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Entries in Divorce (20)

Tuesday
Aug022011

Man Accuses Ex-Wife of DUI Sting in Child Custody Battle

Brand X Pictures/Thinkstock(CONCORD, Calif.) -- Dave Dutcher thought it was going to be a good night when a woman invited him for a date, showed up at the bar with a female friend, they drank together, one of the women flashed her breasts, and then suggested they drive to another bar.

Before the night could pan out, however, Dutcher got a summons for DUI.

Dutcher, 49, is now claiming the entire evening was a sting operation choreographed by his ex-wife during their bitter divorce and child custody dispute -- and he is asking that his divorce settlement be set aside because his arrest was the result of entrapment.

The ex-wife, Susan Dutcher, went to court this week and an upcoming court date has been set for the beginning of October. Susan Dutcher claims her husband has unpaid child and spousal support bills that are forcing her to put her home up for auction later this month.

In court papers filed in June, Susan Dutcher wrote that her former husband "believed the petitioner had entrapped him...and used that to gain an unfair advantage granting her 90 percent of community assets and custody of the children."

Dave Dutcher could not be reached for comment, but he told the San Jose Mercury News that one of the women flashed her breasts that night at the Old Spaghetti Factory.

Susan Dutcher admits to hiring private investigator Christopher Butler in November 2008 to keep an eye on her ex-husband and his drinking habits. The mother of three said she worried about her ex's drinking habits and was "concerned about the safety of her children when they were in [his] care," according to court documents.

Susan Dutcher claims she never intended for him to be charged with a DUI, didn't know the details of Butler's investigation and contends she did nothing wrong.

Her lawyer, Pamela Lauser, told ABC News, "In the process of the divorce, the children were constantly telling her that [Dave] was driving while he was drunk and often had containers in the car. She felt no one in the legal system was paying attention to her."

The lawyer added, "He was a womanizer, a drinker and completely misbehaved."

Copyright 2011 ABC News Radio

Friday
Jul222011

Arnold Schwarzenegger Responds to Maria Shriver's Divorce Filing

Lee Celano/WireImage(LOS ANGELES) -- Arnold Schwarzenegger is attempting to block his estranged wife Maria Shriver's bid to receive spousal support, according to documents obtained by TMZ.com.

In the response to Shriver's divorce filing, the actor and ex-California governor indicates that he does not want to pay her spousal support.

Schwarzenegger also states that he wants each side to pay his or her respective legal fees.  Shriver has requested that Schwarzenegger pay her attorney fees in addition to spousal support.

Both sides are seeking joint custody of their two sons, ages 17 and 13.  TMZ notes they don't have a prenuptial agreement, meaning Shriver is entitled to half of the assets they acquired during their marriage, under California law.

The ex-couple announced their separation in May.  Schwarzenegger later admitted he'd fathered a child with his housekeeper.  Shriver subsequently filed for divorce.

Copyright 2011 ABC News Radio

Monday
Jul182011

Couple Allegedly Kidnaps Man to Force Him to Grant Jewish Divorce

Comstock/Thinkstock(TRENTON, N.J.) -- A middle-aged Jewish couple has been charged with luring an Israeli man to their suburban New Jersey home and allegedly holding him hostage until he agreed to grant his wife a religious divorce.

David and Judy Wax, 49 and 47, were scheduled to appear in federal court in Trenton on Monday, face up to life in prison for kidnapping if convicted.

According to the criminal complaint, the Waxes convinced the victim, known only by his initials, Y.M.B, to come to their Lakewood home in the early morning hours of Oct. 17, 2010 to discuss the Talmud. After he arrived, two unidentified males jumped him in a second-floor bedroom, punching him in the face.

After the attackers allegedly handcuffed, bound and blindfolded the victim, the victim said that he heard them say he had to grant his wife a divorce without receiving custody of the children. The victim said that David Wax then picked the victim's head off the floor, allowing him to see under the blindfold. Wax was wearing a white cowboy hat. "Do you like my hat?" asked Wax, before allegedly kicking the victim in the ribs.

