Tag: celebrity divorce

Good Causes of Divorce

Posted by Ron Kauffman on

In a never-ending series, we look at good causes of divorce. In this edition, a police detective from Pennsylvania filed for divorce from his wife after he noticed she was photographed with another man during the January 6th Capitol riot.

Causes of Divorce

Stopping the Steal

Jennifer — the wife of Detective Michael of a Pennsylvania township police department and part of the FBI Pittsburgh office’s Violent Crimes Task Force — is accused of taking part in the January 6 riots at the Capitol building.

Jennifer was charged with several crimes after the riot, including disorderly and disruptive conduct in a restricted building or grounds, and violent entry and disorderly conduct on Capitol grounds, court documents show.

The FBI said in court documents filed last week that it identified Jennifer through her association with a man identified as Kenneth , and shared a photo of the two together that it said was obtained from Kenneth’s iPad.

The detective filed for divorce in February, records filed at the Allegheny County Court of Common Pleas show, according to the Pittsburgh Post-Gazette.

Florida No Fault Divorce

The official term for divorce in Florida is “dissolution of marriage”, and you don’t need fault as a ground for divorce. Florida abolished fault as a ground for divorce. So, whether your Wife is out in the streets demonstrating, or worse, demonstrating with another man, you don’t need to allege that as grounds for divorce.

I’ve written about divorce and infidelity issues before. The no-fault concept in Florida means you no longer have to prove a reason for the divorce, like your spouse’s political views. Instead, you just need to state under oath that your marriage is “irretrievably broken.”

Before the no-fault divorce era, people who wanted to get divorce either had to reach agreement in advance with the other spouse that the marriage was over, or throw mud at each other and prove wrongdoing like adultery or abuse.

No-fault laws were the result of trying to change the way divorces played out in court. No fault laws have reduced the number of feuding couples who felt the need to resort to distorted facts, lies, and the need to focus the trial on who did what to whom.

Florida abolished fault as grounds for filing a divorce. The only ground you need to file for divorce in Florida is to prove your marriage is “irretrievably broken.” Additionally, the mental incapacity of one of the parties, where the party was adjudged incapacitated for the prior three year, is another avenue.

No Collusion

He is not part of the investigation. Sean Frank, the chief of the township’s police department, said earlier this month that the detective had asked his wife not to go to the pro-Trump rally that preceded the riots.

The FBI said Jennifer was seen on restricted Capitol grounds, and inside the Capitol rotunda while wearing a red long-sleeve jersey bearing “Trump 20” on the back. It reviewed security-camera footage and police bodycam footage; court documents show.

The FBI said that it also looked at Facebook Messenger exchanges between Jennifer and Kenneth, where they discussed their plans to travel to Washington, DC, including renting a vehicle and a hotel.

She later told the FBI that she did not enter the Capitol building. But the FBI said that its evidence shows there is probable cause to believe that she was present inside the US Capitol on January 6, 2021, during the riot and related offenses that occurred at the US Capitol Building.

She said she had traveled to Washington on January 5 and returned the next day, court documents said. She said that she and Kenneth then fell out of touch — that she had travelled to the rally alone and stayed in a separate hotel from Kenneth — but that she saw him at the pro-Trump rally.

In its arrest affidavit, the FBI includes a photo that it says shows Jennifer wearing a camo-colored Trump hat while Kenneth is seen wearing a Q-Anon sweater and an American flag-themed balaclava around his face.

In late January, Kenneth was also charged in Pittsburgh federal court for knowingly entering or remaining in a restricted building; disorderly conduct impeding government business; disruptive conduct in the Capitol building; parading, demonstrating or picketing in the Capitol; and obstructing an official proceeding.

According to an FBI affidavit, Kenneth live-streamed video of himself on Facebook showing him and others inside the Capitol building. Facebook users who watched the live-stream contacted the FBI and identified Kenneth, it is alleged.

In the affidavit, photos alleged to be of Kenneth in Washington, DC show him wearing a black-hooded sweatshirt with an American flag patch on the arm, the letter ‘Q’ on one lapel, a ‘Don’t Tread On Me’ flag on another lapel, and a black Pittsburgh Pirates baseball cap.

Jennifer works as a web and graphic designer for a distributor of nuts in Western Pennsylvania, according to her LinkedIn bio. Michael’s boss, the Police Chief Sean, told the Pittsburgh Post-Gazette that Michael pleaded with his wife not to go to Washington, DC on January 6.

