Tag: celebrity divorce

Divorce & Common Law Marriages

Posted by Ron Kauffman on

Comedian Ron White’s wife is filing for divorce, and the duration of their marriage could be a major point of contention. Margo Rey filed divorce pleadings last week in Los Angeles, mentioning they had a common law marriage in Texas.

If the couple have had a common law marriage in Texas since 2008, long before they officially got married, they may be considered married in the eyes of the law, if they live together as husband and wife, and hold themselves out in public as a married couple.

The answer to their dispute about the length of the marriage may be important as it relates to property division and alimony.

Margo says she wants Ron to pay spousal support. The issue of the common law marriage may have been raised so she can argue that her marriage could be a few years longer, and thereby entitling her to more alimony.

Florida Common Law Marriages

Florida deems common law marriages void. What about a common law marriage from another state? I have written about a unique case in South Carolina before, and the White divorce raises it again.

In South Carolina, Debra Parks wanted her relationship to be considered a common-law marriage under South Carolina law. Parks is gay. But until 2014, same-sex marriage was illegal.

In a groundbreaking case for South Carolina, a Family Court judge has ruled that Parks and her former partner had a common-law marriage under state law. And the state must recognize that their common-law marriage has been legal for almost 30 years, the judge ruled.

The South Carolina ruling immediately becomes a legal precedent, and has the potential to impact thousands of people in same sex relationships because it backdates the period of effect to the beginning of the common-law marriage.

South Carolina is one of eight states that recognize common law marriage. The case is important because same sex marriages were not recognized until 2014 and left an entire group of people “out in the cold” without the protections the law provides to heterosexual couples.

Florida law is different. No common-law marriage entered into after January 1, 1968, is valid in Florida. The South Carolina case could create a conflict between Florida Statutes – which makes common law marriages in Florida void as of 1968, the Parks case, which recognizes the creation of same-sex, common law marriages in South Carolina.

Interstate Problems

The generally established principle is that the validity of a marriage is determined by the law of the place where the marriage occurred. So, while Florida no longer recognizes common law marriages, nevertheless, it may be forced to recognize the validity of common law marriages in other states.

The TMZ article on the White divorce is here.

 

Family Courtroom Behavior

Posted by Ron Kauffman on

It’s been said that criminal court judges see the worst people acting their best, and family court judges see the best people acting their worst. That old adage comes to mind reading about the antics in the divorce of Formula One billionaire heiress Petra Ecclestone from her husband James Stunt.

A Wild Divorce Hearing

Ecclestone and Stunt have each hired some of England’s most high-profile divorce lawyers to represent them in court hearings, which are expected to start next month.

Their £158 million mansion in Los Angeles and a Grade II-listed house in the fashionable London district of Chelsea – worth up to £100 million – are expected to just some of the assets fought over.

As the Daily Mail reports, extraordinary details of their bitter marriage were laid bare during a highly-charged court hearing yesterday. The businessman, who runs an international gold bullion firm, was yesterday accused of behaving in a ‘disgraceful’ and ‘unedifying’ way prior to the hearing.

The bad-tempered hearing boiled over when Mr. Stunt, 35, slammed his hand onto a table and appeared to make a ‘gun gesture’ with his hand.

He then pointed at Mr. Ecclestone before calling him a ‘c***’ under his breath. Stunt then tapped him on the shoulder and stormed out of the court room.

Mr. Ecclestone stood up as if to confront him and started to follow him before the judge intervened. Recorder Richard Anelay QC: ‘Please Mr. Ecclestone, don’t respond. I know it’s tempting. For the record I saw [Mr. Stunt] clearly tap Mr. Ecclestone on the shoulder.

‘I think my intervention prevented rather actually prevented Mr. Ecclestone from wanting to retaliate. ‘Don’t carry it on outside please, it will not help you in the long run.’

Courtroom Behavior

I’ve written about courtroom behavior before. As a couple of good rules of thumb to follow:

  • Don’t – come to a custody hearing wearing your Nazi uniform – complete with swastika patch on the arm and leather boots – and demand a family court judge let you see your son.
  • Do – Dress in a neat and professional manner.
  • Don’t – Speak on your cellular telephone because judges hate ringing cell phones. Judges hate ringing phone so much, that U.S. District Judge Hugh B. Clarke Jr. fined himself $50 when his own cell phone started ringing during a hearing.
  • Do – Keep your cell phone ringer off, and if you absolutely need to have your phone on, put it on vibrate.
  • Don’t – Take off your pants and show the judge your rear end. Try not to make faces or gestures, don’t show your anger or disdain for the other side or the court.
  • Do – Keep a “poker” face when others are talking, and be clear and confident and in a loud clear voice when you are talking.

Yes, sadly these are cases of what people have actually done in court, and all of these instances are documented. Consider the solemnity of the courtroom, the stress family cases have on everyone, and show some respect to the judges and others in the courtroom who deal with these cases on a daily basis.

Back to the London Hearing

With those rules of thumb, consider some of the antics at the Ecclestone v. Stunt hearing. During the hour-long hearing, Mr. Stunt repeatedly laughed, scoffed, panted, sighed and raised his hands in the air as lawyers gave their submissions.

