Tag: Cheating and Divorce

Wrestling over Attorney Fees in Divorce

Hulk Hogan, the famous professional wrestler who calls everybody “brother”, is now saying “uncle”. A family court judge in Tampa Florida has ordered that Hogan has 30-days to pay his ex-wife Linda Bollea more than $180,000 in attorney fees and costs in his post-judgment divorce case.

attorney fees divorce

Get Ready to Rumble

Hulk, whose real name is Terry Bollea, married Linda Bollea in 1983. Linda Bollea, 59, divorced the pro wrestler, whose real name Terry Gene Bollea, after 23 years of marriage when an alleged mistress went public in 2008. The parties entered into a marital settlement agreement in December 2009.

Linda alleges she’s had to fight Hogan, 65, to get what was agreed upon ever since. Hogan is taking Linda back to court in his attempt to block her from seeing the books on Intellectual Property that she may own half of.

“It has been nine years since our divorce and I have received nothing but frivolous legal battles meant to harass and drain any monies I received upfront from our original divorce agreement. He’s hidden money, transferred and diverted money, switched trademarks, cooked the books, everything he could to make sure I get as little as possible from the brand I helped him build and turn into a global success.”

In August 2019, Judge Peter Ramsberger ruled that the Hulkster was responsible for “the vast escalation of fees and costs,” surrounding their prolonged divorce and legal battle to which his ex-wife Linda said the former wrestling star has repeatedly failed to pay.

The initial 2009 marital settlement agreement entitled Linda Bollea to 70% of their liquid assets, properties and 40% of Hogan’s earnings from his $115 million Gawker settlement.

Hogan sued website, Gawker, after the gossip site published a sex tape of Hogan containing racial slurs muttered by the wrestler in 2012.

The one-time most famous wrestler in the world was then dropped by the WWE and admitted to being a “racist, to a point,” but also apologized saying the “language that is offensive and inconsistent with my own beliefs.”

Florida Attorney Fees in Divorce

Attorney fees and costs can be high in a Florida divorce case. One way to level the playing field of high divorce fees and costs in Florida is to ask one side to pay for attorneys’ fees.

In Florida attorney’s fees may be awarded in a divorce, including enforcement and modification proceedings, separate maintenance, custody and support proceedings and appellate proceedings.

The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney’s fees, suit money, and the cost to the other party of maintaining or defending any proceeding. The same is true in paternity actions under Chapter 742.

I’ve written about reducing attorneys’ fees through various means before. The purpose of awarding attorneys’ fees is to make certain that both parties in a divorce proceeding “will have similar ability to secure competent legal counsel.”

There are also fees for frivolous cases. A reasonable attorney’s fee can also be awarded to the prevailing party if the court finds that someone brought a claim that was not supported by the material facts the then existing law to those material facts.

Hulkamania is running wild, Brother

Judge Ramsberger ruled:

“His early compliance or good faith efforts to timely comply with petitioner’s discovery requests would have avoided a considerable amount of time having to be spent by petitioner’s counsel in doing what they have had to do in order to accomplish their rightful discovery requests, and properly represent his client.”

Hogan has one month to pay over $170,000 in attorney’s fees his former wife has spent while litigating their post-judgment proceedings, and an additional $10,260.25 in excess costs and legal fees.

Linda Bollea’s attorney shared his enthusiasm for the settlement:

“We were rightly awarded 100 percent of our fees, costs and travel expenses and fees requested incurred just to that point in combating Hulk Hogan and his controlled Entities obstructive and costly discovery prevention. Consistently, Hulk Hogan and his controlled Entities did all they can to prevent Linda from obtaining the discovery proving his failure to comply with their marital settlement agreement and diverting of money Linda should be receiving.”

The Fox Business article is here.

 

Borat and No-Fault Divorce

The official term for divorce in Florida is “dissolution of marriage”, and you don’t need to prove fault. Instead, you need to state under oath that your marriage is “irretrievably broken.” According to CNN, Sacha Baron Cohen learned the true meaning of no-fault divorce after discovering Pamela Anderson’s divorce may have been caused by his movie Borat.