The Business Insider article is here.

 

National Divorce Day

Posted by Ron Kauffman on

National Divorce Day arrives at every new year, and after the stress of 2020, this year is not likely to be different. But is there a way to avoid the surge in new year divorce filings?

National Divorce Day

New Year, New You

National Divorce Day is the first working Monday of the New Year when legal firms see a surge in consultation requests from people seeking a divorce and separation.

Lawyers typically see the number of inquiries double around this time and then in late January it tails off. Over the last two or three years people even inquire a little bit earlier between Christmas and New Year.

Legal statistics have shown that marital dissolution filings can jump as much as 27-30 percent during the first month of the year. In 2019, searches for divorce peaked between January 6-12 according to Google. This year, that Monday is January 4.

It’s thought the surge is due to a breakdown in relationships nearing the festive period, with couples halting divorce proceedings until after Christmas and New Year so as not to spoil the fun.

Relationships can also break down in January because of New Year’s resolutions or stress over the holiday period. Clients can wait until after the holiday season to start divorce proceedings, and these folks have been contemplating divorce for months, if not years.

Many of them have actually held out until the holidays were over to leave so as to spare their children from connecting Hanukkah, Christmas and New Years divorce.

Florida Divorce

I’ve written about the rise in new years divorce filings, and many times the holiday season can highlight problems. What should you do? Whatever the reason for your problems, there are a few things that anyone looking into divorce for the first time needs to know to help them through the process.

Prioritize

Line up your priorities for life after the divorce. Is it finding a home? Is it retiring? Getting a job? Managing your special-needs child? Consider writing down your most important goals.

Consult

Even if you aren’t certain you need to hire an attorney, or filing for divorce at all, it is a good idea to meet with an expert in Florida’s divorce and family laws. Who better than someone certified by Florida as an expert in marital and family law? We offer free consultations, but even when there is a charge, it is well worth the fee to get accurate information.

Alternatives

Litigation is something to avoid. It’s time-consuming, contentious and expensive. The majority of divorces end up settling. There are many forms of alternative dispute resolution out there, including collaborative divorce, mediation, and informal settlement conferences.

2021 National Divorce Day

The events of 2020 have led many to believe that there are more reasons than ever to really take stock before making one of the most consequential decisions of your life. COVID-19 has been a game-changer in many ways for all of us, not the least of which has been in relationships.

If there was already stress and strain in the marriage, the pandemic has been like gas on the fire, magnifying all the nooks and crannies of pain and resentment between partners. If things were fine before COVID-19 hit, they might not be so great nine or 10 months in. Many of us are stressed and edgy.

The fallout from 2020 will leave a large wake of destruction and loss. It’s never a good idea to make any decision—let alone perhaps the most major decision of your life—when you’re on rocky terrain. So, there are some important and obvious reasons why this January might be the worst year ever to take the divorce leap.

Some helpful advice from Newsweek:

Consider whether you need a temporary or permanent break

Just about everyone in a long-term relationship has thought on occasion about what life would be like if they were free, single, and didn’t have to answer to anyone. It seems we humans often want what we don’t have. But, having worked with enough divorcing folks, I’ve heard plenty say, “If I had known how hard divorce would be (or how lonely I would be), I would’ve stayed in my marriage.”

 Evaluate the kind of hit your finances could take

Between 2007 and 2009, 18 percent of my private practice population was homeless as a result of getting a divorce at the exactly the wrong financial time. These homeless people included what we’d normally call “successful” people: an attorney, an accountant and a social worker.

Hard times compounded by the divorce, they ended up with nowhere to live and not enough money to rent a place. With 2020 having decimated businesses and many economies around the world, it’s important to think long and hard about how you’ll get basic needs met if the bottom falls out.

The Newsweek article is here.

 

90-Day Fiancé and International Child Custody

Posted by Ron Kauffman on

A 90 Day Fiancé star, Jihoon Lee, may soon become involved in an international child custody case after his estranged wife moved from South Korea to Utah with their son and a child from another relationship.

International Child Custody

Seoul to Soul

According to reports, Jihoon hasn’t reached out to estranged wife, Deavan Clegg in months amid their divorce, an insider exclusively reveals to In Touch.

“Things are very messy with the divorce right now. The papers have been filed, but Jihoon is currently on the run from trying to be served them,” the source continues. “Deavan’s lawyer is taking every step possible to make sure he is served and the divorce can be finalized soon so she can officially move on from their relationship.”

