Law Offices of David P. Schwarz Family Law Lawyer

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Singer, Adele, has filed for divorce from her husband, Simon Konecki.  She plans to co-parent their son, Angelo, age 6. This is a major child custody issue that is the forefront of their divorce. The singer, who filed for divorce from her estranged husband in Los Angeles, cited irreconcilable differences as the reason for the split. Spousal support, as well as the separation of their assets and properties, will be determined in mediation, according to the documents. Support can be long term financial concern for parties during a long term marriage so hopefully that part of the divorce can be settled during the mediation process According to several media outlets, it is believed that she and Konecki did not sign a Prenuptial Agreement prior to the marriage. This could mean any property acquired by the parties during the marriage will be divided through community property laws.  One of the benefits of signing a Prenuptial Agreement prior to getting married is to protect your separate property assets.  Another benefit is that if you plan to be married for a long time, you have the ability to set limitations on how much spousal support or alimony will be paid out depending on the length of the marriage. Usually people that have been successful will have a prenuptial agreement written prior to the marriage to ensure her long term royalties do not become split among the parties. Even so Adele could have attempted to draft a post nuptial agreement is she so wished to protected what she had made thus far from her lucrative career and protect all the royalties that she made and would make in the future. According to California law, in the event of a divorce, in a marriage of ten years or less, the recipient of spousal support is entitled to spousal support for one-half of the length of the marriage.  So, for instance, if a couple marries and divorces after 8 years of marriage, the recipient of spousal support will only be entitled to spousal support for a period of only 4 years. Another interesting issue that has come up in Adele’s divorce filing is that she chose to file for divorce in California.  Adele also is a British citizen so going back to England to file a divorce would not be out of the question.  She could make things really difficult with custody issues as well by dividing the child between the two countries.  However she did not do this. Apparently, the former couple own property in California and Konecki’s business is based out of California.  This brings up residency issues.  You cannot simply file a divorce petition based on the fact that you own property in that State.  In order to obtain residence in California, you must have been a resident of the state for at least 6 months and in the county where you intend to for for at least 3 months.  I believe Adele lives somewhere in Beverly Hills so if that is the case, she could file her Petition for Dissolution of Marriage in California and in Los Angeles County provided she meets the residency requirements.

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