Borat No Fault Divorce

High Five!

As CNN reports, the movie Borat was a huge success, earning $262 million against a modest $18 million budget, and worked its way deep into American culture. Unfortunately, the film’s success came at a price, as it may have cost Kid Rock his wife.

Sacha Baron Cohen, recently told The Daily Beast’s The Last Laugh podcast that Pamela Anderson was in on the joke for the scene in which Borat kidnaps her, Cohen and that her then husband, Kid Rock, hated the movie.

Cohen says that the scene in which his fictional character Borat approaches Anderson and carries her out of a book signing caused the split:

“We did that scene twice, actually. The first time we did it at a book signing and I grabbed her over my shoulder and ran out with her and no one did anything. I was like, what kind of fans are these?”

Kid Rock was briefly married to Pamela Anderson in 2006. Cohen said that, following a screening of the finished film with Anderson and Kid Rock, he called Anderson to find out what her new husband thought of the film.

“Kid Rock saw the movie, and I texted Pamela Anderson and asked, ‘How did it go? What did he think?’” said Cohen. “And she texted back, ‘He’s getting divorced.’”

Florida No-Fault Divorce

I’ve written about no fault divorce before. No-fault laws are the result of trying to change the way divorces played out in court. In Florida 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. Gone are the days when you had to prove adultery, desertion or unreasonable behavior as in England.

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.

Adultery can be the cause of a divorce, but can it impact the outcome? Since Florida became a no-fault state, the fact that, “she (or he) is sleeping with a co-worker” doesn’t hold much traction in court any more.

Some people think no fault divorce is one of the main reasons for a high divorce rate. Despite the recent legislative moves in the UK, there is a movement here to return to the old “fault” system to promote families.

Not in Kazakhstan Anymore

Cohen said Anderson told him that Kid Rock wanted the divorce specifically because of the movie, which he naturally assumed was a joke:

“I thought it was a joke,” Said Cohen. “But then a few weeks later they got divorced and they put as a reason for divorce: ‘Borat.’ So, it had some casualties.”

Cohen’s version of this story also lines up with and seems to confirm reports, which claimed that Universal Studio chief Ron Meyer held a screening of the movie at his home and that the Kid Rock became angry and ruined the night because he hated the movie.

This revelation raises a number of questions. Was Kid Rock, like so many people, unable to tell if his wife’s involvement in the film was real? Did he believe that his wife did not fight back strongly enough against the seductive, amorous advances of Borat Sagdiyev?

CNN reports that Anderson and Rock did get divorced the same month as the film came out, but the comedy film may be an unlikely cause of the divorce.

The CNN article is here.

Photo courtesy of Michael Bulcik / SKS Soft GmbH Düsseldorf

 

Rules for a Divorce Announcement

Amazon CEO Jeff Bezos and his wife MacKenzie announced their divorce last week. Being the world’s richest man, a divorce announcement is big news. But as the Wall Street Journal reports, there are rules to writing one.

divorce announcement

“Alexa, read me a divorce announcement”

In a world of social media, where personal news like divorce can spread to millions in minutes, the days of sitting down and privately explaining to friends and family your decision are over.

For CEOs, its also a matter of re-assuring shareholders, employees, and customers that they won’t experience any turbulence.

Announcements allow you to frame the narrative of your case: to set the tone and story so others don’t have to guess what’s going on or how you approach divorce.

“Alexa, what do you need to divorce”

I’ve written on various topics about divorce. There can be good and bad divorces. How you announce your divorce these days has dramatically changed. This change has given you a lot of power over how your break-up is perceived by others.

But does it matter? Historically to obtain a divorce, you had to prove legal grounds such as adultery. This often-required additional expenses making the divorce process more expensive and cumbersome than it already was.

