Harvey Weinstein Divorce Could Be Complicated

Harvey Weinstein divorceHarvey Weinstein. Movie mogul. Miramax co-founder. Accomplished Hollywood film producer. Academy award winner. Tony award winner. Activist. Father. Husband.

Accused sexual assailant.

In early October 2017, the New York Times and The New Yorker first published allegations that Weinstein sexual harassed and abused women, dating back to the 1990s. Since then, more than a hundred women have come forward with similar accusations — including Uma Thurman, Rose McGowan, Angelina Jolie, Ashley Judd and Gwyneth Paltrow.

And with the mounting accusations, Weinstein’s wife, fashion designer Georgina Chapman, has yet to file for divorce. So why hasn’t there been a Harvey Weinstein divorce?

Wait and See

Weistein has not faced a formal charge of sex crimes. This is in part because many of the accusations were for conduct that occurred decades ago. Most sex crimes in California have a 10-year statute of limitations. This means that Weinstein cannot be prosecuted for sex crimes that allegedly occurred more than 10 years ago. For those allegations against Weinstein falling within the statute of limitations, officers are still investigating the accusations, which may result in criminal charges.

Chapman may be waiting to see whether criminal charges will be filed against Weinstein. She can then use any criminal charges or convictions against Weinstein as leverage to secure beneficial divorce terms. She would also have a persuasive argument for sole custody of their children.

Complex Harvey Weinstein Divorce

Weinstein and Chapman are both individually millionaires. Their marital estate is substantial. Divorce requires the assignment, allocation, and eventual division of marital assets. California’s divorce law entitles the spouses to half of the marital assets. But because of the couple’s prenuptial agreement, the contract will superseded the general California law regarding the division of assets.

The couple also has residences located in, and legal ties to, multiple states. This means that each state’s unique divorce laws will come into play during the divorce proceedings. Before a Harvey Weinstein divorce can occur, Chapman will need to ensure her divorce attorneys can confidently navigate the complex divorce proceedings. Her team will need time to strategize which state laws are more beneficial.

Gathering Evidence

The prenuptial agreement may have an “infidelity” clause. This clause punishes the cheating spouse if the extramarital affair occurred during the marriage. To assert the infidelity clause, Chapman may need to gather evidence of Weinstein’s disloyalty during their marriage. The more evidence she has, the stronger her case will be to win her Harvey Weinstein divorce. But gathering this evidence will take time.

Already Negotiating Terms of Divorce

Just because no formal Harvey Weinstein divorce has been filed does not mean that Chapman is not aggressively pursuing divorce terms. Divorce is not something that you should rush, especially when it will also affect two young children. Chapman could also be developing her case privately rather than fighting it out publicly. if she has information that could further damage Weinstein’s reputation, she could use that in closed-door negotiations for better divorce terms.

What Happened?

In fact, Weinstein and Chapman arrived at a divorce settlement in January 2018, according to Page Six. The divorce is estimated to be worth between $15 and $20 million. In addition to receiving substantial spousal support, Chapman will also have primary custody of their children. Sources stated that the “painstaking settlement nearly collapsed,” which would have required a public divorce case.

The official divorce will soon be filed, which will end the Harvey Weinstein divorce.

To Learn More, Call Our Divorce Attorneys

For more information regarding the complexities of divorce, contact a seasoned divorce attorney with the Law Offices of Rick D. Banks at (555) 222-4891.

Marriage Separation: If It’s Not Divorce, What Is It?

marriage separationTwo months into 2018 has already seen sad moments, such as when married couples in love decide to separate. Modern Family’s Julie Bowen, who portrayed Claire Dunphy, and realtor investor Scott Phillips announced their separation after 13 years of marriage. But they are not the only one. Jennifer Aniston, known for her roles on the hit sitcom Friends and the comedy We’re the Millers, and actor Justin Theroux, who had a role in Star Wars: The Last Jedi also announced their separation after two years of marriage. Notably, both couples announced their separation, not divorce.

What is marriage separation? How does it differ from divorce? Are there benefits to being legally separated as opposed to divorced? These may be questions rolling around in your head if your marriage is on the rocks.

