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    Notice This blog is made available by the lawyer publisher for educational purposes only as well as to give information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. Jeffrey Lalloway, is licensed to practice law in the state of California.

May 06, 2008

The McGreeveys are talking settlement

James E. McGreevey and his estranged wife spent this morning in settlement talks, making a last minute attempt to resolve their bitter breakup on the day the divorce trial was to scheduled to begin, court officials said.

The settlement talks began at 9:30 a.m., broke for lunch at 1 p.m. and focused on the contentious issues fueling the very public feud between Dina Matos McGreevey and the former governor, said Sandra Thaler-Gerber, spokeswoman for the state Superior Court in Union County. The talks were scheduled to resume at 2 p.m.

"We are trying to see if there will be a settlement," Thaler-Gerber said.

The former governor was scheduled to testify today as part of the trial's custody phase, which is not open to the public.

But the settlement talks have superseded the start of the trial, Thaler-Gerber said.

"Everybody is hopeful. You want there to be a settlement," Thaler-Gerber said.

McGreevey is seeking to have 50-50 custody of Jacqueline, asking the judge to have the girl alternate weeks living with him in Plainfield and her mother in Springfield. Matos McGreevey has asked to continue the couple's current arrangement: She gets custody while he gets liberal visitation rights, including alternating weekends and some holidays.

In addition to the custody issue, Matos McGreevey wants alimony and support. McGreevey is paying $2,500 a month in support, but Matos McGreevey wants any permanent amount to be higher. McGreevey claims he has very little money, makes $50,000 a year, and is unlikely to make more because he is a seminary student aiming to be a priest.

Matos McGreevey is a fundraiser for Columbus Hospital Foundation and earns $82,000 a year.

Matos McGreevey also sued McGreevey for fraud for not revealing to her that he was gay before they married. Matos McGreevey wants $600,000 in damages for the year she did not live in the governor's mansion.

The McGreeveys married in October 2000. They publicly separated in November 2004 -- three months after McGreevey resigned as governor and announced to the world that he is gay and that he had an affair with a male aide.

McGreevey, 50, filed for divorce in February 2007 after a settlement agreement fell apart. Matos McGreevey, 41, lives in Springfield. McGreevey lives in Plainfield with his partner, Mark O'Donnell.

From the Newark Star Ledger.

April 10, 2008

Strahan divorce lawyer tells appeal court divorce ruling was "absurd"

Giants defensive end Michael Strahan has taken his messy divorce to a new venue.

He's asking a state appeals court to reduce the $14 million that a lower court ordered him to pay his ex-wife.

Michael Strahan's lawyer, Angelo Genova, argued that it was "absurd" for a court to award his ex-wife so much.

A prenuptial agreement called for her to receive half their joint assets and 20 percent of his earnings if they divorced. But Genova says Strahan should not be penalized because he did not set aside that amount.

The judges in Morristown questioned Jean Strahan's lawyers about whether her ex is paying too much.

Strahan was not in court Wednesday's appeal hearing, but his ex was.

More in Newsday.

March 28, 2008

Robin Williams wife files for divorce: agent

Robin Williams' wife has filed for divorce from the Oscar-winning actor after a 19-year marriage, a spokeswoman for the actor confirmed on Wednesday.

Marsha Garces Williams filed for divorce petition at a court in San Francisco on March 21 citing irreconcilable differences, reports said.

Williams' representative, Mara Buxbaum, confirmed the divorce in an email to AFP.

Garces, 51, and Williams, 56, married in 1989, shortly after the actor's divorce from his previous wife. The couple have two children, an 18-year-old daughter and a 16-year-old son.

Garces has worked as a producer on several of Williams films including "Jakob the Liar", "Patch Adams," and "Mrs. Doubtfire."

Williams won a best supporting actor Oscar for his role in the 1997 film "Good Will Hunting" and has been nominated for an Academy Award for three other movies: "Good Morning Vietnam," "The Fisher King," and "Dead Poets Society."

Source: AFP.

March 17, 2008

Divorce costs former Beatle McCartney $48.7 million

A British court ordered former Beatle Paul McCartney on Monday to pay his estranged wife Heather Mills 24.3 million pounds ($48.7 million) after an acrimonious divorce battle.

The settlement was only a fifth of the sum she had sought but she still ended up with the equivalent of about $34,000 for each day of her four-year marriage to the pop icon.

