When settling a divorce, most issues in need of resolution amount to very simple questions of "what?," "who?," and "how?" One other important distinction, that of "where?" should also be anticipated by those couples who are divorcing, regardless of whether they are already quite far along with the process or have yet to even file for separation.
Different states can have seemingly small differences in their divorce laws. However, don't be fooled-these deviations and peculiarities can change the entire course of a divorce, shifting the legal and financial standing of both spouses for decades to come. Once celebrity couple, whose Texas divorce may become instead a Californian case, is currently dealing with the stark sway the question of "where" can indeed have.
Joe and Tina Simpson, parents of music and pop culture icons Ashlee and Jessica Simpson, are in the midst of a divorce that involves not only the couple's massive assets, but also an incredibly valuable stake in a successful fashion line. Filed and begun in Texas, the case may be moved, at Joe's request, to Los Angeles.
Why the westward change in location? Under California law, divorce is a no-fault process, meaning that couples frequently arrive at a very equitable settlement that divides assets, custody, and property between divorcees. However, Texas law acknowledges wrongdoing and fault in divorces, in addition to no-fault cases.
Joe Simpson, who is currently battling rumors of his closeted homosexuality, stands to win much more than the $100 million offered to him by Tina in an earlier settlement, should the case play out in California. Additionally, a greater portion of the profits from the Jessica Simpson Collection, which Tina currently manages, would be awarded to Joe.
The Simpson divorce is but one of the many cases in which location amidst Texas jurisdiction could play a pivotal role in the outcome of asset division. To ensure that a separation's legal terms are not just fair but also advantageous, a family law attorney should be the first step taken in any divorce.
Source: Radar Online, "Simpson Divorce Battle Heats Up! Joe & Tina Are Fighting Over Money," Jon Boon, Jan. 23.2013
- Divorce location can change the very nature of mediation, negotiation, and litigation. For more information on what steps should be taken, contact our San Antonio family law page.