TMZ cited unnamed sources as saying the breakup is "extremely acrimonious" and teased the story with the statement "it's gonna get ugly," but the relatively bland boilerplate language on court documents doesn't reveal much (PDF).
]]> Perhaps a divorce attorney in Chicago could read between the lines in the documents, but the fill-in-the-blanks divorce complaint does not seem to provide any salacious details. The dissolution of marriage petition cites "irreconcilable differences" and names the couple's two boys, 8-year-old London and 6-year-old Cash.Slash is seeking joint legal and physical custody of the children.
Slash didn't have a prenuptial agreement and is willing to pay spousal support, according to TMZ, so it doesn't seem too acrimonious at a glance. The hard rock guitarist, famous for his trademark top hat and long curly hair, is claiming "miscellaneous jewelry and other personal effects" as separate property.
This is Slash's second divorce, according to CBS News. He previously was married to actress Suran until they divorced after five years in 1997.
TMZ refers to Slash's lawyer, Laura Wasser, as the "disso queen" for her rock star status among celebrities in divorce and other family law-related cases. Her other Hollywood clients include Gordon Getty, Angelina Jolie, Mel Gibson's ex-wife Robin Gibson and Spike Jonze, according to Divorce Saloon.
But you don't need a celebrity lawyer to get a fair shake in a divorce proceeding. Plenty of experienced Illinois family law attorneys are available.
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Accusations and insults have been flowing from both sides of the dispute for a while; but USA Today and other news sources reported that the McCourt divorce has only just now begun. And since both parties claim ownership of the storied baseball franchise, the couple's divorce may hold sway over its future.
The Dodgers organization is valued between $750 million and $1.5 billion, a fortune unheard of to most Chicago family law attorneys with respect to marital property.
]]> Legal fees alone are estimated to hit the $20 million mark by the time the trial records it's final out, prompting some observers to predict a quick sale of the team by its eventual sole owner. The prevailing party, they say, may not be capitalized enough to properly maintain the Dodgers as a business and may have to sell to owners with deeper pockets.James Fox Miller maintained his client's legal stake in the team while admitting it's difficult to predict what will happen at trial, which began on Monday:
"If justice prevails, Jamie McCourt will win. It should be equal partnership, and I think Frank is trying to deprive her of one-half of the partnership."
The trial is centered on the issue of whether Jamie McCourt has a legal claim to 50 percent of the team's assets, as she would with any other marital property. But Frank McCourt's attorneys have argued that a postnuptial agreement signed by both parties in 2004 granted him sole ownership.
Jamie McCourt's lawyers claim their marital agreement lists the Dodgers as jointly owned property, while Frank McCourt's lawyers argue that it was simply a clerical error.
You may want to consult with a divorce attorney in Chicago if you and a soon-to-be ex-spouse are disputing over property issues.
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Diandra is seeking half the earnings from the forthcoming film, which reprises the role of greedy antihero Gordon Gekko. She claims a clause in their divorce settlement entitles her to a portion of earnings from "spin-offs" of his films. But is the film is a "spin-off" or, as attorneys for Michael Douglas claim, merely a sequel?
This is a unique case rooted in entertainment law, but a divorce attorney in Chicago could better explain how an Illinois court would interpret such language.
]]> Diandra Douglas received an estimated $45 million and two high-end homes in the settlement, so her attempt to gain even more from the divorce is understandably frustrating to her ex-husband.But if the contract holds up, he may not have a leg to stand on.
A judge has not yet set a date for the ruling but the estranged couple's attorneys recently squared off in a court hearing. Marilyn B. Chinitz, representing Michael Douglas, said his ex-wife misread the contract and that a "Wall Street" sequel was not even planned while they were married:
"It's time for Ms. Douglas to move on and let Mr. Douglas move on and enjoy his life without having to concern himself with someone trying to claw back moneys that they're not entitled to."