Florida Statutes actually still provide that these things may be considered in certain circumstances in the award of alimony, equitable distribution of marital assets and liabilities, and determination of parental responsibility, but courts give them little consideration from a legal perspective.

In the years leading up to the enactment of “no-fault” divorce, courts often granted divorces on bases that were easier to prove, the most common being “mental cruelty.”

In Florida, either spouse can file for the dissolution of marriage. You must prove that a marriage exists, one party has been a Florida resident for six months before filing the petition, and the marriage is irretrievably broken. Because of the advent of no-fault divorce, your announcements should be focusing on things other than the cause of the divorce.

“Alexa, write an announcement”

You don’t have to be famous to announce your divorce. Actress Gwyneth Paltrow invented the catchy phrase: “conscientious uncoupling” in her divorce announcement from singer Chris Martin. That announcement put a good spin on her divorce. But, there are some other good rules to follow.

Rule One

Wait until the decision to split is final. If you’ve announced your divorce and then reconcile, it could get awkward.

Rule Two

Announce publicly after you’ve told your children, family and close friends. Remember the point is to own the narrative, so get your message out ahead of gossip and speculation.

Rule Three

Strike a positive tone — remember that your children and family will be reading it — and present a united front.

Rule Four

Don’t lie. If you don’t love your ex, don’t say: “Although we still love each other we need to move on.” It’s enough to state that it just didn’t work out.

The Wall Street Journal is available here.

 

New Year Divorce

You are not alone. Divorce filings surge in January as people decide to start their New Year with a clean slate, helped by a stressful holiday period and, perhaps, even more stressful family members. What should you do if you’re considering a new year divorce?

new year divorce

New Year Resolutions

I’ve written about divorce issues and their causes before. As Market Place reports, being cooped up in a house during the holidays when a marriage is experiencing serious problems – while dealing with the pressure to put on a happy face for the kids and visiting relatives – takes its toll on the most stoic of couples.

People want to wait until after the holidays – especially if they have younger children at home. They think:

Let’s not ruin the holidays and their memories with a divorce. Let’s wait and talk about how we want to move things along in the new year.

And after seeing other families at their best on Facebook and Instagram – the idea of perfect looking families haunts many couples who wonder why their lives don’t look as happy.

That’s probably because people don’t post bad selfies with their families or write about how awful things are on social media. So, people’s perception of what other people are thinking about during high stress times like the holidays is misleading.

Another word of caution, due to the new tax code changes, the recipient of spousal support will not have to claim it as income and the payor will not be able to use alimony as a deduction any longer.

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?

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.

Have a Happy New Year

As Market Watch further reports, there is good reason for treating a divorce like a calm business deal. Don’t rush to file. Think about your end game. Many people file quickly out of anger perhaps after learning of a spouse’s misconduct. But it’s better to be strategic.

Divorces are up there with a major investment like buying a home. There’s one big difference with divorces though: They can be devastating for your finances, especially if your partner earned more money and the couple are forced to sell their home.

The Market Watch article is here.

 

Divorce Surprises

According to a recent survey, 46% of divorced women reported their divorce brought unexpected financial problems. What are some of the divorce surprises you can run into if you find yourself in family court?

Divorce Surpises

In the study, 1,785 adult women were surveyed across three stages: those with divorce “on the horizon,” those in the midst of divorce, and those who described themselves as “divorced and determined.”

Divorce Tricks

Slightly related, I recently wrote about dirty divorce tricks which were in the news. These tricks should serve as a warning, not as a “how-to course”, because they can seriously backfire. A couple of common tricks to watch out for include:

  • Refusing to pay household bills until a court forces you to in an attempt to “Starve Out the Other Spouse”.
  • Waiting until the latest possible day to pay support money, even if you’ve got the money to send. Never mind the children.
  • Asking the court for sole custody of the children when you only want to share custody.

These tricks are not the kind of divorce surprises reported in the survey though. The above tricks are the result of planning to harm the other side.