Speaking after the judge's ruling, Mills said: "I am so glad it is over. It is an incredible result in the end.

"We are very, very pleased," she added. "I am so, so happy with it." McCartney declined to comment.

McCartney, 65, married the former model and charity campaigner Mills, 40, in 2002 but they separated four years later, blaming media intrusion into their private lives. They have a daughter, Beatrice, aged four.

Following one of the most bitter divorce battles in show business history, the couple failed to reach an agreement after six days in court last month, leaving the judge to set the final figure.

Mills criticized McCartney's lawyer Fiona Shackleton, accusing her of handling the case badly.

She said Shackleton, who also represented heir-to-the-throne Prince Charles in his divorce from Princess Diana, "has called me many, many names before even meeting me, when I was in a wheelchair."

Mills, who sacked her lawyer and represented herself in court, urged would-be divorcees to do the same. "You can be a litigating person," she said. "You'd save yourself a fortune."

Justice Hugh Bennett, giving details of the settlement, said: "She sought an award of almost 125 million pounds. Sir Paul proposed the wife should exit the marriage with assets of 15.8 million pounds inclusive of any lump sum award.

"The judgment decided that the husband should pay the wife a lump sum of 16.5 million pounds, which together with her assets of 7.8 million pounds means that she exits her marriage with total assets of 24.3 million pounds."

DAUGHTER

The split was fought out under a remorseless media spotlight with McCartney, a founder of the world's most famous pop group, pitted against the outspoken Mills, target of lurid tales in the press about her colorful past.

The court ruled that the judgment be made public, but stayed publication pending Mills' appeal against it being made public.

Mills, speaking to a phalanx of reporters on the steps of London's High Court, said she was appealing "because the judgment involves private secure matters of my daughter."

Referring to what their daughter would receive, Mills said: "Beatrice only gets 35,000 pounds a year. So obviously she's meant to travel B Class while her father travels A class, but obviously I will pay for that."

Asked if she now planned to move abroad, Mills said: "I can't leave England. I always wanted to keep my daughter near her father. Believe me if I tried to go, he would have an injunction on me in a second."

Source: Reuters.

January 28, 2008

Shaq's Expenses Revealed In Divorce Court...$26,560 a month in babysitters??

Shaquille O'Neal, 35, and wife Shaunie are in the middle of divorce proceedings which they filed in September after five years of marriage.

His monthly expenses are $1.3-million a month, according to court records obtained by CBS4 news partners The Miami Herald

Consider Miami Heat center's monthly expenditures:

• $156,116 on mortgages.

• $110,505 on vacations.

• $60,417 on gifts.

• $26,560 on baby-sitters.

• $24,300 on gasoline.

• $22,190 on maids.

• $17,220 on clothes.

• $12,775 on food.

And the tax man gets about $500,000 a month in income taxes.

The couple has four children, and each partner has one child from previous relationships.

At $20 million a year, O'Neal is the second-highest paid NBA player, behind only the Boston Celtics' Kevin Garnett.

From CBS4.

January 08, 2008

Bobby Brown Tries To Overturn Whitney Houston Divorce, Is Denied

Yesterday, singer Bobby Brown's attempt to overturn his divorce with Whitney Houston in Orange County Court was denied.  A judge in California turned down Brown's request to change the terms ex-wife pop   diva Whitney Houston set forth in their divorce case.  Why? Brown didn't show up.

"His motion was denied because there were no appearances or phone calls from Mr. Brown today for a scheduled hearing," a spokeswoman for the Orange County Court said.  "As of now, there are no more pending court dates in this case."

In April, Houston was awarded sole custody of their daughter, 14-year-old Bobbi Kristina, after a default judgment left Brown with visitation rights and no financial awards.  Bobby sued Whitney a month later over the terms, but failed to show up for subsequent court dates.

Source: Connie Talk.   

December 10, 2007

Billionaire Marriages: Why Get Hitched?

With Google CEO Larry Page's wedding planned for Dec. 8, BusinessWeek takes a look at what billionaires risk when they tie the knot

Google co-founder and Chief Executive Larry  Page's wedding this weekend is supposed to be a secret affair. But his own search engine is undermining the effort. A recent Google search for "Larry Page marriage" revealed a number of details about the event. Page will definitely be married on Dec. 8 to a woman named Lucy Southworth at an "undisclosed location." According to one blog post, Page might be married on Necker Island, Richard Branson's 74-acre estate in the British Virgin Islands.

