Los Angeles Divorce Lawyer Blog

The National Ledger reports actress Jamie Pressley could be on her way to ending her short-term marriage in California even as authorities seek $637,000 in state and federal taxes.

A Los Angeles divorce attorney should always be called to handle a divorce, regardless of its length or whether or not a couple had children. A short-term marriage is generally defined as one lasting less than 10 years. In this case, the marriage only lasted 18 months and it should not be difficult for the parties to reach a settlement on property division.

But, as this case illustrates, debt is also a form of marital property that can return to haunt either party in a divorce. Particularly when the Internal Revenue Service is involved. Determining who is responsible, and ensuring that the debt is paid, can be critical to your financial well-being.

In this case, Pressley is married to an attorney, which highlights the need for both parties in a Los Angeles divorce to have qualified legal representation. Relying upon the expertise of a spouse, or his or her attorney, can be a reputation for disaster.

E! News reports the IRS filed a tax lien against the 33-year-old actress in December. Such liens can also make it difficult to divide up marital property, such as real estate. The government also filed a lien for $281,699 in September and California filed a lien for $95,080 in June.

Pressley was also arrested and charged with drunk driving in Los Angeles earlier this month. She has been released on a $15,000 bond and is due back in court in February.

Divorce is a stressful time in most client's lives. Significant legal problems can add to that stress. Such problems may also jeopardize savings or other assets that are being held in joint accounts pending the outcome of a divorce in California.

Continue reading "Pressley's legal and tax problems highlight common challenges in Los Angeles divorce cases" »

The Huffington Post reports that Eddie Murphy's ex-wife has blown through her $15 million divorce settlement in four years and is now broke and racking up thousands of dollars in debts.

If true, this case illustrates the importance of making sure your Los Angeles divorce lawyer cuts all financial ties between you and your soon-to-be-ex spouse. While an extreme example, the allegations in this case illustrate that no amount of money will guarantee a buffer between you and your ex's finances if you remain on home loans, car loans, credit cards, joint bank accounts or other common financial instruments. Too often, couples think that because they can come to an agreement on property division -- or because there is little to divide -- there is no need for legal help. Property division in a Los Angeles divorce can be as much about playing defense and removing yourself from future obligation, as it is about winning assets.

The Examiner reports Nicole Mitchell Murphy received the $15 million settlement as a result of the end of the couple's 12-year marriage in 2006. She reportedly opted to receive the money in one lump sum rather than receiving monthly installments.

She now reportedly owes the IRS $846,000. And a law firm $600,000. As well as $60,000 in landscaping bills and $5 million on her Los Angeles home.

The couple have five children together.

Continue reading "Eddie Murphy's ex reportedly spent $14 million divorce settlement in four years" »

People magazine is reporting that Musician Ben Harper filed for divorce in Los Angeles from actress Laura Dern.

California's no-fault divorce law calls for an equal division of marital property. Thus, many divorces are won or lost in determining what is equal and what constitutes marital property. Of particular concern in cases like this is future income or royalties from music or work performed by either party. As we discussed recently on our Los Angeles Divorce Lawyer Blog, the ex-wife of "Law and Order" creator Dick Wolf is suing for ongoing income from the television series. And Actor Michael Dogulas' ex-wife recently sued for income in connection with the "Wall Street" sequel, to which she claims she is entitled to by her divorce agreement.

For most marriages, bonus income, retirement income, inheritance and the valuation of a business and/or its future earning potential can complicate determining a fair divorce settlement.

People said Harper filed for divorce from Dern after five years of marriage, citing irreconcilable differences. Virtually all marriages in California are filed on such grounds. The law also recognizes an insanity grounds, but the practical nature of claiming irreconcilable differences makes if the default choice under California law.

The couple are seeking joint child custody of their two children. Child custody is often the most contentious issue involving divorce. Even when a couple agrees to joint custody, hashing out the details can be contentious. Additionally, it is important to include contingencies that often do not occur to either party. Who pays for medical bills? Who pays for college? What if a child desires to live primarily with one parent?

The couple married in 2005 in Los Angeles and has a 9-year-old son and a 5-year-old daughter. Despite the relatively short length of their marriage, this case illustrates a few of the complex issues that makes consulting an experienced attorney the best course of action.

Continue reading "Musician Ben Harper and Actress Laura Dern file for divorce in Los Angeles " »

Tigers Woods has reportedly agreed to pay Elin Nordengren $750 million in a divorce settlement, the San Jose Mercury News reported. For those of you keeping score at home, that is $11 million for each month of their 5 1/2 year marriage.

Or about $350,000 a day.

In exchange, his soon-to-be ex-wife has reportedly agreed never to speak ill of him publicly and would not be allowed to write any tell-all books about their marriage. The media reports that she is expected to sign the agreement, which could be worth as much as $833 million, next week. The couple is expected to share custody of the children, while Nordengren will retain physical custody.

The settlement would be one of the largest in history.

A Los Angeles divorce lawyer can assist in protecting the rights and assets of one party in a California divorce. California law provides that marital assets be divided equally. However, what constitutes a marital asset is often the subject of rigorous debate. For example, if one spouse owned a home before a marriage, but maintenance, mortgage payments and upkeep were shared during a marriage, is it a marital asset? Determining the value of an asset can also have a drastic impact on a divorce agreement.

As far as spousal support in California is concerned, a short-term marriage like the Woods' (under 10-years by California law) would permit a spouse to collect support for up to half the length of the marriage. For marriages longer than 10 years, spousal support may be ordered indefinitely. This dividing line at the decade mark under California divorce law is one reason you see celebrity couples divorce prior to 10-years of marriage, as was the case with Tom Cruise and Nicole Kidman.

However, child support can last until a child is an adult, and may even include requirements to pay for college costs and other associated costs of education after the age of 18.

No word on whether the Wood's agreement includes additional child support compensation.

Continue reading "Tiger Woods reportedly agrees to $750 million divorce settlement" »