Divorce Surprises

The surprises from the survey are very different. The divorce surprises have nothing to do with fraud, or the other side failing to disclose assets. So what are they?

  • Not knowing the size of your debt, including the first mortgage, home equity line of credit, the credit card debt, 501(k) loans, and student loans.
  • Not anticipating you may have to return to the workforce
  • Assuming your child support and/or alimony would be higher or last longer
  • Assuming you could keep the marital home
  • The staggering cost of health care insurance
  • Underestimating the emotional and financial cost of getting a divorce

In general, the study found that many women find themselves in a financially vulnerable position post-divorce due to a lack of financial knowledge and planning. The study claims a solution is twofold:

  • Reinvent careers to become self-sufficient and
  • Invest to avoid outliving your money.

The Forbes article is here.

 

Adultery and a Stormy Divorce

Divorces can be stormy affairs. Add in a cheating spouse, and the skies can open up. The husband of adult film star, and recent political media sensation, Stormy Daniels, just filed for divorce in Texas. The reason may shock you: adultery!

Adultery Divorce

Storming Out

Stormy Daniels, whose real name is Stephanie Clifford, has become a media sensation of late, after she claimed she had sex with Donald Trump before he became president, something Trump has denied.

Glendon Crain filed the petition for divorce on July 18 in state district court in Kaufman County, located just southeast of Dallas.

In his 13-page divorce petition, Crain alleged adultery as grounds for the divorce and seeks sole custody of the couple’s daughter, child support from Clifford, a financial award, and disproportionate share of the couple’s property.

Cheating and Divorce

I’ve written about divorce and cheating before. Adultery can be the cause of a divorce, but can it impact the outcome? Since Florida became a no-fault state, the fact that, Stormy had a fling with Trump would not be a thunderbolt in court.

While anyone can file for divorce without proving grounds, there is still a statutory basis for infidelity to be an issue in your divorce proceedings, but not in the way most people think. Here’s a quick review of why adultery can potentially creep into your divorce:

Equitable Distribution

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.

Alimony

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.

Parenting Plans/Custody

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 extreme if a custody issue was decided on those grounds.

Weathering the Storm

Daniels’ lawyer Michael Avenatti said the “accuracy” of the divorce petition is “vehemently disputed.” Crain and Daniels married in 2015 and were living together until about two weeks ago, according to the petition.

After Daniels alleged she had sex with Trump in 2006, prosecutors have been examining a $130,000 payment that was made to Daniels as part of a confidentiality agreement days before the 2016 presidential election.

The NBC news article is here.

 

Smelly, Dirty Divorce Tricks

The billionaire co-founder of PIMCO allegedly left dead fish and other vile smelling liquids in the mansion he once shared with his ex-wife Sue Gross. The gross smelling liquids are a perfect example of smelly, dirty divorce tricks to watch out for.

Smelly Dirty Divorce Tricks

Failing the Smell Test

Court documents outline how the Los Angeles bond king — who later joined Janus Capital — left the home in Laguna Beach “in a state of utter chaos and disrepair” following the couple’s divorce. California’s tax assessor values the home at more than $11 million.

Photos published by the paper from the case show a lineup of foul smelling sprays, including “puke smell” and “fart prank,” that were allegedly used by Bill.

Sue also alleges the 74-year-old hired an “army of spies” to monitor and harass her and her family members, the paper reported. It also reported that a source close to Bill “denied the house was left in disarray.”

Smell a Rat

Last month, Sue testified that she fooled her ex-husband into thinking he was sleeping in the presence of a Picasso painting for several months after she swapped the priceless piece of art for a fake she had created herself.

Their court documents also include a restraining order, showing acrimony between Bill and Sue Gross, even as they’ve agreed to at least some of the financial aspects of their parting.

Days before the divorce was finalized, Bill Gross was granted a temporary restraining order that bars 67-year-old Sue Gross from approaching him or entering properties where he is living or working.