Jihoon is not taking his son’s removal to the United States well:

Being alone is so painful. I miss [my son] so much and I want to hug him. I felt broken without [my son] after not being together for a year. But now another man is pretending to be [my son’s] father and my wife’s husband. On paper, Deavan and I are still married.

While there has not been a report of a court action to return any child to South Korea, what are the remedies available if he wanted to do something about returning his child to South Korea?

Florida and International Child Abduction

I’ve written about international child custody cases under the Hague Convention and the UCCJEA before. The UCCJEA and the Hague Convention are similar. The Hague Convention seeks to deter abducting parents by depriving the abducting parent’s actions of any practical or juridical consequences.

When a child under 16 who was habitually residing in one signatory country is wrongfully removed to, or retained in, another signatory country, the Hague Convention provides that the other country: “order the return of the child forthwith” and “shall not decide on the merits of rights of custody.”

The removal or the retention of a child is to be considered wrongful where:

  • it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and
  • at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention.

However, many countries, unlike South Korea and the United States, are either not signatories or treaty partners with us in the Hague Convention. Fortunately, when a country is not a signatory country, the UCCJEA may provide relief.

Florida and almost all U.S. states passed the UCCJEA into law. The most fundamental aspect of the UCCJEA is the approach to the jurisdiction needed to start a case. In part, the UCCJEA requires a court have some jurisdiction vis-a-vis the child.

That jurisdiction is based on where the child is, and the significant connections the child has with the forum state, let’s say Utah. The ultimate determining factor in a Utah case then, is what is the “home state” of the child.

90-Day Divorce?

Jihoon, 31, confirmed the separation from Deavan, 24, in August while their story line on season 2 of 90 Day Fiancé: The Other Way was still playing out on TV. Deavan then confirmed she moved back to America from the former couple’s marital home in South Korea with their son and her daughter from a previous relationship.

Since Deavan left Jihoon in South Korea, the couple have not been in communication. He reportedly blocked Deavan for five months now so it’s been hard to get a hold of him or even reached out to their son since he’s been back in America, so it’s nice to see Topher step in as a father figure.

Jihoon previously spoke out against Deavan’s claims, defending himself and explaining the reason why he blocked the mother of his son on all platforms.

“The reality is terrible. I know all this s–t. Like he’s going to have a new father. Do you know how it feels? My heart is always breaking. It happened without my knowledge,” Jihoon wrote in a statement via Instagram on September 3, revealing Deavan had not yet filed for divorce at the time. “And I don’t want to get involved in their lives. So I blocked them all. So extreme. But that’s how I organize my mind-set. I will never forget my son and love him forever.”

The In Touch article is here.

 

Exploding International Divorce Rates

Posted by Ron Kauffman on

More news about exploding international divorce rates as new data shows the largest annual percentage increase in separations in England and Wales in nearly 50 years – with same-sex splits almost doubling.

International Divorce Rates

Not So Merry England

The Office for National Statistics (ONS) said divorces of heterosexual couples rose by 18.4% 90,871 in 2018 to 107,599 last year – the highest number since 2014, when 111,169 divorces were granted.

It was the largest annual percentage increase in the number of divorces since 1972, following the introduction of the The Divorce Reform Act 1969 which made it easier for couples to divorce upon separation, the ONS said.

Divorces among same-sex couples in England and Wales nearly doubled, from 428 in 2018 to 822 last year. Nearly three-quarters (72%) of these were between female couples.

The data suggests a reversing trend after divorce rates in the previous two years had dropped to their lowest since the early 1970s.

Florida Divorce Rates

I’ve written about fluctuating divorce rates in the United States before. Part of the problem with counting divorces in the U.S., unlike in England and Wales, is that collecting divorce statistics in the United States is not consistent.

Individual counties in some states keep excellent records of finalized divorce cases, an important statistic in measuring divorce rates. Miami-Dade County, for instance has excellent records of filing online. However, other counties in Florida and outside of Florida may not.

Additionally, different American states and the federal Census Bureau, have had a rocky history of collecting the data from across the country on divorce rates. In fact, the federal government has stopped providing financial support for detailed state collection.

The Crown . . . of Statistics

The crown of statistics gathering in England, the ONS, said that the scale of the recent increases could partly be attributed to divorce centers processing a backlog of casework in 2018, which was likely to have translated into a higher number of completed divorces in 2019.