Nancy Chemtob, representing Diandra Douglas, said she's not greedy but would like her ex-husband to honor their agreement:
"Mr. Douglas is seeking to shirk his financial responsibility that was entered into when he signed this contract."
"Wall Street: Money Never Sleeps" is scheduled to hit theaters on September 24.
Call an Illinois family law attorney if you need help putting together, or enforcing, a solid divorce agreement.
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I'm sure plenty of Chicago family law attorneys have their own opinions but one divorce attorney, Raoul Felder, said he believes Elin Nordegren made off like a bandit.
He said the high settlement (which he believes is too high) can be attributable to Tiger Woods' desperate situation at the time and lack of public support. The real settlement amount, which he believes was somewhere between $100 million and $500 million, is confidential:
]]>"He was desperate. July 4th, he signed a post-nuptial agreement. Then he went into rehab for two months and for an illness that half of America hopes they would have, I guess. And then he tried this ridiculous press conference that didn't work. And then the golf wasn't working. So this is the only thing left."
If Raoul Felder had represented Tiger Woods, he said he would have advised him to immediately hold "a real press conference" and nip it in the bud early.
"Early Show" co-anchor Erica Hill told CBS News that Elin Nordegren clearly had the upper hand from the start, which few would deny. After last year's car crash set off speculation of Tiger Woods' many mistresses, several women talked to tabloids about their alleged affairs with the at-the-time married golfer.
So why didn't the prenuptial agreement protect his fortune? Tiger Woods actually changed it after news of his infidelity hit a fever pitch in order to convince her to stay. But it backfired and she would eventually take advantage of its newly generous terms and Tiger Woods' lack of credibility and a seemingly endless parade of alleged mistresses.
Raoul Felder said the settlement upped the ante for celebrity divorces and jokingly referred to it as "the best thing for lawyers since the Magna Carta."
Most people will never see a hundred-million-dollar settlement, but having a skilled divorce attorney in Chicago represent you in a divorce proceeding certainly can help.
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According to King County prosecutors, Federal Way resident Carmen Lynn Johnsen told her then-boyfriend in December 2008 that she was pregnant and that he was the father. She took pregnancy tests one month later, showing she was not pregnant, but prosecutors said she kept that to herself.
It must be noted that DNA tests used to determine paternity are extremely accurate and in any event, it may be a good idea to consult with an Illinois family lawyer first before agreeing to child support payments.
]]> A Federal Way detective identified as "Scholl" claims Carmen Johnsen knew she was not pregnant but lied to the unidentified man:"Instead she told him that she had a history of high risk pregnancies and miscarriages and needed to be on bed rest with this pregnancy."
He believed her and paid out $700 a month, paying out a total of $3,500 in child support before the alleged fraud was discovered. She not only repeated her false pregnancy claim under oath on four different occasions but also named a fictitious child in the following death announcement:
"In Loving memory of Rebekah Lynn Johnsen. Becky was born asleep, 28 days premature, on July 23, 2009."
In addition, police said she approached a pastor about holding a funeral for her child, claiming she miscarried the child after a car crash and cremated the remains. Police said she gave the victim a photo of an urn as she tried to get him to pay more than $9,000 in hospital bills.
She admitted to taking money under the false pretext that she was pregnant and police said that a document purporting to show she was pregnant was a forgery.
She was charged with first-degree theft, perjury and forgery.
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A history of emotional or physical spousal abuse usually doesn't help the case of that individual in a divorce proceeding. Chicago family law attorneys could better explain how such allegations might play out in their divorce (if it indeed is in the works).
]]> Katherine Jackson said her estranged husband actually blamed her for Michael Jackson's sudden death last June, that she didn't spend enough time with him. Joe Jackson, meanwhile, has been blamed repeatedly for abusing their children, to which Katherine Jackson's spokesperson referred in the following statement to the press:"The world also knows who Joe Jackson is and he seems bent on never letting us forget... She's been humiliated by him for too long. She's absolutely livid. There's no going back."
Katherine Jackson has been reluctant to divorce Joe Jackson because her Jehovah's Witness religion forbids divorce.