The order also calls for Sue Gross to stay away from her ex-husband’s girlfriend, Amy Schwartz. Bill Gross said in a court declaration filed in January:

“Sue’s escalating harassment of me and my employees has crossed the line into danger and my inability to feel safe in my own home”

A representative for Sue Gross responded by saying Bill Gross was the aggressor:

“The last year has been painful … since she became the target of Bill’s bullying and threatening behavior in the divorce proceedings. Sadly, as (was) heavily documented around his departure from Pimco, Bill has clearly suffered from paranoia and rage since well before … the separation.”

Florida Dirty Divorce Tricks

I’ve written about behavior and dirty divorce tricks before. They can seriously backfire. A couple of common tricks to watch out for:

  • Refuse to pay household bills until you are forced to do it by the court to “Starve Out the Other Spouse”. The goal is to get the other spouse in a financial position where he or she, out of desperation, will accept an unfair settlement.
  • Wait until the latest possible day to pay support money, even if you’ve got the money to send. Never mind that your spouse just might need the money to pay bills or buy things for the children.
  • Petition the court for sole custody of your children when you will actually agree to a shared custody and equal timesharing. The real purpose for the request is to strike fear into the heart of your spouse and use it to coerce financial concessions.
  • Refuse to speak with your spouse about anything, including the children. This helps to create conflict, court hearings, and increase legal fees to wear the other side down.
  • File a fraudulent domestic violence petition to have your spouse excluded from the family home.

Yes, sadly these are cases of what people have actually done during the pressures of a divorce, and all of these instances are documented. Consider the stress family cases have on everyone and show some respect to others.

Come Out Smelling Like a Rose?

The fighting has prompted Sue Gross to step down from the board of the William and Sue Gross Family Foundation to form her own as-yet-unnamed charity.

It is unclear how her absence will affect the family organization, of which Bill Gross once described her as “the boss.”

The foundation, with reported assets of $355 million, has helped finance causes as diverse as UC Irvine’s nursing program and Doctors Without Borders.

The Orange County Register article is here.

 

Hiding Money in Divorce

“Martin” actress,Tisha Campbell-Martin, is accusing her estranged husband of hiding money during their divorce proceedings. Hiding money, especially when you are going through a divorce raises all kinds of concerns . . . for both parties. What are some of the consequences?

hiding assets in divorce

Campbell-Martin filed legal documents in court – which were obtained by TMZ – claiming her husband Duane Martin was hiding and misappropriating money while they were married.

It’s unclear how much money she thinks he was hiding from her or what specific remedies she is seeking.

Hiding Assets in Divorce

In Florida divorce, judgments and marital settlement agreements can be set aside on various grounds, including fraud. Divorce fraud has become very common, and I’ve written on the subject before.

One of the areas ripe with fraud is hiding money in a divorce. In certain cases, Florida allows you to challenge and vacate or modify a marital settlement agreement if the agreement was based on things like fraud, deceit, duress, coercion, misrepresentation, overreaching.

Additionally, Florida courts have allowed challenges to agreements where the marital settlement agreement makes unfair or unreasonable provision for the challenging party given the circumstances of the case.

Judgments may also be overturned because of fraud and fraud on the court. The thinking is that cheaters should not be allowed to prosper, and it has long been central to our legal system.

Florida rules of court expressly allow you to get some relief from a judgment if it was the product of fraud, misrepresentation, or other misconduct of an adverse party.

Courts have available to them all kinds of sanctions, in a wide variety of shapes, attempting to encompass the virtually limitless ways people in divorce manage to misbehave.

Truth or Consequences?

According to the article, actress Tisha Campbell-Martin is asking a judge to take legal action against her husband for hiding money during the divorce. She originally filed for divorce in February, after 20 years of marriage.

The couple separated in December of 2016. She is seeking alimony from her husband, and allegedly wants to block the court’s ability to award him spousal support. What are some of the remedies the judge in Campbell-Martin’s case can consider?

If you lie during the divorce process, during your deposition for example, in order to hide assets, you may have committed perjury – which is a crime. Also, if your lies are discovered by your spouse, your spouse’s attorney, or a judge, you may face severe sanctions.