It added the size of the increase can be partly attributed to a backlog of divorce petitions from 2017 that were processed by the Ministry of Justice in early 2018, some of which will have translated into decree absolutes (completed divorces) in 2019.

This is likely to have contributed to both the particularly low number of divorces in 2018 (the lowest since 1971) and the increase seen in 2019.

“The pandemic has put immeasurable strain on relationships and has caused a massive influx of cases hitting the divorce courts. In 35 years as a family lawyer I have never seen a consistently busy year like this year and that will be reflected in next year’s divorce numbers.

The ONS also said that the number of same-sex divorces has risen each year, reflecting the increasing size of the same-sex married population since the introduction of marriages of same-sex couples in March 2014.

Same-sex couples have been able to marry in England and Wales from March 2014. Since then, the number of divorces of same-sex couples increase each year from very small numbers in 2015, when the first divorces took place, to more than 800 in 2019, reflecting the increasing size of the same-sex married population in England and Wales.

While we see that 56% of same-sex marriages were among females, nearly three-quarters of same-sex divorces in 2019 were to female couples. The ONS said that there had been an overall downward trend in divorce numbers since the most recent peak of 153,065 in 2003.

But this is broadly consistent with an overall decline in the number of marriages between 2003 and 2009. Unreasonable behavior was the most common reason for couples divorcing in 2019, the ONS said.

The new figures showed that 49% of wives and 35% of husbands in heterosexual marriages petitioned for divorce on these grounds. It was also the most common reason for same-sex couples divorcing, accounting for 63% of divorces among women and 70% among men.

The Independent article is here.

 

Divorce and Cheating in Cabo

Posted by Ron Kauffman on

Cheating may be involved in the divorce between Dancing with the Stars‘ Gleb Savchenko and his estranged wife, Elena Samodanova after Samodanova was spotted kissing another man while vacationing in Cabo San Lucas, Mexico.

Cheating Divorce

Dirty Dancing

The So You Think You Can Dance choreographer, 36, submitted documents to a Los Angeles courthouse on Tuesday, December 22, seeking a dissolution of marriage with minor children.

Samodanova also filed a request for mediation regarding child custody, visitation and child support. The estranged pair share two young daughters.

Court documents obtained state that “the court orders both parties to participate in mediation to discuss custody and/or visitation” and help form “a mutually agreeable parenting plan.” A hearing is scheduled for March 2021.

Samodanova and Savchenko announced that they were going their separate ways after 14-years of marriage. At the time, Dancing With the Stars fans wondered whether Savchenko had become more than friends with season 29 partner Chrishell Stause.

Both denied the rumors.

Florida Divorce and Cheating

I have written about divorce and cheating before. Adultery can be the cause of a divorce, but can it impact the outcome? There is still a statutory basis for infidelity to be an issue in your divorce proceedings, but not in the way most people think.

Adultery may impact the division of property. Florida is an equitable distribution state, and it is presumed that property should be evenly divided. This presumption may be overcome by proof that one spouse intentionally wasted marital assets.

This waste is sometimes known as dissipation. Paying for expensive jewelry, foreign trips, rent, car payments, and dinners for girlfriends and boyfriends is considered wasting marital assets. The court has the power to reduce an adulterer’s equitable distribution to credit the marital estate for waste.

Florida law specifically provides that a court may consider the adultery of either spouse in determining the amount of alimony, if any, to be awarded. However, courts have struggled to reconcile the “fault” of adultery with the concept of “no fault” divorce. The result is a mix of weak opinions.

Chapter 61 discusses the “the moral fitness of the parents” as one of the factors the court considers in determining the best interests of a child.

So, if one parent can prove that the other parent’s adultery had, or is reasonably likely to have, an adverse impact on the child, the judge can consider adultery in evaluating what’s in the best interest of the child. However, it would be extremely unusual for an issue to be decided on those grounds.

They danced the famous Merengue

In photos published by Page Six, Samodanova wears a black swimsuit and red cover up as she shares a kiss on the beach with a man identified as none other than Dancing with the Stars’ Vlad Kvartin!

“It is very convenient that hours after Elena was caught out kissing another man on a beach in Cabo that she has now decided to announce that she has filed for divorce.”

My relationship with Chrishell was and remains platonic. Our friendship during our season on DWTS was not the reason for our split. Elena and I have had longstanding issues in our marriage. This has been an ongoing situation between Elena and I paired with poor timing.