The victim was also allegedly shown a body bag and told "that if he did not comply, he would be buried alive in the Pocono Mountains," according to the complaint. The Poconos are a popular resort area in Eastern Pennsylvania. Wax allegedly laid the body bag on the victim and said, "For you to get used to the size."

The victim and his ex-wife had been engaged in a contested divorce in Rabbinical court in Israel. The victim had moved to the United States, where he continued to refuse to give his wife a "get," a divorce under Orthodox Jewish law. A "get "would permit her to remarry.

According to the alleged victim, he was held hostage for several hours and threatened with harm if he didn't verbally consent to the "get." The victim said that he consented to the divorce within the first half hour of his captivity, but was forced to consent to the divorce again and again in both English and Hebrew. He was also told that his father in Israel had to pay $100,000 to his ex-wife.

At 3:00 a.m., David Wax and the victim allegedly went by taxi to an ATM to attempt to withdraw money.

According to the complaint, the taxi driver told the men that a car was following the taxi. Wax said he was aware of the car. He allegedly told the victim that he had an "Italian team" in the following car who would take victim to the Poconos and bury him alive. Wax also allegedly called the victim's father in Israel and threatened him with a "special gift...called a bullet...in your head" if he didn't cooperate. He also said that others had wanted to give the victim "to mice in the mountains to eat him," but that the son had been spared because he agreed to the divorce.

According to the complaint, Judy Wax then drove the victim to his cousin's house in Brooklyn, New York and dropped him off.

Mitchell Ansell, attorney for David Wax, said that his client is not guilty and has always maintained his innocence. "He has no history of violence or criminal behavior, and he is the father of eight children. We're confident that when all the facts are made public that he will be cleared of these charges and his good and honorable name will be restored."

An attorney for Judy Wax did not respond immediately to a request for comment.

Copyright 2011 ABC News Radio

Wednesday
Jul062011

Schwarzenegger to Give Maria Shriver a 'Generous Settlement'

Lee Celano/WireImage(LOS ANGELES) -- Arnold Schwarzenegger is planning to give Maria Shriver a "very generous divorce settlement" that will be beyond what is required under California law, reports RadarOnline.com.

A source revealed to Radar, "Arnold realizes he is to blame for the collapse of his marriage.  Maria was a loving wife and mother, and he doesn't think that any amount of money can minimize what he has put her through."

With Schwarzenegger’s fortune estimated to be between $400 million and $700 million, Shriver could receive several hundred million dollars.

The source added, "This is going to be a very amicable divorce, and it won't be played out in the media.  Neither one of them wants that.  Arnold hasn't lost his mind, he is going to be giving away his fortune to her.  He wants to show his children that he is taking responsibility for his actions."

Shriver filed for divorce last week.  Schwarzenegger is expected to file his response to Shriver's petition within the next two weeks, as required by California state law.

Copyright 2011 ABC News Radio

Friday
Jul012011

Maria Shriver Divorcing Arnold Schwarzenegger

Chelsea Lauren/FilmMagic(LOS ANGELES) -- ABC News has learned that Maria Shriver has filed for divorce from former California Governor Arnold Schwarzenegger after 25 years of marriage, citing irreconcilable differences. The filing comes after Schwarzenegger's admission that he fathered a son with their former housekeeper. 

Shriver is asking for joint custody of the couple's two minor children and spousal support.

Copyright 2011 ABC News Radio

Thursday
May192011

Schwarzenegger’s Mistress Split from Husband Weeks After Giving Birth

Myspace(NEW YORK) -- The woman with whom Arnold Schwarzenegger secretly fathered a child more than a decade ago separated from her husband just a few weeks after the secret child was born back in 1997, reports People, and filed for divorce in 2008.

According to court documents obtained by the magazine, when Mildred Patricia Baena filed for the divorce, the papers indicated that her then-husband, Rogelio de Jesus Baena, was not the father of her child, even though the birth certificate stated that Rogelio was the dad.  The documents don't indicate why Mildred waited 11 years to file for divorce, but they do state that the reason was “irreconcilable differences.”

Known as Patty, Baena reportedly worked in Schwarzenegger and Maria Shriver's home as a housekeeper and assistant for more than 20 years.  Her son, who has not been identified, is believed to be about 14 years old.