In this Web-friendly age, billionaires, politicians, and others who live in the public eye have a hard time keeping information about their lives private. Because the public is so interested in the marriages of the rich and famous, every detail of a billionaire's personal life—from courtship to wedding to, if they're unlucky, divorce—ends up shooting through millions of fused networks and popping up on millions of strangers' computer screens. It's true if you're Bill Gates of Microsoft, Warren Buffett of Berkshire Hathaway, or Oprah Winfrey of Harpo Entertainment. Page is no exception.

Yes, the rich really are different from you and me. For most people, a wedding is a simple, joyous occasion. Family and friends gather to celebrate the ceremonial joining of you and your true love. For billionaires it's more complicated, with stresses and strains that others don't bear. They don't just have to choose a florist and a band; they usually need a good lawyer, too.

Marriage Means Business

Attorneys familiar with billionaire marriages urge their clients to proceed with care and caution. "A billionaire has to treat an upcoming marriage as a merger. But it's a merger with a potential enemy," says New York divorce lawyer Raoul Felder.

Prenuptial agreements are important, but they're no guarantee of a satisfactory split if things go south. Consider the divorce of Steven Spielberg, now at DreamWorks Animation, and his first wife Amy Irving. She claimed their prenup was invalid because it had been written on a napkin and she hadn't had legal representation. A judge tossed it out; Irving got $100 million.

The prenup of Bob Johnson, the founder of Black Entertainment Television, held up, but it still cost him plenty. He agreed to a deal with his wife, Sheila Johnson, in which she would receive half of their assets if they split up. By the time they did get divorced in 2002, his media empire was worth billions—and she got her half. "Very rich people have trouble sometimes knowing exactly what they're worth," says Felder. "Worth is often ephemeral."

Valuations are tricky, too. Donald Schiller, of Chicago's Schiller, Du Canto & Fleck, the nation's largest matrimonial law firm, says valuing a billionaire's worth is particularly complicated when real estate and other privately held property is involved. "You can't evaluate them the same way you can evaluate assets traded on the New York Stock Exchange," he says.

Dishing Dirt

Another issue that comes with prenups is privacy. Agreements can include confidentiality clauses to prevent one of the parties involved from giving out information about a marriage in case of divorce. That can mean barring anything from TV interviews about the ex to writing a book. "Prenuptials often waive a spouse's rights to develop intellectual property from details of the marriage," says Schiller.

He continued, "If it's a well-done premarital agreement and well-documented, the person trying to get out of it could end up with a lot less [if he or she goes public]," Schiller says. "You have to make it…very expensive…for somebody to give a lot of personal information out to the public."

Friendly Divorces Are Rare

It's possible to have an amicable divorce, even if you're a billionaire. When Tim Blixseth, the billionaire founder of the Yellowstone Club, split from his wife, Edra, in 2006, they divided up $2 billion in combined net worth in a single afternoon.

But that is the exception. You're more likely to see a high-profile mudfest like the one Roman Abramovitch, the Russian oil magnate, got into in March, 2007. His wife, Irina, learned that Roman was dating a 23-year-old Russian model, Daria Zhukova. Irina hired two prominent British lawyers, filed for divorce, and ended up with half of her husband's assets.

Given all of the billionaire marriages that have ended badly, Larry Page may well have a prenup ready before he takes his vows on Dec. 8. Money doesn't buy happiness, even if you're capable of spending billions.

Still, Page could give up half his wealth and still be plenty rich. With Google's stock trading near $700, his stake in the search engine is worth nearly $20 billion.

From Businessweek.

November 12, 2007

Heather Mills Is Dumped by Divorce Lawyers

Heather Mills has been dumped by the lawyers representing her in her high-profile divorce to Sir Paul McCartney. 

The former model, 39, was told by lawyers at Mishcon de Reya they could no longer represent her in her battle with the former Beatle following a string of print and television interviews mentioning the divorce.

A spokesman for law firm says, "We are not representing her any more."

According to reports, the firm acted because Mills defied a gag on talking about the couple's daughter Beatrice, 4. 