What Is Marriage Separation?

Marriage separation, or legal separation, is not divorce. In California, divorce terminates a marriage or domestic partnership. Marriage separation, on the other hand, permits married couples to live individual lives and live apart without ending the marriage. By legally separating, the couple can rely on the court to help resolve disputes. Courts may have the authority to decide the following:

  • Property division
  • Child support
  • Child custody
  • Spousal support
  • Restraining orders

Arguments and hostility could be limited when the court makes these decisions. And when the couple cannot come to a mutually agreeable solution, the court ensures that the resolution is reasonable, fair and neutral.

Marriage separation is often the precursor to divorce, but it can also help bring couples back together. Spouses are given time to re-evaluate their lives and futures, including their emotions towards the other person.

What Are the Benefits to Legally Separating?

Similar to divorce, when a couple legally separates, they live apart, divide assets, determine child custody, decide child and spousal support, and rely on other legally-binding court orders to resolve other aspects of their marital lives. So, why separate rather than divorce? The primary reasons are: time and marital benefits.

Firstly, marriage separation permits spouses to see if being apart is what the couple truly wants. It can be used as a trial test to see what divorce life is like. It gives the couple needed time, room, and space to re-evaluate their relationship and future without the pressure or stress of divorce.

Secondly, legal separation does not extinguish a marriage. Married couples enjoy benefits like health insurance, retirement benefits, tax breaks, and insurance discounts. While legally separated, couples can still reap these benefits, until they divorce.

How to File for Marriage Separation in California

Filing for legal separation is similar to filing for divorce:

  • Complete all required forms, including the Summons (FL-110) and Petition (FL-100).
  • File your request for legal separation with your local court. State that the reason for the separation is irreconcilable differences.
  • Serve your spouse a copy of your marriage separation documents.
  • Wait for your spouse to file a response.

If your spouse agrees to the separation, you can file an Appearance with the court, along with your Stipulations and Waivers form (FL-130). Once the court executes the documents, if the terms are acceptable, your separation will be legal and official.

If your spouse opposes the separation and/or your proposed terms, you and your spouse may need to attend mediation. A mediator can help you both come to mutually agreeable terms. Otherwise, the court will determine the disputed matters.

Considering Marriage Separation?

If you have questions regarding legal separation, contact a knowledgeable marriage separation attorney with the Law Offices of Rick D. Banks at (555) 222-4891.

Staying Positive on Valentine’s Day While Coping With Divorce

coping with divorceValentine’s Day is supposed to be one of the happiest days of the year; however, if you’re coping with divorce, you may feel less than excited. Many of your friends may be receiving chocolate and flowers from their spouses on Valentine’s Day. Instead, you may be recovering from a marriage that didn’t work out. Here are some ways you can deal with a difficult Valentine’s Day while coping with divorce issues:

Seek Support From Friends and Family

Although your friends and family members may be celebrating Valentine’s Day in their own ways, they can certainly take time to comfort you in your time of need. Even if you sought the divorce, you are likely having a difficult transition into the single world. You may feel lonely and stressed. Talk to someone about your feelings, especially if you know someone who has been through a divorce. Their experienced input can be helpful when coping with divorce.

Talk to a Professional

Although your friends and family may have good intentions, they may not be able to help you develop necessary coping skills to deal with your feelings after a divorce. A professional therapist or counselor can help you learn about yourself, develop healthy coping mechanisms, and heal from the pain of the past. If you feel you are suffering from depression, anxiety, or any other condition, you should talk to your health care provider about mental health treatment.

Stay Busy

When you’re coping with divorce, it’s best to stay busy. You may have had traditions and habits with your ex-spouse. Now that you’re not taking part in those activities, you may have extra time on your hands. This can lead to an unhealthy focus on your former spouse and the unhappy relationship. Instead, schedule an outing with someone you love or take part in a community service event. Volunteering with those less fortunate can provide you with a healthy perspective seeing the lives of others. Find a new hobby or participate in an athletic or fitness event. Keep in mind that you are investing in your new life.