Amid the pair’s messy split, an insider reported that Savchenko’s first priority was providing for his children. “Gleb is such a hands-on dad and very protective of his kids,” the source said. “He is trying to handle everything in the best way possible to not give Elena any sort of leeway for the sake of their children.”

Earlier this month, the Celebs on the Farm star joined Stause and her new boyfriend on a romantic couple’s trip to Mexico. Savchenko was accompanied by new girlfriend Cassie Scerbo.

As they showed off their budding romance on social media, a source revealed that the duo “really enjoy each other’s company” and “are just starting to get to know each other.”

In a very moving social media post, sure to touch everyone’s hearts, Samodanova sadly remarked:

“I don’t know if Prince Charming exists anymore. It’s a fairy tale which I do not really believe anymore.”

The People article is here.

 

Divorce and Crime

Posted by Ron Kauffman on

Divorce and crime are in the news after the estranged wife of former San Diego congressman, Duncan Hunter, filed for divorce after more than a year of separation amid a corruption prosecution that netted them both felony convictions.

Divorce and Crime

Trouble in America’s Finest City

Margaret Hunter is seeking a divorce because of “irreconcilable differences,” and requests joint legal custody of their two daughters according to court records filed in San Diego Superior Court. She seeks physical custody of their daughters and reasonable visitation with their father. She also asked the court to award her spousal support and attorney’s fees and costs.

The divorce filings do not include any details about the “irreconcilable differences” that ended the marriage. An attorney for Margaret said she had no comment. A spokesman for Duncan did not immediately respond to requests for comment Wednesday.

Duncan Hunter has been living with his mother and father, Former Rep. Duncan Lee Hunter. The divorce records say Margaret and their daughters have lived in La Mesa since the couple separated in August 2019.

Duncan Hunter served as a U.S. Representative from 2013 to 2020 and succeeded his father, Republican Duncan Lee Hunter, a member of Congress from 1981 to 2009.

In 2017, the Department of Justice began a criminal investigation into Hunter and his campaign manager and wife Margaret Jankowski, for alleged campaign finance violations. The couple was indicted in federal court in August 2018 for allegedly using more than $250,000 in his campaign funds for personal purposes.

Margaret had been Duncan’s campaign manager. Both initially pleaded not guilty then separately changed their pleas last year, with each admitting to one felony count of conspiring to illegally convert campaign money to personal use.

Florida Property Division and Dissipation

I have written about equitable distribution in Florida before. In a proceeding for dissolution of marriage, in addition to all other remedies available to a court to do equity between the parties, a court must set apart to each spouse that spouse’s non-marital assets and liabilities.

When distributing the marital assets between spouses, a family court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors.

One of the factors to consider is the “intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.

As a general rule, when misconduct during the divorce results in the dissipation of a marital asset, the misconduct may serve as a basis for assigning dissipated assets to the spending spouse when calculating equitable distribution.

The question is whether a spouse used marital funds for his or her own benefit and for a purpose unrelated to the marriage at a time when the marriage is undergoing an irreconcilable breakdown.

Thrown Under the Bus

In a Fox News interview, the congressman firmly put the blame for his campaign shenanigans where it belongs . . . on his wife:

“I’m saying when I went to Iraq in 2003 the first time, I gave her power of attorney and she handled my finances throughout my entire military career and that continued on when I got to Congress since I’m gone five days and home for two. She was also the campaign manager. So, whatever she did, that will be looked at, too, I’m sure. But I didn’t do it.”

Duncan told a Fox News reporter shortly after the indictment that he had given his wife power of attorney when he was deployed to Iraq with the U.S. Marine Corps in 2003, and she handled his finances after that.

The indictment and other court records prosecutors filed in Duncan Hunter’s case before he pleaded guilty last year suggested Duncan carried on extramarital affairs with at least five women — three lobbyists, a staff member and a congressional aid — and used his campaign money to pay for weekend getaways and other outings with them, starting in 2009.

Margaret cooperated with prosecutors during their investigation, and they agreed to seek a lighter sentence. She was sentenced in August to three years of probation and eight months of house arrest, which she began serving immediately.

Duncan was sentenced in March to 11 months in prison, which he is scheduled to begin serving Jan. 4. His lawyer said he will do his time at the Federal Correctional Institute La Tuna in Anthony, Texas. Duncan resigned from his seat representing the 50th District in Congress in January.

