Los Angeles Divorce Lawyer Blog

Sean Penn told reporters recently that ex-wife Robin Wright took half of everything he had as a result of the end of their 14-year marriage, the New York Daily News reported.

Our Los Angeles divorce lawyers frequently report on the equal division of marital property as the result of a no-fault divorce in California. Another significant factor is whether the marriage was short-term, defined as less than 10 years, or long-term. Communal property findings can be more common in long-term marriages. The length of the marriage can also determine amount and length of spousal support.

Spousal support in a short-term marriage, when granted, is generally for half the length of the marriage. In a long-term marriage, no termination date for spousal support is set and such payments can be opened ended. This is one of the reasons you see celebrity couples -- like Tom Cruise and Nichole Kidman -- divorce near the 10-year mark.

Property division in a Los Angeles divorce can be complicated by identifying what is a marital asset. For instance, perhaps a spouse bought a house just prior to marriage but the majority of mortgage payments were made by both parties. Or perhaps that house is significantly underwater as a result of the real estate meltdown and is not an asset at all but a liability that needs hung around someone's neck.

Retirement accounts, child support and health insurance are also frequently at issue as a result of a California divorce. The state's no-fault divorce law does not mean an equal split is imminent. But it could mean your biggest fault is failure to consult with an experienced attorney as early as possible in the divorce process.

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The Los Angeles divorce of Mayor Antonio Villaraigosa is final after nearly 20 years of marriage, the Daily News reported.

Corina Villaraigosa filed for divorce in June 2007, citing irreconcilable differences. The mayor has since been linked to a number of local women. It is the second time she had filed for divorce. She filed for divorce in 1994 after her husband left town for several days with the wife of a friend following his election to the assembly. At the time, she had been battling cancer and he had been campaigning as a family man.

They reconciled about 2 1/2 years later. They had been married since November 1987.

While the mayor's love life has been the subject of media reports and speculation, their divorce case illustrates that it is possible to divorce, even in Los Angeles, even as a high-profile couple, without having your business aired to the world.

As a matter of law, each party was entitled to an equal division of marital assets. In some shorter-term marriages, it is often possible to identify bank balances, stocks, homes or other assets brought to a marriage, which can exclude them from being classified as marital assets subject to equal division. But, after 20 years, most assets, with the possible exception of trusts or an inheritance, would likely be subject to equal division under the law. Additionally, as a long-term marriage, the mayor may have been required to pay spousal support to Corina for an indefinite period of time.

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