At one point the judge asked him to stop gesticulating because it was ‘very distracting’.

The husband, who was sporting a wedding band, smirked as he raised his middle finger towards photographers outside the court building.

The Daily Mail article is here.

 

What if a Spouse Dies During the Divorce?

Posted by Ron Kauffman on

Well this is a gloomy post: it’s about death and divorce. In November 1789, Benjamin Franklin wrote: “In this world, nothing can be said to be certain except death and taxes.” If roughly half of marriages end in divorce, there are some odds that a spouse will die during the divorce case. What happens legally and emotionally when a spouse dies during the divorce?

Emotional Roller Coaster

As the Washington Post reports, a couple of years after a wife and husband separated — but before he reached a divorce settlement — he died of a heart attack at age 57.

Overnight, the wife went from almost-ex-wife to widow. But, nearly six years later, I still feel as if I was widowed on a technicality. A real widow doesn’t have a divorce lawyer and a Match profile. A real widow is pining for her spouse, inconsolable.

Sometimes she calls herself a “partial widow.” To make her point, she mentioned a friend whose fiancé died three weeks before their wedding. “She doesn’t get to call herself a widow and I do?” “That’s ridiculous.”

Misplaced Emotions

“It’s called disenfranchised grief,” and it is also referred to as the grief that has no voice, because it’s a grief that our society typically does not recognize.”

It occurs in situations that fall outside the norm and might also include, for example, mourning the death of a former spouse or an extramarital lover. A widow who was about to be divorced has no defined place in society, so we often don’t know what we’re supposed to do.

Even responding to condolences can be awkward because there’s an element of not wanting to accept sympathy for something that is a misconception on their part. Others feel for the surviving spouse in a way that doesn’t feel accurate to the experience. It’s a different kind of pain than they’re assuming.

Legal Implications

I’ve written about divorce problems before. When a spouse dies during a divorce, the death of the spouse can have major legal implications that extend far beyond the mixed feelings you may have about losing your soon-to-be ex spouse.

Divorces are unlike other civil cases. It is true that in ordinary civil cases, the death of a party does not deprive a court of the power to enter a judgment after the death of a party. This means a court can still rule. This happens frequently in breach of contract actions, and especially in personal injury cases.

However, the general principle does not apply to divorce actions since the death itself has already terminated the marriage.

In Florida, the general rule for divorce is that there can be no judgment of divorce rendered after the death of either of the parties, since that event of itself terminates the status of marriage.

This immediate stopping of the divorce when a spouse dies during the divorce process can cause a lot of problems. This is especially true in divorce cases in which the parties are elderly, or sick, and death is a very real possibility. In those cases, the parties should seriously consider ways to avoid the court losing jurisdiction because of death.

The Washington Post article is here.

 

Chris Rock’s Divorce Tips

Posted by Ron Kauffman on

Chris Rock has headed out on his newest “Total Blackout Tour” in February, marking his first full-scale world tour in nine years. He also recently divorced his ex-wife, Malaak Compton-Rock in 2016. What Chris has said about his divorce experience may surprise you.

Chris gave an interview to Rolling Stone magazine recently, and though he jokingly calls his latest tour his “alimony tour,” he gets serious when talking about life after divorce.

“Getting divorced, you have to f–king start over,” he said. “You get to reset. It’s not a breakdown, but something in your life broke down.”

Communication between Ex-Spouses

However, instead of blaming his ex-wife – like he used to in some of his older comedy shows – he claims now that he has changed his mentality.

There are several reasons Rock has toned down the negativity when it comes to discussing his divorce and ex-wife.

For one, he said, “I asked myself, ‘Do I want to be angry for a year?’ It’s not a cool place to be. It’s not healthy.”

Secondly, he claims it’s not fair that he can go out and bash his ex, but that his ex doesn’t have a platform to defend herself. “It’s not fair”. “I have a mic, she doesn’t. God forbid people are bugging her in the supermarket. That’s not cool. I’m going to have to see her at weddings and graduations.”

Custody Battles

Rock, like other fathers going through divorce, had a rough time dealing with custody issues. Not just the battles with his ex-wife, but with himself and the children too.

For example, he spoke candidly about his emotions, that he cried once, “during the custody battle” over  his two daughters, Zahra and Lola Rock.

In order to be a more involved father, he moved closer to his children.

“All my friends assume I moved into the city after my divorce, away from my girls. When I say I bought a house around the corner, it blows their minds.”

Rock also spoke about the angry feelings his children express. In fact, at one point in the Rolling Stone interview, rock got candid and admitted: “My own daughter has blocked me on Instagram. They grow up so quick.”

I’ve written about Chris Rock’s divorce before, because his comments on his divorce have been both funny and surprising. For example, while his divorce was a custody battle (he claimed that his ex-wife had “repeatedly refused to permit him normal and usual access to the children) he also said:

“When you see me on ‘Dancing With the Stars’ . . . I’m not on crack, that’s just alimony!”

The Rolling Stone article is here.