The San Diego Tribune article is here.

Divorce Fraud in Minnesota

Posted by Ron Kauffman on

Divorce fraud may be the reason a Minnesota judge rejected a proposed marital settlement agreement between Derek Chauvin, the former Minneapolis police officer charged in George Floyd’s death, and his estranged wife.

Divorce Fraud Minnesota

Fraud and Loathing in Minneapolis

Washington County Judge Juanita Freeman issued the order in late October declining the agreement, writing that a transfer of “substantially all” of one’s assets to the other in an uncontested marriage dissolution is a badge of fraud.

The Chauvin’s agreement apparently sought to transfer the majority of Derek Chauvin’s assets to Kellie Chauvin. The order said the couple’s agreement would transfer all the equity in their homes, funds in their bank and investment accounts, and all of Derek Chauvin’s pension and retirement accounts “except for the nonmarital portion of two specific accounts” to Kellie Chauvin.

State law encourages divorces to be settled without additional court involvement, but:

The court has a duty to ensure that marriage dissolution agreements are fair and equitable and says judges can deny an uncontested agreement between a couple if the transfer features badges of fraud.

She did not accuse them of fraud or provide any other details or motives for her decision. She did write the Chauvins’ can submit a revised agreement to be considered by the court, adding it must indicate which portion of Derek Chauvin’s pension and retirement accounts are nonmarital and “include a balance sheet specifically indicating the total dollar value of the debts and assets that are assigned to each party”.

Florida Agreements and Fraud

I’ve written about the Chauvin divorce before, and also about enforcing marital settlement agreements. Most family law cases are resolved by agreement, not by trial. A Marital Settlement Agreement is the method to resolving all of the issues, and is the final product of the negotiations.

A marital settlement agreement puts in writing all the aspects of the divorcing parties’ settlement. Topics covered in the Marital Settlement Agreement include the parenting plan and timesharing schedule, the division of the parties’ assets and liabilities.

A marital settlement agreement, entered into by the parties and ratified by a final judgment, is a contract subject to the laws of contract. In Florida, parenting plans and matters relating to the children must be approved by the family law judge. In addition, the judge is obligated to make sure child support is consistent with Florida’s child support guidelines.

Something is rotten in the state of Minnesota

Calling the judge’s ruling “rare,” local divorce attorneys in Minnesota said it adds to suspicions that Derek and Kellie Chauvin are trying to protect their assets.

This is just speculation, but it’s possible that the [agreement] was intentionally drafted to get assets out of Chauvin’s name in anticipation of a civil judgment against him from the estate of George Floyd. That may be what the court is getting at when it references ‘badges of fraud.

Other sources report that court documents highlight varied sources of incomes between the couple with Chauvin, 46, making between $52,000 and $72,000 per year as an officer. He worked as an off-duty security guard on the weekends at El Nuevo Rodeo dance club, Cub Foods, Midtown Global Marker, and EME Antro Bar.

However, Freeman wrote that under the agreement, Kellie Chauvin would have received all the equity in their two homes, all the money in their bank and investment accounts and all the money from Derek Chauvin’s pension and retirement accounts.

Funds from two of Derek Chauvin’s accounts that were earned before the couple’s 2010 marriage would have been exempt. Chauvin was a Minneapolis officer from 2001 until his firing this year. It’s unknown if the monetary amounts were listed in the agreement due to the heavy redaction. Chauvin has not begun drawing his pension, so that amount is not yet public information.

Several tax-related felony charges filed in Washington County this summer against the couple allege that they failed to claim $464,433 in joint income dating back to 2014. Derek Chauvin earned $52,000 to $72,000 annually between 2014 and 2019 as an officer. He also earned nearly $96,000 working security at businesses while off duty.

Divorces of convenience aren’t unheard of. They’re sometimes filed to protect assets when someone enters assisted living or is dealing with health problems that could result in exorbitant bills. Judges are compelled by law to ensure that divorces are equitable, but state law also encourages settlement agreements without additional court involvement.

It may be unusual that a judge would reject a stipulated agreement. Judges are happy to know that litigants have avoided any more administration of this case and a trial, which is really time-consuming.

The Chauvins could submit a revised agreement. If no revised agreement is reached and approved, the case could be tried in court. Theoretically, Judge Freeman could also divide the assets as she deems fit and is empowered to do through state law.

The Star Tribune article is here.

