's short-comings and the problems with their marriage. Not surprisingly, she has stated Governor Sanford's adultery as the reason to end the 20 year divorce. Governor Mark Sanford, representing himself, has asked that her request for divorce be accepted.

When faced with a divorce or separation or annulment in Sacramento we recommend you consult an experienced Family Law Attorney. The state of California has setup a website where they share some information regarding divorce proceedings.

Continue reading "Governor Mark Sanford and Jenny prepare for divorce" »

Nas has denied a criminal contempt charge for unpaid spousal and child support in his divorce from Kelis.

The rapper pleaded not guilty through his attorney and was ordered back for a March hearing in Los Angeles.

Kelis' lawyer claimed Nas is 200,000 dollars behind on child and spousal support.

He was ordered to pay more than 51,000 dollars per month to his former wife and infant son in December.

Judge David S Cunningham III, who is overseeing the divorce proceedings, said it was starting to look like the rapper is trying to evade court orders.

One of Nas' attorneys, Anthony Ukran, told Cunningham the rapper needs more time to prepare his defence and show he is unable to pay the court-ordered support amounts.

Kelis filed for divorce in May.

California's Child Support Services Program works with parents - custodial and noncustodial - and guardians to ensure children and families receive court-ordered financial and medical support. Child support services are available to the general public through a network of 52 county and regional child support agencies (LCSAs).

Continue reading "Nas accused of unpaid child support" »

When a husband and wife are married for 10 years or longer, the California Family Code provides a built-in presumption that this is a marriage of "long duration." This classification is important in divorce proceedings, as it commonly entitles one spouse to receive permanent spousal support, as opposed to support that will terminate on a specific date. In recognition of the potential for one ex-spouse to abuse this privilege, the courts have adopted several rules intended to prevent the supported spouse from resting on his or her laurels in reliance on a lifetime of support from their ex-spouse. The most frequently invoked such rule is called the "Gavron Warning."

The Gavron warning is frequently issued to the supported spouse at the time the permanent spousal support order is made. The warning essentially compels the supported spouse to make all reasonable efforts to become self-supporting, within a reasonable time. If, in the future, the supporting spouse feels as though the supported spouse has failed to make such reasonable efforts, the supporting spouse can request to modify his or her support obligation downward, based on the failure to comply with the Gavron warning. At this point, the courts used to assess whether or not the supported spouse had made reasonable efforts. However, a recent case suggests that the courts may now have to assess another threshold issue before moving on to this analysis.

In an unpublished opinion, the 4th district court of appeals held that before a trial court can delve into an analysis of a supported spouse's specific efforts to become self-supporting, it must first reconsider whether or not it is reasonable to expect that spouse to ever become self-supporting. This case, Irmo Lillestrand, involved a couple who were married for 29 years. Although the wife had a degree in early childhood education, she never worked outside the home, in part to accommodate the husband's work arrangement. Upon divorce, the wife was awarded significant spousal support, but it was accompanied with a Gavron warning. At this time, the wife was in her early fifties and had never held a job outside the home. (She had operated a minimally successful business out the home throughout the marriage) Four years later, the husband received a downward modification of his spousal support based on the trial court's ruling that the wife had not taken reasonable efforts to become self-supporting. The court reasoned that the wife should have been able to secure a teaching job with minimal effort.

The court of appeals reversed, however, stating that the trial court erred in not assessing whether wife could ever become self-supporting. The court of appeals held that she likely could not, based on her advanced age, the fact that she would have to compete with twenty year-olds for entry level teaching positions, and based on the fact that it was reasonable for her to decide to work from home due to the fact that she had to tend to two minor children.

While this decision may not seem incredibly significant, it has the potential to impact future divorce cases. It creates an extra step that trial courts will have to take in the spousal support analysis. If the courts skip this step, this will open the door to an appeal. In addition, courts will now have to make a retro-active analysis as to whether a prior Gavron warning ought to remain in effect. If a Gavron warning that initially seemed appropriate is no longer appropriate, the court will have to rescind it altogether. Ultimately, this will provide supported spouse's with an additional opportunity to litigate the appropriateness of the Gavron warning and to argue for it's rescission.

Continue reading "A New Wrinkle to the "Gavron Warning"" »