AMBER HEARD FILES RESTRAINING ORDER AGAINST DEPP

Just after filing for divorce from Johnny Depp, Amber Heard has sought a restraining order against the Pirates of the Caribbean actor.

AMBER HEARD FILES RESTRAINING ORDER AGAINST DEPP

Heard is cited irreconcilable differences and requested spousal support, according to court papers. The official separation date was May 22. It now appears that Heard has also filed a restraining order request against Depp, claiming that the actor had been violent towards her over the course of their 15-month marriage.

THE ROMANCE

The two met on the set of The Rum Diary in 2009 and were married in February 2015 in two separate ceremonies – one at Depp’s West Hollywood, California, home and one on his private island in the Bahamas.

Last November, Heard dispelled rumors that the couple was having marital issues, telling Marie Claire during an interview, “I try not to react to the horrible misrepresentation of our lives, but it is strange and hard.”

Earlier this year, during his acceptance speech at the Palm Springs International Film Festival, Depp said, “I also have to thank my wife, Amber, for putting up with me. For living with all these characters, which can’t be easy. It’s hard for me, it’s gotta be hard for her.”

During a recent junket for The Adderall Diaries, Heard discussed how important her privacy is to her.

“For me, in my life, the most precious thing I can have is my privacy,” she said. “I don’t have any reason or desire to [share], but I understand why people do and why they would. A lot of people find ways to do it for good and control their representation of themselves, which I think actors or celebrities typically have not had control over for a long time.”

DEPP’S LAWYERS SKEPTICAL

While Heard might have filed for a restraining order, Depp’s attorney isn’t buying it and feels Heard is “attempting to secure a premature financial resolution by alleging abuse.”  Depp’s attorney went on to say that “as a successful actress with significant income of her own, there is no question Amber can support herself” until both actors “have had a reasonable amount of time to assess their finances” with their attorneys to negotiate a “mutually agreeable resolution.”

SPOUSAL SUPPORT

If you’re in the process of getting a divorce, looking for spousal support, or anticipate paying spousal support, you need to understand some important things. As always, it’s advised that you work with a family law attorney that can provide you with specifics about your situation.

WHAT IS SPOUSAL SUPPORT?

Spousal support, commonly known as alimony, is for people who were legally married and provides financial assistance to them. It recognizes the contributions a partner made to the marriage and is intenced to help the partner obtain financial independence. The rules regarding spousal support differs from one state to another.

HOW MUCH IS SPOUSAL SUPPORT?

When a court hears a case for spousal support, it considers a number of issues including how long the marriage lasted, what the needs are of each spouse, the standard of living the marriage created and maintained, assets, spousal age, and many other factors that are specific to different states. Based on these various circumstances and issues, your divorce attorney can help create a case for spousal support for you.

HOW LONG IS SPOUSAL SUPPORT?

The court sets the length of time spousal support payments are made based on the review of arguments made. Payments typically last about the length of the marriage if it’s less than 10 years. In other words, if the marriage lasted six years, the length of spousal supports payments to be paid is three years. For longer marriages, the court may not set a specific time for spousal support payments. In a case such as this, your divorce attorney must proved your side for the duration. Your attorney can help you establish your case for the amount of time you’re seeking for spousal support, whether you are receiving or paying the payments. Using common law, the court will listen to all arguments and then decide on the spousal support duration.

IS SPOUSAL SUPPORT PERMANENT OR LIFETIME?

If “Lifetime” or “Permanent” spousal support has been ordered by the court, it means the support must be paid to the receiving spouse until the paying spouse dies. Sometimes it is ordered to be paid until the receiving spouse remarries, however this isn’t always the case. Sometimes the court will rule that even if the receiving spouse remarries they must still be paid spousal support. Since women are becoming a stronger element in the workforce, “permanent” or “lifetime” spousal support is being awarded less often, if at all. An appellate court has stated:

As recognized by our Supreme Court, the public policy of this state has progressed from one which entitled some women to lifelong alimony as a condition of the marital contract of support, to one that entitles eithis spouse to post-dissolution support for only so long as is necessary to become self-supporting.

When determinig spousal support, the court usually requires the highis earner, whether they are the husband or the wife, to assist the lower earner in an effort to help maintain their standard of living for a specified period of time.

