Why did Vanessa wait 10 years to divorce Kobe Bryant? 

Vanessa Bryant has filed for divorce from Kobe Bryant recently. As we may all recall there was a large scandal involving Kobe and a mysterious woman. Despite this encounter with another woman Vanessa stuck by his side. She has stayed married to Kobe for over 10 years now. So we must ask, why did Vanessa wait so long to divorce Kobe? 

The couple was married on April 18, 2001 and she filed for divorce on December 16, 2011. This would mean they were married for just a little over 10 years. 
 
In California, a marriage of under 10 years is considered a marriage of a SHORT duration. The court has discretion when it comes to marriages of a SHORT duration to award spousal support for a timeframe which equates to half the length of the marriage. For example if you were married for 8 years, spousal support could typically be awarded for 4 years.

Since Vanessa waited over 10 years, her marriage would be considered a marriage of a long duration (Family Code Section 4336(b)). In this situation, where the parties are married for over 10 years the court takes into consideration the
factors provided in Family Code Section 4320 which include but are not limited to the following: 

1.  Standard of living of the parties including where they live, cars they drive, places they shop, income earned during the marriage etc…
2. Whether the supported party has an education, has skills or can become self supporting
3. The husband’s income and wife’s income 
4. Whether the supported party contributed to the supporting party’s career or education
5. The age and health of both the husband and the wife
6. The assets and debts of the husband and wife 

Spousal support for a long term marriage can be awarded for an indefinite amount of time. So once Vanessa does receive spousal support, the court will more than likely not set a time for the spousal support to terminate. 
 
Keep in mind it is the goal of the state of California for a party to become self supporting. So, once Kobe believes Vanessa has had ample time to become “self supporting” he can file a motion with the court to modify spousal support and request a termination. His motion may or may not be successful depending on the circumstances. As it stands now, Kobe will be paying spousal support for quite some time. If you have any questions concerning your divorce and your rights
please contact our experienced attorney for a free consultation. 

New legislation has been enacted through the recommendation of Elkins Family Law  Task Force that will allow a Judge to make an attorney fee order in the early stages of the case. 

“Early needs-based fee awards:   Courts should give careful attention to making early needs-based attorney fee awards rather than deferring the issue to trial. This would minimize the imbalance in ability to hire counsel between litigants in a family law case. When a request for needs-based attorney fees is made, the court should make findings regarding whether the award of fees is necessary, whether there is a disparity in access to funds or income, and whether one party is able to pay. If the findings demonstrate need, disparity in access, and ability to pay, the court should  make an order awarding attorney fees.” Elkins Final Report Pg. 60. 

Prior to these recommendations the court would often defer the issue of attorney’s fees and costs until the time of trial. Now, the court can make an attorney fee order at the onset of the case  when a party demonstrates that there is a need, there is a disparity in income,  and the other party has the ability to pay.
 
How will this affect you? If you are the party that does not have the ability to pay your attorney’s fees you will be able to retain and maintain legal counsel throughout the proceedings. If you are  the party with the ability to pay the other party’s fees you will be ordered to  do so sooner and most likely at the first hearing.

You may want to contact an experienced attorney to discuss your rights.

New legislation has been enacted through the recommendation of Elkins Family Law Task Force. This legislation will not only affect our courts, it will also impact your family law case through “live testimony” at Order to Show Cause and Notice of Motion hearings. 

Live Testimony At Hearings: “At the  hearing on any order to show cause or notice of motion (or request for order)  brought pursuant to the Family Code, absent a stipulation of the parties or a  finding of good cause, the judge must receive any live competent testimony that  is relevant and within the scope of the hearing and may ask questions of the  witnesses.” Elkins Final Report Pg.  29
 
Prior to these Elkins recommendations, it was very rare to see a court taking live testimony at an 
Order to Show or a Notice of Motion hearing.In lieu of live testimony the court was allowing the submission of a  declaration.

How will this affect you?The bad: Now your hearing for initial requests of custody & visitation, child & spousal support and/or attorney’s fees will be prolonged in duration. The courts are already over-crowded and quite often have as many as thirty (30) cases scheduled each morning. 

The good: the court will be  required to hear live testimony unless it finds good cause not to. This will allow you to tell your side of the story from the onset of the case and you will  no longer have to wait until trial to do so.  

                                         CONTACT AN EXPERIENCED ATTORNEY TODAY