Articles Posted in Divorce

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A San Jose Family Law Attorney defines common law mariage
A common law marriage os one that is created via cohabitation for a certain period of time (as oppsed to a marriage created by a ceremony). The period of time for a common law marriage is significant, and cohabitation alone does not define a common law marriage. The common law marriage couple also represents themselves as joined and living together as if they were married.

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A San Jose family law attorney comments on the term annulment…

An annulment is a legal proceeding that renders a marriage as “null and void” and differs from divorce in that by its very definition, the annulment essentially means the marriage never existed.

Famous annulments include those of Britney Spears (extracting herself from the Vegas marriage to her high school “sweetheart”), Janet Jackson (claiming family pressure) and Rennee Zellweger’s marriage to country crooner and notable groopie spooner, Kenny Chesney (she sited “fraud”).

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A San Jose family law attorney comments on celebrity splits

Time again for another edition of The Famous Five: celebrity divorces, custoday battles and all around “really…???” moments of the rich and (in)famous….

Gloria Vanderbilt the 11-year-old daughter of Reginald Vanderbilt was eventually awarded to her paternal aunt over her mother in the media-soaked custody battle after the death of her father. At the time her fortune was $4 million.

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A San Jose family law attorney comments on Sandra Bullock and Jesse James’ divorce.

According to an article in Us Magazine, uber celebrity Sandra Bullock has reportedly finalized the deets of her split from Jesse James.

The 45-year-old actress filed for divorce on April 23rd of this year in Travis County Court in Austin, TX where she lives. It has been rumoured that James has plans to make that his primary residence as well. No word as to whether that will curb the cheatin ways that got him into this mess, as sited in the divorce by Bullock (per the Us Magazine article) as causing the marriage to be “insupportable.”

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San Jose Bankruptcy Attorney  comments on the divorce, debt, and possible bankruptcy of Jon Gosselin

Jon Gosselin, former star of “Jon & Kate Plus 8” has had a very memorable year.  First, the couple was allegedly facing severe financial difficulties with an unsold home and mounting debts.  Despite the more than $2 million the couple has earned from TLC from their TV show, they were under financial stress from their mounting debts.

Then, when their impending divorce became public, Kate kept the TV show and Jon has been largely shut out of the television market. Between the divorce, the $13,000 per month in child support that he owes Kate, and the $90,000 he owes his family law attorneys, Jon is looking at the possibility of a Chapter 13 bankruptcy filing to clean up his balance sheet.

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San Jose Bankruptcy Attorney  comments on the bankruptcy and alleged divorce plans of Josh and Susan Powell.

Susan Powell, a Utah mother who has been missing since December 7, reportedly had made financial plans in the event her marriage to Josh Powell ended in divorce, or he attempted to kidnap her two sons and empty her bank accounts.  She even went as far as opening up a separate bank account and shared the information with her friends in the event that something happened to her.

Josh Powell filed for bankruptcy protection citing more than $200,000 in credit card, student loan, furniture and other debts.  The couple had entered into marriage counseling where they had set definite milestone goals for Josh to meet or Susan would leave him and file for child custody of their sons. The milestone goals had an end-of-the year deadline for Josh to meet or the divorce proceedings would commence.

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San Jose Bankruptcy Attorney  comments the alleged prenuptial agreement between Tiger Woods and his wife Elin that will cost the golfer $300 million if they divorce.

Tiger Woods’ peccadilloes are well documented.  Rumors of impending divorce and his wife Elin contacting family law attorneys have set the stage for a 2010 celebrity divorce which will be part of a media feeding frenzy. Reputable estimates of the size of the prenuptial agreement that Woods and his wife signed will give her $300 million, making it easily the largest celebrity divorce case on record.  The previous record was held by Michael Jordan’s divorce which gave his wife Juanita $150 million.

While the $300 million will not put Woods in danger of bankruptcy, it will be a significant dent into his estimated net worth of nearly $1 billion.  Woods earned nearly $100 million per year, mostly from endorsement contracts.  Given his indefinite break from the PGA Tour, and subsequent loss of endorsement contracts, his future earnings may be curtailed if he is unable to reconcile with his wife and children.

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San Jose Bankruptcy Attorney  comments on a recent study that shows that middle-class divorced women and single mothers are most vulnerable to bankruptcy.

A recent study by Harvard Professor Elizabeth Warren demonstrates that educated, middle-class women are most vulnerable to bankruptcy.  According to the study:

“Bankruptcy exposes the economic vulnerability and insecurity of middle class women. The women in bankruptcy, like the men who file for bankruptcy, are a fairly representative cross-section of the American middle class. Their education levels are slightly higher than the population generally, with women in bankruptcy more likely to have attended college than their counterparts. Most are employed when they file.

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San Jose Bankruptcy Attorney   comments on the continuing divorce and bankruptcy travails of Denny Hecker.

The collapse of Denny Hecker’s automotive empire and marriage have been well-documented in the bankruptcy and divorce proceedings that have been underway for months.  Hecker has been accused of withholding information from the bankruptcy court and pledging personal financial assets as collateral to the business  in spite of an October, 2008 agreement that staved off a divorce filing by his wife Tamitha.

Hecker has not been as forthcoming with information for the creditors and bankruptcy court, and there are allegations that Hecker has submitted forged documents to the court.  It is now possible that Hecker could be headed to the nightmare scenario where the bankruptcy trustee recommends that his debts not be discharged but also leaves the court in possession of his assets.  This type of recommendation is rare and usually follows a pattern of not disclosing assets or bankruptcy fraud. If the bankruptcy trustee does issue that recommendation, Hecker will still be saddled with $700 million in debt, and will not have control of his assets.

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San Jose Bankruptcy Attorney   comments on the unfolding bankruptcy and divorce drama surrounding the person who is rumored to have inspired “The Case Runner.”

Willie Garcia, the person many in South Texas believe to be the inspiration for the novel “The Case Runner”  is embroiled in a legal saga of his own that is nearly as compelling as “The Case Runner.”  Garcia is a case runner, a South Texas term for an attorney who solicits clients for personal injury attorneys.  Garcia’s wife has filed for divorce, and is asking for $10,000 per month in child support, as well as making division of property claims on his reported wealth of $33 million.

Garcia has been at the center of some of the most famous personal injury claims in South Texas history.  He was the state’s star witness in the controversy surrounding the Alton bus case, where 21 children died when their bus drove into a water-filled caliche pit.  The state charged three attorneys with barratry – bringing legal actions solely to harass – and Garcia provided testimony that secured felony convictions for the attorneys.