HOW DO FINANCIAL SITUATION CHANGES AFFECT SPOUSAL SUPPORT?

The length of spousal support payments could also depend on whether the spouse who is getting the support has any changes in their financial situation, such as starting a new job or getting a raise. The purpose for spousal support is to make sure the spouse receiving it has financial safeguards. If the spouse receiving support doesn’t need it anymore in order to maintain their financial stability, the court may decide that they no longer need the spousal support they are receiving.

SPOUSAL SUPPORT IN HIGH NET-WORTH DIVORCES

Because both Depp and Heard are well-paid actors, their divorce is an example of a high net-worth divorce. High Net-Worth Divorce is a unique divorce scenario that involves parties who, according to the Securities and Exchange Commission are situations “in which a natural person who has individual net worth, or joint worth with the person’s spouse, that exceeds $1 million dollars at the time of purchase, excluding the value of the primary residence of such person; or a natural person with an income exceeding $200,000 in each of the two most recent years or joint income with a spouse exceeding $300,000 for those years and a reasonable expectation of the same income level in the current year.”  Such a financial situation carries with it specific differences that require the skill of an experienced high net-worth divorce lawyer. With the expertise of a reputable high net-worth attorney you can greater protect your assets and finances from the costly divorce process. In addition to their high net-worth divorce, Heard and Depp did not sign a prenuptial agreement. It’s always advised that you sign a prenuptial agreement, regardless of the income levels of each spouse.

PRENUPTIAL AGREEMENTS

While Depp and Heard’s number one failure is not signing a prenuptial agreement, there are also mistakes that can be made when you do sign a prenuptial agreement. If there are mistakes in a prenuptial agreement it can be declared invalid. Some common mistakes include:

• Same Legal Representation – Both spouses need separate attorneys to ensure each understands the prenuptial agreement independently of the other. This ensures the signing of the final prenuptial agreement is voluntary, without one spouse feeling as if they are being pressured into signing it.
• Signed Under Duress – If one party feels pressured into signing the prenuptial agreement, or if they were influenced by drugs or alcohol affecting their mental capacity, it can be invalidated.
• Signed Too Soon Before the Wedding – Don’t wait until the last minute to sign the prenuptial agreement. If the couple divorces soon after the wedding, an argument that one party was coerced into signing can be argued. The prenuptial agreement should be signed one to three months before the wedding to give the spouse sufficient time to think about and consider what they are signing.
• No Full Disclosure – Make sure the prenuptial agreement discloses all assets and debts.
• Child Support Provisions – Do not include child custody or support. If the couple divorces and children are involved, the court will rule in whatever is the best interests of the child and not what was in the prenuptial agreement. If child custody and support are included the whole prenuptial agreement can be invalidated.
• Biased – If the prenuptial agreement seems biased towards one spouse party, it can be decided it’s unenforceable or “unconscionable.”
• Unenforceable Provisions – If a prenuptial agreement has unusual provisions, such as who does the dishes or takes out the garbage, they can be deemed unenforceable, which will weaken it.
• Oral Agreement – A prenuptial agreement should be in written and multiple copies made. Each spouse and spouse’s attorney should have a copy of the prenuptial agreement.
• Ambiguous Writing – If anything is unclear, or there is ambiguous wording, the prenuptial agreement can be challenged in court.

WORKING WITH A DIVORCE ATTORNEY

If you are facing a divorce, you should work with a divorce attorney that can take a look at your specific situation and give you advice based on it, rather than approach it with a one size fits all mindset. Your specific situation will be particular to you and your marriage and the way your life was set up during the marriage. This might mean major financial decisions regarding retirement funds, property, child support and custody, and alimony. A divorce attorney will work with you to help you decide how you want to tackle these elements of your marriage and divorce, while also providing guidance and support. They will be able to lead you through the process while keeping you from procrastination and caving into pressure. They’ll also be able to help ensure you meet all the required timelines while ensuring that you get a fair case and trial should you need to go to court. Lastly, they’ll be able to help you find the freedom and new life you are seeking – one that is entirely on your terms.

For advice on divorce, you need the expert law firm of 619 DIVORCE. Schedule a consultation today.

(619) DIVORCE
225 Broadway
San Diego, CA 92101
Phone: (619) 431-3131