Don’t Make Any Major Decisions

It’s best to take time to settle into your new life when coping with divorce issues. You shouldn’t do anything drastic or make any major irreversible decisions about your future. For example, don’t quit your job in an attempt to avoid questions from coworkers. Don’t move completely out of the geographic area just to avoid familiar people and places. Take time to calm down and adjust to your new situation.

Don’t Snoop on Your Ex

It can be tempting to look up your ex-spouse and try to find out what they are doing and who they are associating with. However, this constant connection will only magnify your negative emotions. If you see that your ex is with another person, you may experience jealousy, guilt, and sorrow. If your ex appears to be having a good time in social media pictures, you may feel that the situation is unfair. While coping with divorce, avoid your ex’s social media, email accounts, and phone records.

Don’t Contact Your Ex Unnecessarily

Although you may have to contact your ex regarding children, property division, and other aspects of your divorce case, don’t communicate with them unnecessarily. Save yourself the pain of hearing their voice. Have an attorney contact them instead.

Contact an Attorney When Coping With Divorce

Going through a divorce is one of the most difficult things a person can endure. Seeing everyone celebrate Valentine’s Day can cause you even more pain while you’re coping with emotions after a divorce. If you have questions about your divorce or want to speak with an experienced divorce lawyer, contact Rick Banks Law today at (559) 222-4891. When you’re coping with divorce, you deserve to have someone on your side.

Why You Might Want to Start Filing for Divorce at the Start of the Year

filing for divorceThe beginning of the year is always a popular time for people filing for divorce. Tax accountants get busy in March and April, and divorce attorneys see an increase in divorces as early as the first Monday after the new year – often called “Divorce Monday.” People are often seeking a new life in the new year and many have suffered a rough holiday season with their soon to be ex-spouse.

If you are considering filing for divorce in the new year, you should consider doing it as soon as possible. An experienced divorce attorney at Rick Banks Law can help you through the process. Call us today at (559) 222-4891.

New Year, New You!

Consider filing for divorce as early as possible in the new year, even in January. New Year’s resolutions can often give you the motivation you need to do something that will benefit you. After the stress of the holidays and family gatherings, you should be focused on yourself. If you’re unhappy in your marriage, divorce in the near year may be the answer.

Filing for divorce at the beginning of the year will give you and your children time to adjust to your new status before the holidays roll around again. Many people will be surprised at the news that you are separating from your spouse. Give them time to come to terms with the news before you have to see them again later in the year.

Extra Money in Your Hands

Many people end up filing for divorce early in the year because they have extra money from a bonus check or tax returns. Divorce can be expensive. Your Christmas bonus would be well used to better your life through divorce.

You may want to separate your money from your spouse in the new year. Thus, the earlier you file for divorce, the better. Once you’ve officially filed, you can separate your money from theirs. Although the money you earned up until that point may be considered the assets of both parties, a divorce lawyer can argue that you deserve to keep what you’ve earned in the new year.

Planning for a New Tax Year

Even if you’re in the process of divorce, you may have to file your taxes “married filing jointly” or “married filing separate.” By filing for divorce early in the year, you can get a jump start on next year’s taxes. We can work to help you get through the process quickly and efficiently so you won’t have to file taxes and share that income tax return next year.

Although filing for divorce in January or early in the year does not automatically guarantee that you will be able to file taxes on your own next year, it does increase the chances. Divorces can take a significant amount of time to finalize. If your soon to be ex-spouse disagrees with any of the conditions of your divorce, it can take months or years to settle differences. However, with the help of a skilled divorce attorney, you may be able to find a quick and reasonable resolution for all parties.

Get It Over With!

Many people avoid filing for divorce because they know it’s going be an unpleasant experience. With the new year, you may have renewed motivation to file for divorce and get it over with.

If You’re Considering Filing for Divorce, Contact Rick Banks Law Today

Divorce can be extremely stressful, with many aspects to consider about when you file paperwork with the court. If you’re ready to end your marriage, we can help. Call Rick Banks Law today at (559) 222-4891 to let us guide you through the process of filing for divorce.