Archives for April 2013

Kim K’s Dreams Coming True: Divorce Finalized

A marriage lasting 72 days and divorce proceedings lasting 536 days pretty much sums up the relationship Kim Kardashian and Kris Humphries had together.  TMZ broke the news that the estranged couple had a judge dissolve their marriage last Friday, April 19, 2013.  Humphries asked for an annulment of his marriage with Kardashian because he felt that she defrauded him into marrying her in order to give her show, “Keeping Up With The Kardashians,” more publicity.  Unfortunately, Kim did not give in to the request for an annulment and left her divorce proceedings at a stalemate.  Eventually, Kris “felt sorry for her” and dropped his demand for an annulment.  His demand for $7 million from Kardashian was also not received.  What he did get out of his divorce is a big bill for his attorney fees, which he failed to get paid for by Kardashian like he wanted.  The judge even wanted to punish Humphries with a financial penalty for not showing up to his settlement hearing.  In the end, the status of their marriage is dissolved once both parties and the judge sign the official papers.

The main reason Kris Humphries decided to settle is due to the impending basketball playoffs.  In a statement released to RaderOnline.com, a spokesperson for Humphries said he was now focused on the Nets Eastern Conference playoff, which begins against the Chicago Bulls on Saturday night.  He continues to say that “if the Nets advanced in the playoffs, the trial would have taken place during the games and basketball comes first for Kris.”  Ultimately, Humphries decided to drop his request for an annulment, which would have broken his prenup with Kardashian and given him a big sum of money.  Another reason Kris may have dropped his annulment request is due to the fact that he does not have any real, concrete evidence that his wedding was a lie.  Unfortunately, both parties have endured a long divorce proceeding only to have settled on the terms of their prenup. Details about the settlement between Kim and Kris are being kept private. Nonetheless, congratulations to both Kris and Kim for being officially divorced!

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Osbourne’s Drug Problems May Lead To Divorce

The famed, rockstar couple, Ozzy and Sharon Osbourne, are on rocky grounds in regards to their marriage.  A 31-year marriage with 2 adult children proved that they have a strong foundation, but what is causing them to start living in separate locations?  While Ozzy is living in a rented mansion, Sharon is living miles away in the Beverly Hills Hotel.  They are denying that they are having a divorce but confessed that Ozzy had relapsed into “drinking and taking drugs,” according to TMZ. Ozzy_Osbourne_2

Since the beginning of their relationship, Sharon was there to help Ozzy rehabilitate from his substance abuse.  She shares with Vanity Fair in 2011 that” we’ve always been in it for the long haul.  I never wanted to be a divorced woman ever” and continues to bear with Ozzy’s “layers.”  According to Health Guidance,   any form of abuse can cause a divorce to occur.  Whether the abuse is emotional, sexual, or even drugs, alcohol, and excessive gambling, all types of abuse can damage the trust that the marriage was founded upon.  Marriage that consists of any type of abuse, not only affects the internal workings that make us human, but also the reliable bond that keeps the marriage alive.

Henry Gornbein, a Family Law specialist, believes that any marriage that consists of an addicted spouse allows the other spouse to enable the addiction.  The marriage is no longer in a balance and behaviors start to change.  Personality changes become a major reason for a marriage to fall apart because the addicted spouse is not the same person whom you fell in love.  Treatment and counseling are essential to moving forward to a life after abuse.  If abuse is continued within the marriage, it will create tragic consequences that will ultimately dismantle the relationship between you and your spouse.

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Game of Thrones Queen in Divorce Battle

“Game of Thrones” evil Queen actress, Lena Headey, is fighting for some money from her ex-husband, Peter Loughran.  Specifically, tax money refunded to the couple from 2011.  TMZ reports that Headey has “less than $5 in her bank account” and is looking for an extra $6,000 to pay for her living expenses.  There are new documents that she filed in response to Loughran’s request for half their tax refund.  She insists that she needs $6,000 of their tax refund for the sake of her and their 2 year old son.  Unfortunately, both Lourghran’s and Headey’s individual motions for the money were denied by the judge.Lena Headey

There is no simple way to go about taxes when you’re going through a divorce.  From the moment you file your taxes to the moment you get your refund, you and your spouse (or ex-spouse) are dealing with a numeric system that has no pity for your divorce.   Since California is a community property state, that means that anything that a couple receives during marriage is considered “community property,” and unfortunately, debts acquired during marriage is considered “community debt.”  According to the California Courts website, community property is divided evenly between each spouse.  In this event, tax refunds (also community property) are divided according to local law.  There are many combinations you and your spouse can file your tax.  If you and your spouse made joint estimated tax payments but filed for separate returns, you can claim all your payments or divide them between the both of you, whichever way you both see fit.

Rules for divorced taxpayers have not changed much, however, divorce has.  In a sense, the way in which couples split up community property and decide on joint custody is open for more discussion.  You are not just dealing with the guidelines of your divorce when it comes to splitting up money, but now you are dealing with the government laws.