She gained sole custody of Michael Jackson's three children after his death: 13-year-old Prince Michael, 12-year-old Paris and 8-year-old Blanket (yes, that's his real name). Joe Jackson was not included in the custody order, so their grandchildren wouldn't be an issue in a divorce.
Michael Jackson publicly stated that his father beat him as a child and left him out of his will:
"My father would rehearse with a belt in his hand, you couldn't mess up. I would never get spanked during rehearsals or practice - but afterwards was when I got in trouble."
The divorce is still a rumor and an LA Weekly article casts doubt on whether it's actually happening.
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The divorce and custody dispute of a New York couple married in 1804, for example, set the groundwork for U.S. child custody law, according to a St. Louis Post-Dispatch article. Quite a bit has changed in the 200 years since, but the story provides a glimpse into the origins of current custody law.
]]> The recently published book "The Great Divorce: A Nineteenth-Century Mother's Extraordinary Fight against Her Husband, the Shakers, and Her Times," by Ilyon Woo, paints a picture of custody laws almost unrecognizable to today's Chicago family law attorneys.Eunice Chapman, who would win New York State's first legal divorce in 1818 and also was able to gain custody of her kids from ex-husband James Chapman, is hailed as a feminist revolutionary. The couple had problems from the start, according to court documents and other primary sources.
They lost their home to foreclosure and then James Chapman joined an obscure religious cult known as the Shakers, taking their three kids with him. He hid the children from his wife, with the help of the Shaker church, but Eunice Chapman fought a three-year legal battle to regain custody.
Mothers (and women in general) had very few rights at the time, as discussed in the book, excerpted in the article:
"Even after her husband died, a woman had no guarantees; a man could appoint his lover, parents, or anyone else to be his children's guardians after his death."
National Public Radio's "All Things Considered," which interviewed the author, provides a longer excerpt from the book at its Web site. It's worth a read and helps one appreciate how far we've come as a society, especially with respect to mothers' rights.
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While 97 percent of the men and 94 percent of the women in a Marist poll said they believe they got hitched to the right person, only 66 percent said they believed that person was destined to be their soul mate. Still, that figure is quite a bit higher than the estimated 50 percent of Chicago couples, for example, that eventually will need the services of an Illinois family lawyer.
]]> Lee M. Miringoff, director of the Marist College Poll, stated the obvious in an interview with AP reporters:"There are clearly people who think things are going very well, but it may not turn out that way,"
About one-third of American marriages end in divorce by the 10th anniversary, according to data from the Centers for Disease Control cited in the article. But only about half of all marriages last "until death."
Regionally, 97 percent of Midwesterners said they married the right person, followed by 96 percent of Southerners and 90 percent of married couples in the Northeast. Interestingly, 100 percent of respondents aged 18 to 29 said they married the right person.
And while only 66 percent of respondents said they bought into the concept of a soul mate, there were some regional differences there as well. Adults 29 and younger, people in households earning $50,000 or less and Southerners were more likely to believe in soul mates than other demographic groups.
But marriages unfortunately outlive their initial bliss at least half the time. Research divorce attorneys in Chicago before settling on someone to represent your interests.
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The 35-year-old father owes $5,979.66 in court-ordered support for his children, according to police. He also has been arrested 14 times and has 80 unrelated criminal convictions, according to court records. So while his Illinois family law attorney may try to help give him some wiggle room, his chances at leniency by a family court judge don't look good.
]]> Sheriff's deputies attempted to take Ronald McIntyre into custody at an apartment building near his home earlier this week. After the officers entered, a woman told them she didn't know where he was but invited them inside. A young child, however, pointed to the window and the deputies checked it out.An unnamed spokesperson at the sheriff's office gave the following account:
"[The deputies] walked to that window, looked down and saw McIntyre lying on the ground below. Though it appeared he landed on grass, it was actually artificial turf covering concrete."
