San Jose Divorce Lawyer Blog

Supermodel and reality television host Heidi Klum and her husband, singer Seal, have announced that they have separated after seven years of marriage. Unlike other Hollywood marriages in which a divorce seems inevitable, it seems that almost no one saw this split coming.

Klum and Seal were married in 2005. They have since had three children together, and are also raising Klum's daughter from a previous relationship. In their seven years of marriage, the couple seemed to have a rock-solid relationship. They renewed their marriage vows every year on their anniversary, threw lavish parties together and talked about one another with respect and love.

Recently, a California Court of Appeals ruled that parents have no duty to proactively disclose any changes in their income or financial situation after a final order has been entered in their divorce or other family law case. The case means that parents who wish to compel their child's other parent to inform them of any financial changes must file a child support modification petition against them.

The ruling stemmed from a child support order that was entered in California in 2005, which instructed the father of three children to pay $8,500 per month for the support of his children, reducing to $4,000 when there was only one minor child remaining. In 2007, the mother filed a petition for enforcement and modification of the order, seeking an increase in child support.

A family court judge recently ruled that the parents of a teenage boy may not reveal to the boy that his biological father is not the man he has believed to be his father all his life, but another man with whom his mother had an affair several years ago. The most recent ruling is just one of many differing conclusions that various courts have reached in the many paternity, custody and fathers rights suits filed by the parents throughout the boy's life.

According to court documents, the boy was conceived when his married mother began an affair with a married man about 20 years ago. During the affair, the boy was conceived and born. About two years after his birth, the extramarital relationship ended.

When couples are deciding whether and how to end their marriage, very few consider the option of a legal separation. This may because of the lack of finality: a legal separation will not actually end a marriage. But for couples who are living separately, especially for several months or years, it can be very beneficial to make your split formal with a legal separation.

If you separate informally without a legally binding agreement, you will remain liable for your spouse's debt. This means that you may end up on the hook for large credit card expenses or other bills that result from irresponsible purchases made by your spouse. Further, your spouse will still have access to your finances and he or she may spend money from your account or fail to pay bills and debts, causing irreparable damage to your credit score. Finally, your spouse may fail to maintain the family home or otherwise decrease the value of your marital assets.

After several months of speculation that their marriage was on the rocks, pop singer Katy Perry and actor, comedian and author Russell Brand have announced that they are planning to get a divorce. Perry and Brand were married in October 2010 in a much-hyped ceremony in India, and were married for about 14 months prior to their split.

Although the couple was only married for a little over a year, their marriage and subsequent divorce may affect them financially for years to come. Brand has reportedly said that he and his soon-to-be-ex-wife did not sign a prenuptial agreement before marrying. Therefore, their property division would likely be subject to California community property laws, and everything either entertainer made during their marriage would be considered joint marital property. That property would be divided in half and equally distributed to both.

What did you resolve to do or change in the new year? For many people, common new year's resolutions include losing weight, finding a new job, going back to school or similar goals or achievements. But for many others, there is one important task topping the list for 2012: determining the paternity of their child or children.

According to a survey conducted by Identigene, a company that sells over the counter DNA paternity tests, about 10 percent of people in San Jose and throughout the U.S. have been in a situation in which a paternity test was necessary. In addition, about one in five of the 1,000 people surveyed have had a close friend or family member who has questioned the paternity of a child at some point.

Infidelity is a non-negotiable for many married couples. Once you have learned that your spouse cheated, there is often no going back. But what would happen if you learned that your spouse was unfaithful to you several years ago? What if the affair happened five decades ago?

Such long-ago infidelity is reportedly responsible for the end of a 77-year-marriage. Media reports indicate that a 99-year-old man decided to file for divorce from his 96-year-old wife after learning of an affair she had in the 1940s. But there may be more to this story: it was also reported that the couple has had marital problems in the past, so perhaps the affair was simply the last straw.

In August of this year, actor Mel Gibson agreed to pay $750,000 to his former girlfriend Oksana Grigorieva following a long, contentious battle over allegations of domestic abuse and the custody of the couple's young daughter. Now, that formerly large payout sounds minimal in comparison to his latest family law agreement.

Late last week, a Los Angeles family court judge approved the divorce settlement agreement of Gibson and his wife of 31 years, Robyn Moore. Because of the agreement's confidentiality, few details are known about it. However, entertainment news websites are reporting that Moore will likely receive half of Gibson's $850 million fortune.