Recent Blog Posts in June 2010

OK - I'm back again with an update on my upcoming reality show stardom <wink>.  I had my second day of filming yesterday on the set of the BRAVO show I am doing.  Once again, it was a lot of waiting around for lighting and cameras and sound to be set up.  I was discussing the shoot for the day with the two producers assigned to my episode.  They were reminding me to stay focused and confident (something I am for my clients every day) when the cameras were rolling.  Once I was given the 'thumbs up' to enter the main set, I smiled, opened the door, and walked proudly in to greet the main players on the series.  After the introductions were made, I sat down with the head honcho of the show and conversed, mainly about my personal life and goals.  It was certainly an eye opening experience as, up until that moment, I had only ever seen this person on my television screen.

IT is hard to not be somewhat star-struck when meeting someone from television, but, I remained composed and, according to everyone, did remarkably well for a non-professional television person.  I then did my own interview on-camera as a follow-up to the events of the day.  There is plenty more to come of this, and I wish I could share more but, for now, this is all I'm allowed.

So, stay tuned, because once the episode airs, I can tell you so much more!

Michael Douglas's first wife looking for a piece of the action from Wall Street II .

Michael Douglas is about to reprise his role as Gordon Gecko - the 80's "greed is good" wall street investment shark in the sequel Wall Street:  Money Never Sleeps.  However, his first wife may be taking that message to heart.  Recently, Diandra Douglas filed papers seeking fifty-percent of his earnings for the new Wall Street sequel.  Apparently, in their original settlement agreement, the ex-Mrs. Douglas is entitled 50 percent of any earnings Michael receives from any movies he did -- including residuals, merchandizing and ancillary rights -- during their 23-year marriage.  Diandra Douglas is attempting to stretch the meaning of "movies he did" to include the new Wall Street movie as a "spinoff".

Michael Douglas's attorneys have filed a Motion to Dismiss and the case is currently in the New York Supreme Court before the Honorable Justice Matthew F. Cooper.

More details to follow as this case moves forward.

For further information or to inquire about your post-Judgment of Divorce matter, CONTACT The Kepanis Law Firm today.

Being a lifetime Giants fan who happens to also head a law firm dedicated to the practice of divorce and family law in the Great State of New York, it was with interest that I began reading as much as I could about former New York Giants running back Tiki Barber's divorce matter currently before Justice Deborah Ann Kaplan in the Supreme Court of New York County.

Barber, after retiring from the NFL, began a stint at both the Today Show and Football Night in America as a correspondent/reporter.  However, based on a 'morality clause' that most television and sports personalities have in their respective contracts, Tiki was recently let go by the powers-that-be at NBC.  Why was he let go - well, the allegations set forth by his wife 'Ginny' are that, Tiki had an affair with an intern at NBC...while his wife Ginny was 8 months pregnant.

As the divorce case continues rolling onward, Tiki now claims he is 'too broke to settle'.

In most celebrity cases, the reality is usually a lot less dazzling than the press would have you believe.  However, this may be an exception to the rule.  Herein we have a case of an adulterous affair...a pregnant wife...a young intern...and an ex-star football player turned television personality.  Perhaps truth can sometimes be stranger than fiction?  However, that being said, unless we all become privy to the Court filings and conferences between the Judge, attorneys, and parties, it is all speculation.  But, in the world of celebrity divorce, speculation is the raison d'etre.

For further information or to inquire about your divorce matter, CONTACT The Kepanis Law Firm today.

For all of you divorced parents out there who try to use their children as pawns in your revenge against your ex, watch out, jail time could be in your future. In a recent decision by the Honorable Robert A. Ross of the Supreme Court for Nassau County, a mother was recently sentenced to six (6) weekends in jail for alienating the parties children from their father. 

The case, Lauren R. v. Ted R., dealt with the following facts:

1.    The mother continually attempted to 'replace' the childrens' father with her new     
husband;
2.    The mother continually interfered with the father's visitation with the children by either deliberately withholding the visitation or scheduling other activities for them so the father could not effectuate his visitation;
3.    The mother falsely reported sexual misconduct by the father against the children; and
4.    The mother threatened the children with tirades and punishment if they were to        
embrace the relationship they wanted with their father.

While most families go through an emotional upheaval during a divorce, things generally settle down once a settlement is reached or a Judgment is handed down after a trial.  It is in cases as the one described above where a heavy hand is used to punish the wrong-doing spouse.  No matter what, your children are your children and should not be used as pawns in your divorce or custody/visitation hearing.  Try your best to make a life for your children so that you are there in their lives to see them achieve all of life's milestones - after all, would you really want to miss out on birthdays, graduations, ceremonies?  After all, the alternative could be jail!

In this blog installment I thought I would give some insight into an episode of a television show I am currently filming for BRAVO.  The filming began last week, making me relish my life as an attorney rather than a television star.  Basically, it is a lot of waiting around for the lights and cameras to be set up.  So, getting to the "ACTION!" in LIGHTS, CAMERA...ACTION! takes more work than you'd imagine.  It has certainly been an eye-opening experience into the behind-the-scenes life of movie and television stars.

While I cannot mention the name of the television show until it airs sometime in early 2011, I can say that it will be on the BRAVO network and hopefully show the world that not all attorneys are stuffy aristocrats sitting around smoking cigars wearing white leather shoes.  I am one attorney who is a real person, caring about real clients in life-changing situations.  Although, if I become an overnight sensation, you can say "I remember when I hired him to fight for my rights in my divorce"...and, you know what...I will still be the guy fighting for your rights, only next time there might be a camera on me.

New York, normally a forward-thinking liberal state, is still the most conservative when it comes to whether or not a married couple may be granted a divorce.  Currently, in order to obtain a divorce in New York state, one spouse must allege one of the enumerated grounds set forth by the state legislature.  These grounds are as follows:

1)         Cruel and inhuman treatment of one spouse by the other.  However, under current case law, the length of the marriage colors the actual meaning of "cruel and inhuman".  While leaving the toilet seat up might amount to cruel and inhuman treatment in a six-month marriage, verbal put-downs and non-stop tirades might not amount to cruel and inhuman treatment in a twenty-year marriage.

2)         Abandonment for more than one year of one spouse by the other.  However, within this particular ground comes "constructive abandonment" - that is, the refusal of one spouse to engage in sexual relations for more than one year, without justification.  This particular ground has morphed into a de facto "No Fault" ground in New York as most spouses who wish to be granted a divorce in New York will agree to "constructive abandonment" as their grounds.  The Courts, judges, attorneys, and clients all know this is basically Court-sanctioned perjury but, in an effort to bypass a costly "grounds trial", look the other way.

3)         One spouses confinement in prison for more than three years after the parties were married.

4)         Adultery.  Basically, this must be proven through either actual or circumstantial evidence.  Not even the cheating spouse's admission of adultery will suffice.  This is an arcane provision and rarely used as a grounds for divorce unless one spouse wants to humiliate the other with evidence of the adultery.

5)         Living separate and apart for more than one year pursuant to a Judgment of Separation.

6)         Living separate and apart for more than one year pursuant to a Separation Agreement.