Ouch. The injured and pain-riddled suspect, however, tried to crawl away from the deputies while reportedly cursing them with expletives. They easily apprehended the man and handcuffed him to a gate. He was then hospitalized with broken legs.
Further exploration of his court records revealed that he has been convicted of assault 21 times, obstructing justice 39 times and invasion of privacy 20 times. It's not clear if any of these convictions were related to his children or their mother.
Talk with an Illinois family attorney if you have any questions regarding the payment or collection of child support.
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This just shows how hard it can be for domestic violence victims to face reality and leave their abusers. Violent spouses rarely if ever change; so you may want to consult with a divorce attorney in Chicago if you feel threatened by your partner.
Maurice Lyons is in jail on $8 million bond. He faces the death penalty; although his criminal defense attorney argues that his client has psychiatric problems.
]]> The Cleveland resident faces 10 criminal charges, according to the city's paper, The Plain Dealer: aggravated murder, kidnapping, aggravated robbery, child endangerment, tampering with evidence, domestic violence, disrupting a public service, intimidation of a crime victim, telecommunications harassment and misuse of credit cards.This particular incident (there were others) began when Maurice Lyons allegedly assaulted his 42-year-old wife at their home on July 13, preventing her from calling police. Tonya Hunter finally was able to get through to police and Maurice Lyons was charged with felony domestic violence, his second such offense.
Five days later, he allegedly assaulted her again and called repeatedly with more threats of violence in the days following the attack. He confronted her at their home on July 25 as she and her son were leaving. They argued, Maurice Lyons tried to rob her and then he allegedly stabbed her 17 times, killing her.
According to police, he stashed her body in the garage, took her credit cards and car, abandoned the child on the side of the road and drove to his mother's house to get rid of his bloody clothes. He was arrested the next day.
As this gruesome story proves, domestic abuse often just gets worse. Consult with a Chicago family law attorney if you are in an abusive relationship.
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But gay and lesbian couples in Chicago that want to get hitched in California may need to wait a while, as Chicago family law attorneys also would advise. The ruling already has been appealed to the Ninth US Circuit Court of Appeals by backers of Proposition 8 (Prop 8), the measure voted into law on 2008.
Prop 8 received most of its financial backing from the Mormon church, which ironically was persecuted for its own particularly unpopular marriage customs in the 19th Century. The church eventually banned polygamy in 1890 so that Utah could join the union, according to NewsInHistory.com.
]]> The appeal may go all the way to the US Supreme Court, since it's a federal case, and has implications well beyond California. Depending on how far this case goes and how the Justices decide, it very well could set legal precedent for Illinois and all 50 states.While same-sex partners in Chicago have every reason to celebrate, most understand they'll have to be patient. The law moves relatively slow and with good reason; a Supreme Court ruling would impact the status of countless domestic relationships across the country and shouldn't be taken lightly.
In a Chicago Now article about the ruling, writer Brian C. Thomas points out how his own union actually would have been illegal in some states prior to the Supreme Court's 1967 ruling (Loving v. Virginia) that the state's prohibition of interracial marriage violated the 14th Amendment's Equal Protection Clause.
And regardless of the will of the majority in the Prop 8 passage, Loving v. Virginia as well as the case banning school segregation (Brown v. Board of Education) were all about protecting the civil rights of minorities from the will of the majority.
Many believe the same-sex marriage issue is strikingly similar.
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The wife and mother of two young children already suspected her husband, John France, was having an affair. She searched for the suspected other woman on Facebook and saw wedding pictures of her estranged husband and his new wife at Walt Disney World:
"I was numb with shock, to tell you the truth. There was like an album of 200 pictures on there. Their whole wedding."
And that's just the tip of the iceberg.
