California Divorce Blawg

Divorce Filings to Spike after New Year

With a seasonal rate 30% higher than the rest of the year, many Americans won't be having a happy new year when they receive a divorce petition from their soon to be estranged spouse in January 2006, says Beverly Pekala, author of "Don't Settle for Less: A Guide to Divorce." We're now in the busiest time of year for divorce attorneys because spouses are doing their holiday shopping for a lawyer" says Pekala, whom the media have dubbed "America's Divorce Handicapper." "Divorce is planned prior to the holidays and executed after the first," offers Pekala. She states that many people don't want to rock the family boat during what is typically a festive time of year, out of deference to children, extended families and personal reputations. There are also psychological considerations of making the first of the year a fresh start.  Pekala states that many filers are not so altruistic: "People wait to file for many reasons. Some say they waited all year for their Christmas trip to Aspen, or that they've earned the rinket that'll be under the tree, so, why not wait and drop the papers after the first. Others want to share in the year-end bonus and other perks their spouse will receive. December and January are critical times when there's potential access to additional important financial information, like W-2's and 1099's, and, of course, bonuses and tax refunds received after the first can also be used to fund a divorce," she says.  The $10,000 question revolves around which gender is seen most frequently at the lawyer's office in December. Pekala responds as one might expect from a lawyer representing husbands and wives: "While all divorce lawyers know the answer to that question, who do you think use these tactics more often?"

Beverly A. Pekala is principal of the Law Offices of Beverly A. Pekala, P.C., a leading Chicago-based law practice, specializing in family law and litigation.  http://www.beverlypekala.com

Jessica Simpson Files for Divorce From Nick Lachey, Citing Irreconcilable Differences

There will be no romantic reunion Jessica Simpson filed for divorce Friday from former boy band star Nick Lachey. The couple jointly announced their separation Nov. 23 following months of rumors that their tabloid-friendly relationship had soured.  Simpson cited irreconcilable differences in a divorce petition filed in Los Angeles Superior Court. The couple had no prenuptial agreement and in the petition, Simpson asked the court not to grant Lachey spousal support.   Click for more.

Valerie Bertinelli and Eddie Van Halen To Divorce

Taking things one day at time apparently didn't work out for Valerie Bertinelli. The former sitcom star has finally filed for divorce from Eddie Van Halen, citing irreconcilable differences.  The former One Day at a Time actress filed the divorce petition in Los Angeles Superior Court Tuesday, even though the couple officially separated on Oct. 15, 2001.   Click here for more.

Governor elevates San Luis Obispo Family Law Commissioner to Judge

California Governor Arnold Schwarzenegger today announced the appointment of Ginger E. Garrett to a judgeship in the San Luis Obispo County Superior Court.  Garrett, 53, of Arroyo Grande, has served as family law commissioner for the San Luis Obispo Superior Court since 2002. She was previously a sole practitioner in San Luis Obispo from 1993 to 2002, specializing in family law and juvenile cases.  Click here to see the Governor's press release

Britain's gay, lesbian couples soon can walk down the aisle

Beginning Dec. 5, same-sex couples older than 16 can give legal notice of their intention to form a partnership. Ceremonies can be held after a 15-day waiting period.

Britain joins a number of other European countries, including Germany, the Netherlands, Spain, France and Belgium, in recognizing same-sex unions either as civil partnerships or gay marriages. Despite opposition from some Christian groups, the issue is far less contentious here than in the USA, where only Massachusetts allows gay marriage, and California, Vermont and Connecticut permit domestic partnerships/civil unions.

Click here for more.

California Appeals Court rules in favor of doctors in lesbian insemination case

A state appeals court ruled that two fertility doctors had the right to refuse to artificially inseminate a lesbian based on her marital status because it would have violated their religious beliefs.  Friday's ruling reversed a lower court decision that Drs. Christine Brody and Douglas Fenton could not use religion as a defense against a lawsuit filed by Guadalupe Benitez.  The panel found that the doctors were within their rights because they based their decision on Benitez's unmarried status and that discrimination based on marital status is not prohibited by state law.  Click here for more.  The complete written opinion of the court is available through this link.