On MSN Money Liz Pulliam Weston gives us an insightful look at the 10 year rule in divorce, and why so many celebrities call it quits on marriage before their tenth anniversaries. Here's a taste of Liz's article:
In California Divorce 101, you'll learn why they want the kids and why the 10th anniversary is such a killer.
Britney and Kevin. Chris and Malaak. Renee and Kenny.
These star couples, and plenty of others, make it clear: If you're going to dish on celebrity divorce, you need to know a thing or four about California divorce law.
Because, as in so many other things, California does divorce differently than just about anywhere else. So here's your primer:
Fact No. 1: Why what's yours is mine
California is one of just nine "community property" states in the United States. (The others are Arizona, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. In Alaska, couples can opt for community property status, or not.)
In most states, assets and earnings accumulated during marriage are split "equitably," which doesn't necessarily mean 50/50. The higher earner can often wind up with a bigger piece of the pie. In community property states, however, the presumption is that any earnings, assets or debts acquired during the marriage are shared equally. (There are a few exceptions; inheritances and gifts to one spouse are typically considered separate property, for example.)
You can see how this situation is perceived as a problem in California, home of a million trophy spouses who bring great looks but not necessarily great earning potential to their marriages.
The presumption that "what's yours is mine" is the reason that most celebrity marriages involve prenuptials, which are pre-marriage agreements, hammered out among staffs of lawyers, in which both parties essentially reject the notion of community property and instead work out their own division of property, earnings and debts in case of divorce.
Many prenups have annual escalation clauses, so that the longer the marriage, the more the less-affluent partner receives in cash (income) and prizes (property). Hence the rumor, reported by Gawker, that superstar Britney Spears filed for divorce two years and one month after her marriage to Kevin Federline in order to limit his take. (Many escalation clauses also have 30-day grace periods, so theoretically Fed-Ex's share would be cut off at the two-year mark.)
Fact No. 2: Why they call it 'fraud'
California allows only two reasons for divorce: irreconcilable differences (which you don't have to prove) and incurable insanity (which you do).
If your marriage was brief and didn't involve children, or if you want to forget it ever happened, you might opt for annulment instead of divorce. Annulments are generally faster and less expensive than divorces, besides being a general "do over." Instead of dissolving the marriage, an annulment treats the union as if it had never occurred.
In California, however, you have to choose among eight reasons for wanting the annulment, and none of them are easy outs. The reasons include:
* Bigamy. At least one of you was already married.
* Force. Threats or harmful acts made you get married.
* Fraud. One of you deceived the other on a significant matter that led to marriage.
* Incapacity. One of you is physically unable to, um, you know.
* Incest. You're close blood relatives.
* Prior existing marriage or partnership. One of you thought your prior spouse/partner was dead, but he or she just turned up. (Seriously. This doesn't just happen in soap operas, apparently.)
* Underage. At least one of you was under 18 and didn't get Mommy and Daddy's permission.
* Unsound mind. One of you couldn't form the "intent" to marry because of a mental condition.
This list may give you some insight into why actress Renee Zellweger chose "fraud" as the best of bad options when filing for her annulment from singer Kenny Chesney after a four-month marriage.
Britney and Kevin. Chris and Malaak. Renee and Kenny.
These star couples, and plenty of others, make it clear: If you're going to dish on celebrity divorce, you need to know a thing or four about California divorce law.
Because, as in so many other things, California does divorce differently than just about anywhere else. So here's your primer:
Fact No. 1: Why what's yours is mine
California is one of just nine "community property" states in the United States. (The others are Arizona, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. In Alaska, couples can opt for community property status, or not.)
In most states, assets and earnings accumulated during marriage are split "equitably," which doesn't necessarily mean 50/50. The higher earner can often wind up with a bigger piece of the pie. In community property states, however, the presumption is that any earnings, assets or debts acquired during the marriage are shared equally. (There are a few exceptions; inheritances and gifts to one spouse are typically considered separate property, for example.)
You can see how this situation is perceived as a problem in California, home of a million trophy spouses who bring great looks but not necessarily great earning potential to their marriages.
The presumption that "what's yours is mine" is the reason that most celebrity marriages involve prenuptials, which are pre-marriage agreements, hammered out among staffs of lawyers, in which both parties essentially reject the notion of community property and instead work out their own division of property, earnings and debts in case of divorce.
Many prenups have annual escalation clauses, so that the longer the marriage, the more the less-affluent partner receives in cash (income) and prizes (property). Hence the rumor, reported by Gawker, that superstar Britney Spears filed for divorce two years and one month after her marriage to Kevin Federline in order to limit his take. (Many escalation clauses also have 30-day grace periods, so theoretically Fed-Ex's share would be cut off at the two-year mark.)
Fact No. 2: Why they call it 'fraud'
California allows only two reasons for divorce: irreconcilable differences (which you don't have to prove) and incurable insanity (which you do).
If your marriage was brief and didn't involve children, or if you want to forget it ever happened, you might opt for annulment instead of divorce. Annulments are generally faster and less expensive than divorces, besides being a general "do over." Instead of dissolving the marriage, an annulment treats the union as if it had never occurred.
In California, however, you have to choose among eight reasons for wanting the annulment, and none of them are easy outs. The reasons include:
* Bigamy. At least one of you was already married.
* Force. Threats or harmful acts made you get married.
* Fraud. One of you deceived the other on a significant matter that led to marriage.
* Incapacity. One of you is physically unable to, um, you know.
* Incest. You're close blood relatives.
* Prior existing marriage or partnership. One of you thought your prior spouse/partner was dead, but he or she just turned up. (Seriously. This doesn't just happen in soap operas, apparently.)
* Underage. At least one of you was under 18 and didn't get Mommy and Daddy's permission.
* Unsound mind. One of you couldn't form the "intent" to marry because of a mental condition.
This list may give you some insight into why actress Renee Zellweger chose "fraud" as the best of bad options when filing for her annulment from singer Kenny Chesney after a four-month marriage.
Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.
There is no denying the fact that finding that perfect divorce attorney is an essential step in the divorce process. Some guys don't even know where to start. I am willing to bet that you know someone who has gotten a divorce fairly recently. You can start by asking them about their experiences and who they have talked with.
Posted by: Divorce Guide | January 22, 2011 at 06:41 AM