]]> John France says he wasn't actually cheating and claims his marriage to Lynn France was not valid from the start. Their wedding was coordinated through a hotel in Italy but the basis for his claim was not made clear in the article. Even if it is determined to have been invalid, he'll still have to answer questions as to his own involvement in the allegedly fraudulent union.Besides the fact that they have two young kids, Lynn France said he left for what she believes was one of his liaisons (he claims it was a business trip) on the day his newborn, second son came home from the hospital. John France attempted to make his case on NBC's "Today" show, hoping the viewing public would sympathize with his legal claims:
"I don't think I was cheating. If you have a marriage that's not right from the beginning, it's not right at the end."
Lynne France probably had another idea of what's "not right." She divorced him but dropped the proceedings last June, against the advice of her lawyers, when he returned to Cleveland and begged forgiveness.
But while she was cleaning the house just three months ago, John France took their kids and drove off; she hasn't seen her sons since. He took the boys to live with his new wife in Florida and is seeking custody of the boys. She claims the only way she can see her boys is on the other woman's Facebook account.
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Sometimes even the most favorable child support order brokered by the most skilled divorce attorney in Chicago isn't enough. The state's Dept. of Child Support Services often can help by garnishing wages or other methods.
]]>Illinois Legal Aid also provides resources to help custodial parents enforce child support order without going to court. According to information on the site, the following conditions must be met before a parent can enforce a child support order out of court:
The next step often involves bringing in the big guns, quite literally.
The aforementioned Cook County Sheriff's squad, started more than two years ago, enters the homes of deadbeat parents just as if it were a drug raid or other criminal matter. One man illustrated in the CBS article who allegedly owes almost $6,000 in child support was described as being very surprised by the arrival of armed officers at his front door.
Cook County Sheriff Tom Dart explained how the 17-member squad is merely trying to provide some justice for custodial parents stuck without enough money to care for their families:
"So many of these mothers were destitute, they really had nothing."
Obviously it's difficult to work and earn money to pay down a child support debt if you're in jail; so deadbeat parents often wear an electronic monitoring bracelet and are allowed to either be in their house or at work.
Since the unit was founded, nearly 1,000 arrests have been made and more than 13,000 summonses have been served.
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And yet, as Chicago family law attorneys also would point out, the article highlights three fundamental problems unlikely to be addressed by new legislation that usually cause the most tension for families going through divorce:
The court determines a parenting schedule based on what it believes are the best interests of the child. But the article describes the courtroom confrontation as a "blunt, expensive and often ineffective instrument" for resolving such disputes.
Similarly, alimony still is based on the often-subjective metrics of the couple's standard of living before the divorce and a spouse's ability to hold down a decent job.
Unfortunately, litigation tends to fuels our desire to "win" at all costs. Aside from the notion that children usually suffer from protracted divorce court battles, new research in neuroscience concludes that humans are hard-wired to enjoy the process of winning.
Author David A. Hoffman, an attorney and arbitrator at Boston Law Collaborative LLC, also pointed out that legal fees are roughly 10-times higher for litigated cases than for divorces settled through mediation.
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Prosecutor Sean O'Donnell told the court that Brittainy Labberton starved her baby because she thought the dangerously underweight child was getting fat. The homeless couple hopes to get their children back as they await the birth of their third.
Typically, courts base such decisions on the best interests of the child, as an Illinois family lawyer also would say.
]]> Injunctions to keep a newborn from his or her mother before the child is born are very rare. Sean O'Donnell tried, albeit unsuccessfully, to convince the judge to grant the order in this case:"This is a train wreck; we all see it coming."
Brittainy Labberton reportedly did not eat enough to nourish her unborn child and was admitted to a hospital for treatment, according to testimony. The couple was ordered to report the child's birth immediately to state social workers or face a contempt charge.
The couple's second daughter, born in 2008, gained just one pound during her first two months after birth; but the depressed mother told authorities she thought the malnourished infant was becoming "fat." Authorities placed the child into protective custody. The couple was not homeless at the time and allegedly could afford to feed their family.
This unusual case creates difficulties for courts and agencies that typically handle such issues, as University of Washington law professor Mary Fann explained:
"The usual state institutions are looking at each other saying, 'Who has jurisdiction in this case?'"
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