 

Speaking Engagement – 2020 Family Law Case Review

Posted by Ron Kauffman on

2020 has been, well, quite a year. So, on December 10, 2020 join me and fellow board certified Marital & Family Law attorney, Reuben Doupé, for an interactive discussion on some of the major Florida family law decisions that helped make 2020 so . . . special.

2020 family law cases

Sponsored by the Florida Bar Family Law Section, attendees will be eligible for 2 CLE credits – 0.5 of which may be applied towards Ethics. The seminar will start at noon, and run for 2 hours.

Topics will include the latest decisions from Florida appellate courts on modifications, parenting plans, alimony, equitable distribution, child support, relocation, enforcement, contempt, paternity, attorney’s fees, and disciplinary and ethical considerations.

Registration is here.

 

Swinging into Child Custody Co-parenting

Posted by Ron Kauffman on

Four years after Spiderman star Tobey Maguire separated from his estranged Wife Jennifer Meyer, the couple is swinging into a new life of child custody and co-parenting in a way many divorcing couples should stick to.

Spiderman coparenting

Spiderman Meets Divorce Court

The two are officially ending their marriage. Four years after splitting, Meyer filed for divorce from the actor. Jennifer Meyer announced their separation, but the issues that led to the end of their nine-year marriage are not new.

“They’ve been living separate lives for a while. They have completely different interests and haven’t seemed to be connecting.”

Part of the problem seems to be a personality clash. “He’s extremely private and prefers to stay home, and she’s very social and has tons of girlfriends,” the source explains.

“They haven’t been happy together for a long time. But they are great parents, and they love their children.” A family friend echoed the couple’s devotion to their children. “It’s a marriage that’s ending, but a bond and a family as strong as any I know. They’re remarkable people. And very supportive of each other.”

Florida Co-Parenting

The question about an award of custody of children frequently comes up and is a matter I’ve written about before. Many people are surprised to learn that the term “custody” is no longer recognized in Florida.

Florida replaced the “custody” term for the “parenting plan” concept in order to avoid labeling parents as “visiting parent” or “primary parent” in the hopes of making child custody issues less controversial, and encourage parents to co-parent more effectively.

Under Florida’s parenting plan concept, both parents enjoy shared parental responsibility and a time-sharing schedule. “Shared parental responsibility” means both parents retain full parental rights and responsibilities and have to confer with each other so that major decisions affecting their child are made jointly.

A time-sharing schedule, as the name suggests, is simply a timetable that is included in the parenting plan that specifies the times, including overnights and holidays, that your child spends with each parent.

Florida’s parenting plan concept has changed sole custody into “sole parental responsibility.” The term means that only one parent makes decisions regarding the minor child, as opposed to the shared parental responsibility terms, where both parents make decisions jointly.

Spidey Sense

Maguire, 41, and Meyer, 39 met in early 2003 and were married four years later in an intimate wedding ceremony in Hawaii, witnessed by a small group of family and friends.

At the time Meyer, a jewelry designer, shared her feelings about the big moment, telling USA Today, “Let’s just say this is truly the best time of my life. I’m walking on air. I’m getting married, starting a family and have an amazing company.”

The actor, who has spoken out about having a rocky childhood, revealed that settling down was a big priority in his life.

“Growing up the way I did, I had a very serious ambition to make some money, to have some security and comfort in my life,” he told Parade magazine in 2007.

Maguire has been keeping a low profile in Hollywood since wrapping up Spider-Man 3 — his final outing with the franchise — in 2007, appearing only in a handful of carefully selected projects including 2013’s The Great Gatsby and 2015’s Pawn Sacrifice, his last film to date.

The actor has also been seen hanging with pal Leonardo DiCaprio and girlfriend Nina Agdal, mostly recently on a yacht in Ibiza.

Maguire and Meyer also attended Jennifer Aniston and Justin Theroux’s secret wedding last year (Meyer designed Aniston’s wedding ring), and eventually joined Aniston and Theroux on a group honeymoon trip to Bora Bora that included a slew of other friends.

“They have completely different interests and haven’t seemed to be connecting,” the insider said at the time. “He’s extremely private and prefers to stay home, and she’s very social and has tons of girlfriends.”

“They haven’t been happy together for a long time,” the source continued, “but they are great parents, and they love their children.”

Despite their separation, the duo seems to have remained on friendly terms. The Spider-Man star has shown up to support Meyer in the years since their split. In 2018, Maguire attended the opening of his ex’s jewelry store in Los Angeles and posed for photos with Meyer.