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Porscha Williams & Kordell Stewart– Divorce Drama

Porsha Williams and Kordell Stewart are having a rough time settling their divorce.  Stewart, a Pittsburg Steelers alum, filed for divorce from his wife, Prosha Williams, a cast member of Real Housewives of Atlanta.  According to TMZ, Stewart claimed his marriage was “irretrievably broken” on March 22 at the Fulton County Superior Court in Georgia.  Although Stewart and Williams did not conceive a child together, Williams has been acting as a mother figure to a child that Stewart had with another woman previously.

In the settlement of their divorce, Stewart does not believe that he needs to pay for any spousal support.  He insists that “[She’s] an able-bodied person, earning income and is capable of support herself” but she counters his argument with the fact that she sacrificed a great deal for the sake of his son.  Williams’ attorney, Randall Kessler, noted in an official response to Stewart’s divorce papers that “Prosha’s marriage set her way back professionally because she quit her job for 2 years while they were married (and even sold her business) in order to care for Kordell’s kid from another woman.”  Credits go out to TMZ, whom reported the progress of the matter regarding Stewart vs. Williams.  There is a demand for both alimony and an exclusive use of their family home in Atlanta from Porsha Williams.  She noted that the divorce papers blindsided her and she is ready to take action.

There are different types of alimony that Williams is able to receive.  Depending on the situation of the spouses upon divorce along with the laws of the state, the judge can rule either a permanent alimony, temporary alimony, or rehabilitative alimony.  For starters, alimony is defined as “an order of a court for the support of one spouse by the other spouse” according to US Legal.  Alimony is awarded based on the guidelines of individual state laws.  Depending on which spouse earns more money during the marriage is an important deciding factor of who pays and who receives the alimony.  Alimony, also known as spousal support, is awarded to one spouse because it will continue to support the standard of living that the couple once had during their marriage.  Permanent alimony is awarded if a couple has been in a long term marriage, or if one spouse has a disability that inhibits him/her to perform in a work setting.  Unfortunately, permanent alimony will not end, whether or not the receiving spouse remarries or not.    Alimony will stop if there is a death of either spouse, the spouse receiving alimony gets married, or if the Court decides to terminate the order.

On the other hand, temporary alimony is only effective for a certain amount of time.  What decides temporary alimony depends on how the divorce affects the financial stability of one spouse.  If a spouse goes under financial hardship as a result of a divorce, that spouse will be awarded temporary alimony until he/she is able to financially recover.  Again, the period in which alimony is paid depends on the state laws in which the divorce was filed as well as the judge’s ruling of your case.  There is also another type of alimony called rehabilitative alimony, where a spouse needs financial support for job training, college expenses, etc.  It is an important step for a spouse to be able to return to the work force after his/her divorce.  It is most common with stay-at-home mothers who have not worked over a long period of time.  Therefore, the rehabilitative alimony enables the dependent spouse to become financial independent.

Alimony is a battle of the finances.  It is important to keep in mind individual state laws that will ultimately decide whether or not alimony is an option.  Also, judges also hold a presence in the decision to award alimony.  There are a few factors that one should be cautious about when asking for alimony; these include marriage duration, contribution a spouse makes as a homemaker, potentially earning ability of both spouses, and whether or not the custodial parent will earn less due to his/her duty to parent the children.

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Prenuptial Breakthrough?

A rare and popular case surfaced around the overturn of a prenuptial agreement between Long Island couple, Elizabeth Cioffi-Tetrakis and millionaire husband, Peter Tetrakis.  Due to the binding agreement of a prenup, it is unlikely to successfully void its legitimacy.  However, Cioffi-Tetrakis found herself fighting to cancel her prenup arguing its fraud pretenses.

The challenge to her prenuptial agreement led to the court’s rule in her favor.  Peter Tetrakis first presented a draft of the prenuptial agreement three months before his wedding.  When Cioffi-Tetrakis refused to sign it, he pressured his soon-to-be wife with promises that were never kept.  Promises, according to Yahoo! Shine, such as adding her name to the deed of their Old Brookville home, and destroying the prenup after their first child is born.  With little time to dispute and a lot of trust in her fiancé, Cioffi-Tetrakis signed the prenup that would eventually make her lose almost everything.  In order to throw out her prenup, she proved that it was “fraud by the inducement” and explained to the court of the “patterns of behavior” that would support her claims of her husband’s dishonesty.  Tetrakis’ failure to keep to his prenuptial agreement had the courts convinced that he had committed fraud.  According to Cioffi-Tetrakis’ attorney, fraud is defined where “someone lies to you, or tricks you into doing something on the basis of a lie, that you wouldn’t have otherwise done.”  In this event, Cioffi-Tetrakis did not have sufficient amount of time to edit her prenuptial agreement before marriage, and is therefore, free of this agreement.

Prenuptial agreements are getting increasingly popular as people earn more money.  In a 2011 survey by the American Academy of Matrimonial Lawyers, prenups had an overall 73% increase in a 5 year span.  However, there have been very limited instances where a prenuptial agreement is overturned.  A common reason for an invalid prenup described in a Reuters article, “Breaking Up is Hard to Do, Breaking Prenup is Harder,” is the hiding of assets by one party or if coercion was involved.  In cases like Cioffi-Tetrakis’, divorce lawyers mainly look out for the timing of the agreement in order to get out of the prenup.

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