Similarly, if you don’t properly report your assets on your financial affidavit or fail to disclose financial information to your spouse during a divorce, a court can order you to do so. If you defy the court when it, for example, orders you to share account balances and the location of money, you can be held in contempt of court.

The TMZ article is here.

 

Do you Divorce or Annul?

In a divorce fraud case from England, Neil Rattue was married for 15 years before he was found to have forged his divorce decree, and illegally married another woman. Do his two ‘wives’ file for divorce, or, like rats leaving a sinking ship, annul their marriages?

divorce or annul

Smell a Rat

Rattue invented a sickness, claiming he had “terminal cancer” to keep his double life hidden from both ‘wives”. The court in the UK heard a victim statement from his first wife, read out by the prosecutor, who said she felt like her husband had ‘stolen her life’ from her.

Why did he not ask me years ago for a divorce or when he met his new wife? Instead he was leading a double life. I have spent the last 19 years living with my mum as he left me with no other option. I am paying for this both mentally and emotionally. He has stolen my life from me.

Though he stopped seeing his first wife in 2001, he dutifully continued to call her daily for 17 years to ask how she was and discuss their debts, which she was paying off.

A court previously heard his first wife had paid off £30,000 of debt, from credit cards and loans taken out with Rattue, but still had a staggering £37,500 to be paid.

 Florida Divorce and Annulment

What if this took place in Florida? I’ve written about divorce and annulment in Florida before. Florida does not have a statute authorizing annulments. The decision to divorce or annul a marriage will depend on certain facts.

Annulment has a history beginning in England, and if King Henry VIII had been able to secure an annulment from the Pope, England might have remained a Catholic country. Today, annulment may best be known for rescuing Britney Spears from an ill-advised alcohol-related Las Vegas “bender.”

Because Florida is one of the handful of states that has no annulment statute, annulments in Florida are purely a question of common law, decided pursuant to the inherent equitable powers of the circuit court.

The historical common law “impediments” to marriage traditionally fell into two general categories: lack of consent and lack of capacity. This is substantially still the case law in Florida.

Lack of consent would include, for example, people who are related within certain degrees, and minors without parental consent.

Lack of capacity, is exactly the situation the Rattue wives are in. Lack of capacity includes marriages involving fraud, mental illness, sham marriages, and shotgun weddings.

While none of the “marriage” statutes in Florida specifically address purported marriages between one person and another person who is already legally married to a third party, bigamy is, of course, a crime. Bigamy raises the question: do you divorce or annul the marriage?

Whether to divorce or annul will depend on the legality of the marriages. Given that Rattue was never legal divorced, he forged his divorce decree, his second marriage would not likely be recognized in Florida.

This is not only a surprise for the first wife but can be devastating for the second wife. But, it also means his second wife would have to file for an annulment. His first wife, who was legally married, could file for divorce.

Ratatouille

According to the report:

The matter was not heard by a family court judge hearing whether to divorce or annul the marriage(s), but in criminal court. Judge Richard Parkes QC said Rattue had been ‘cowardly’ and ‘deceitful’ in maintaining his marriage to his first wife, despite having started a new marriage and raising children without his first wife even knowing.

Salisbury Crown Court, Wiltshire, heard how Rattue had met his first wife in Wiltshire in 1980 and they were married three years later. Rattue, who often worked away, then met his second wife while traveling.

The pair, who married on October 3, 1998, lived together in York, North Yorkshire, having two children together. Prosecutor Phillip Warren said Rattue had taken a friend’s divorce certificate without him knowing, before using it to forge his own.

Eighteen months ago, he would still phone me at work every day where he would ask me how I was. He still made me pay off all the money. He said we have got to stay married for the purpose of the loan and I believed him. Little did I know, it was because he had already forged our divorce certificate. This has been a prison sentence since 2001 when he left and stole my life from me.

The Mirror article is here.