In June, Meyer wished Maguire a happy Father’s Day on Instagram, calling the actor her “best friend.”

“To the best baby daddy. All is can say is no matter what happens in life, to relationships etc…. choose a dad for your kids that you can count on forever. This one right here is my best friend and the greatest dad to our babies. I’m sorry Tobey, I know you hate Instagram, but every once in a while I like to brag to everyone about how special you are ❤️ Happy Father’s Day.”

The People article is here.

 

The Grey Anatomy of Divorce and Social Media

Posted by Ron Kauffman on

Posting your kids’ photos on Facebook, Instagram and other social media is a fun and normal event for most parents. But posting those same pics after a divorce may not be so easy, as Grey’s Anatomy star Jesse Williams and his former wife, Aryn Drake-Lee found out.

Greys anatomy

Dr. Avery to the Courtroom

Taking over three years after splitting, the Grey’s Anatomy star, 39, and his former wife, a real estate broker, 38, were deemed legally single by a Los Angeles County judge. The agreement was initially reached in September 2019.

The exes will share joint legal and physical custody of their 6-year old daughter and 5 year old son. However, their divorce is particularly interesting because they are required to first speak to each other before they can upload photos of their children on social media according to the court documents.

One of their bitterly contested issues in the news reports about their divorce centered around their two children. Aryn filed legal motions to stop the “Grey’s Anatomy” actor from posting images of their kids on social media.

Jesse had argued that it’s his First Amendment right to post photos of his own children online. But the Mother argued differently. Aryn believed that by his posting the children’s photos online, he left the door open for Jesse’s fans to become obsessive, or even try to harm the children, in order to get closer to the star actor.

The mother was also  concerned that their children are not public figures like their father, and have their own rights. In court documents, the Mother argued she didn’t care if he shares images of their kids with family and friends, it’s the random people that worry her.

Florida Divorce and Social Media

I’ve written about divorce, social media, and some of the constitutional issues involved when the court limits your ability to post online. The Grey’s Anatomy actor and the Mother’s dispute is typical: he is concerned about his 1st Amendment protections, and she is concerned about the online safety of their children.

Divorce courts have a lot of power to protect children, and that can involve restraints on free speech, such as your ability to post photos on social media. One of the areas where this occurs most often is in domestic violence cases. That’s because speech can be enjoined under our domestic violence laws.

Domestic violence injunctions prohibiting free speech are subject to constitutional challenge because they put the government’s weight behind that prohibition: a judge orders it, and the police enforce it.

In Florida, the term “domestic violence” has a very specific meaning, and it is more inclusive than most people realize. It means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

Domestic violence can also include cyberstalking. Cyberstalking is harassment via electronic communications. A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person commits the offense of aggravated stalking, a felony of the third degree.

A credible threat means a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm.

“This is your starting line. How well you play? That’s up to you.”

In court documents filed in August, Aryn allegedly claimed that their kids are being “emotionally compromised” because of Jesse’s dating life, saying he has a “revolving door” of women. She asked the judge to hand down an order that required women to stay away from the kids until he dates them for six months.

Aryn also argued that Jesse has an unhealthy temper. The actor countered that claim, saying that his kids have never seen him angry, but they have witnessed Aryn be verbally abusive to him. He also said she once repeatedly slammed the front door on his leg during an argument.

In July, he filed court documents claiming that his estranged wife refused his request for more time with the kids and so he asked for a “court order for a joint physical custody parenting plan.”

Jesse reportedly has been ordered to pay his ex-wife $40,000 in child support every month, as well as over $100,000 in two upcoming spousal support payments. He first met Drake-Lee while working as a schoolteacher in New York. The pair wed in September 2012 after more than five years together. In April 2017, the actor filed for divorce.

Williams and Drake-Lee were granted joint legal custody of their two children in August 2017 and joint physical custody in March 2018. The agreement according to sources, stated that Williams and Drake-Lee must alternate custody of the children for major holidays.

“When you start spinning, the children start spinning, so even if you’re looking at them and you’re telling them everything is fine, they know it’s not fine because they can feel it’s not fine.”

Jesse is now dating Hit The Floor actress Taylour Paige. They were first linked in January 2019 after spending time together at the Sundance Film Festival. He previously dated SportsNews New York anchor Taylor Rocks, and also dated Minka Kelly for several months before calling it off in January.

The People article is here.