A source tells Britain's The Sun, "She was warned against going on TV and talking about Paul, their marriage and anything about her daughter. But she just refused to listen."

Via SFGate.

November 03, 2007

FEDERLINE HEARD ABOUT DIVORCE ON RADIO

KEVIN FEDERLINE was unaware his ex-wife Britney Spears had filed for divorce until he heard the news on the radio.

According to the dancer's new girlfriend Nicole Narain, Spears failed to tell Federline when she filed for divorce from Federline citing irreconcilable differences last year (06). Narain tells Britain's Closer magazine, "Kevin didn't even know she'd filed the divorce papers until he heard it on the radio."

From Pr-Inside.

October 04, 2007

Quote by me in Time Magazine about Britney Spears Custody Case

Should Britney Lose Custody?

The February 2006 photo of Britney Spears steering her SUV out of a Starbucks parking lot in Malibu, Calif., with her infant son, Sean Preston, slumped on her lap was the first sign for many of us that the young mom might not be ready for parenthood. By the time a Los Angeles judge temporarily stripped the pop singer of custody of Sean, now 2, and Jayden James, 1, on Monday, Spears had provided dozens more images that suggest she is unable to care for two young children. From her impromptu head-shaving to her trips to rehab to her recent listless shuffle around the MTV Video Music Awards stage, Spears, 26, seems incapable of taking care of herself. Today she and her ex-husband, Kevin Federline, will face a judge to determine the next step in this increasingly ugly custody battle.

The judge, L.A. Superior Court Commissioner Scott Gordon, didn't make public his reasons for separating Spears from her sons Monday, but family law experts say such a dramatic move is rare. "A change of custody is very difficult," says Muriel Savikas, a divorce mediator and child psychologist in Manhattan Beach, Calif. "The courts don't normally do that without some real concerns about safety."

The judge had ordered Spears to submit to twice-weekly drug and alcohol testing, undergo co-counseling with Federline and receive parent coaching. Spears' lawyer, Sorrell Trope, told People magazine the judge revoked custody after Spears failed to take a random drug test and provide a valid California driver's license. "That might do it, but probably not," says Orange County divorce attorney Jeffrey Lalloway. "California policy is to have frequent and continuing contact with both parents." (Trope was unavailable for comment). The ruling came after Spears' former bodyguard told the court and the Today show that he had seen her doing drugs, and it also followed Spears being charged with a hit-and-run and driving without a valid license for allegedly crashing into a parked car in August.

Celebrities enjoy — and sometimes suffer — their own unique version of justice. The press and public intensely scrutinize their cases and the best attorneys money can buy litigate them. Judges, meanwhile, may see an opportunity to make an example of a celebrity in trouble, as L.A. Superior Court Judge Michael T. Sauer apparently did in ensuring that Paris Hilton serve an atypical 23-day jail sentence for driving with a suspended a license. So is Spears and Federline's judge looking to make a statement about neglectful parenting? Odds are he's just being exceedingly cautious, says Joanna Grossman, a law professor at Hofstra University.

The worst-case scenario for this judge is that Federline says his children are being harmed while in Spears' custody, the judge ignores the allegations and something happens to the kids, Grossman says. "Then everyone's going look to the judge and say why didn't you do something? We all knew she was on this downward spiral. We saw the pictures, we saw her performance on the VMAs, we all knew she was a terrible mother."

Spears is certainly not the first celebrity to be captured in a subpar performance as a parent. Alec Baldwin recently called his 11-year-old daughter a "thoughtless little pig" in a voice mail; David Hasselhoff's 17-year-old daughter videotaped him lounging drunk on the floor of his Las Vegas hotel room, rambling and trying to eat a hamburger; and Michael Jackson dangled his child out a window to show off to fans. Baldwin's custody case is still pending, but the other two men have retained custody of their children.

Spears, ultimately, may do the same. The fact that the judge took away custody as of 12 noon today, and scheduled a hearing for 1:30pm the same day suggests he isn't trying to separate this family permanently. "This is just a wake-up call for Britney," says Grossman, "to send a message to her that this is real, that you could really lose your kids because of the way you're behaving." Whether the wake-up call will be effective isn't certain. Spears' first stop after turning over her sons two days early on Monday was to a Bel-Air tanning salon.

Thanks to Rebecca Winters Keegan. Read it all at Time.