Law Offices of David P. Schwarz Family Law Lawyer

Call Today: 949-296-4119

Aggressive defense of your rights in all matters relating to family law as well as criminal law

Phaedra Parks and Apollo Nida finally settle their divorce

by | Jul 11, 2017 | Division of Assets, Divorce, Firm News

Phaedra Parks and Apollo Nida‘s long, drawn-out divorce case is finally over they’ve reached a settlement that includes a parenting plan. This case has had some interesting twists and turns along the way until a divorce settlement has been reached by the parties. Apparently along the way Phaedra was accused withholding documents that stated her income.  In a divorce if a party withholds their income through the disclosure declarations a Judge can order sanctions against that party.  If sanctioned the party can lose credibility with the judge and any judgment entered can be set aside by the other party.

The huge hang-ups were spousal support and how they’d split property. She was adamant they had an ironclad prenup but he wanted the judge to toss it out. The agreement is confidential so it’s unclear who got what. A prenuptial agreement should prevail in California Courts because they are valid contracts made in anticipation of marriage and are upheld by the Courts unless they are held to be unconscionable.

They also struck a custody agreement they’ll share joint legal custody and Phaedra will have primary physical custody. Makes sense Apollo’s serving prison time for money fraud.

As part of the custody arrangement, Apollo gets weekly phone calls with their 2 kids. It would not be absurd for children to visit their father in jail as it is quite common.  However, I am sure that Phaedra made a big fight about the children visiting their father in jail.

Apollo became excited that a judge nullified his divorce from Phaedra Parks, because he’s suspicious she hasn’t disclosed all of their assets, and he wants his cut.

The judge decided the divorce was unfair because he wasn’t informed of the final hearing where the divorce was granted.  Notice and the opportunity to be heard are the threshold legal requirements of any legal proceeding in California Courts.  If it is true what Apollo was alleging that he was not given proper notice then under certain code sections Apollo can set aside his divorce judgment and ask the Court to set a new hearing date and set aside all rulings that were made. The judge was also ticked off by Phaedra’s vindictiveness intentionally misspelling his name on the docs.

So now it’s back to square one, and Apollo wants to go back on the hunt to determine what property is fair game to split … property he says includes a million-dollar marital home, millions of dollars in personal property and several businesses.

Apollo, who is currently serving a prison sentence, also wants joint legal custody of their 2.  It is a difficult situation with regards to custody if a parent is in jail.  However, the law is clear that both parents should be able to see their children.  The only factor that the Court uses to determine whether visitation will not be beneficially deals with the best interest standard. In this case the Judge must have evaluated whether the children’s visit in jail would have adverse consequences. Evidently, the Judge determined that the visits to their father in jail would not adversely effect them enough to not have any visits with him.