According to The New York Times, there was a period 14 years ago when Baena was working, while pregnant, at the Schwarzeneggers' Brentwood, California mansion during the same time that Shriver was pregnant with Schwarzenegger's son, the youngest of their four children together.

Neither Mildred Baena nor her ex have made any public comments since ABC News confirmed her identity on Tuesday.

In related news, Schwarzenegger's estranged wife, Maria Shriver, has hired divorce lawyer Laura Wasser, according to People magazine.  Even so, a source says Shriver has not yet decided whether she'll pursue a divorce from her husband of 25 years.

Copyright 2011 ABC News Radio

Thursday
May192011

The Seven-Year Itch Is Still Alive and Well, Census Shows

Jeffrey Hamilton/Digital Vision/Thinkstock(WASHINGTON) -- A new Census Bureau report shows that after seven years, some married couples are itching to go their separate ways.

The problem for the unhappy spouses, according to the government, is that the break-up usually doesn't become final for another year. 

The 2010 survey found that the median period for first-time married couples who eventually divorce is seven years, while the median time for the legal end of their unions is eight years.

Meanwhile, the Census Bureau found that 75 percent of people in their first marriages are still together.

The survey also shows that people married for a second-time make up eight percent of all couples, while people in their third marriage comprise one percent.

While fewer Americans are getting hitched these days, the longevity of marriages appears to be on the increase.  The Census Bureau says that 55 percent of marriages have lasted 15 years or more while a third have made it to their silver anniversary.  Six percent of all married couples have managed to stick it out for 50 years or longer.

Copyright 2011 ABC News Radio

Wednesday
Feb022011

Woman Stands by Husband Accused of Plotting Her Murder

Photo Courtesy - ABC News(HOUSTON) -- A Houston woman, who has survived three attempts on her life, is now standing by her husband, who's been indicted in the alleged crime.

Jeffrey Stern's 38-year-old mistress, Michelle Cabrera Gaiser, was arrested and charged with plotting to kill his wife. Four other people were also arrested for their involvement in the crime.

After her husband's arrest, Yvonne Stern filed for divorce, citing adultery by her 53-year-old husband. But just months later, she changed her mind and the couple reconciled.

Jeffrey Stern's lawyer, Paul Nugent, told reporters that his client apologized to his family for the affair.

"The only thing Jeff is guilty of is having had a marital transgression," said Nugent. "Let me be perfectly clear, Jeff Stern is innocent of these charges."

The first attempt to kill Yvonne Stern was a drive-by shooting at their home in February 2010. Two months later, in April, someone rang the doorbell and when Yvonne Stern came to the door, a man shot at her through the glass. 

According to Nugent, Jeffrey Stern took precautions to fortify his house and protect his family, hiring a retired police officer to advise him. The family then moved to an apartment for safety.

But a gunman tracked Yvonne Stern down there as well. In May 2010, Stern was sitting in the driver's seat of her car in the parking garage at their apartment. A man approached her window with a gun leveled at her head. She begged and pleaded through the window. The gunman had a change of heart and lowered the gun from her head and shot her in the stomach. She slumped over, played dead, and then, bleeding, drove herself to the nearest gas station for help, according to her lawyer, Chip Lewis.

So why would Mrs. Stern stand by her husband, who is one of five people charged in the conspiracy?

"She is without a doubt convinced that he got involved with a woman who, for whatever reasons, through whatever grandeur delusions, psychosis, whatever it may be, believed that she needed to get rid of Mrs. Stern. And that is where the prosecutor and Mrs. Stern differ...she doesn't believe he had anything to do with planning the attempts on her life," said Lewis.

Mr. Stern is free on one million dollars bond. If convicted, he faces five to 99 years or life in prison and a fine of up to $10,000.

Copyright 2011 ABC News Radio

Wednesday
Oct062010

Couples With Daughters More Likely To Divorce

Photo Courtesy - Getty Images (NEW YORK) -- Little girls may be sugar and spice and everything nice, but having a daughter might boost a couple's risk of divorce, according to census data.

Not only did researchers find that couples with sons are more likely to stick together, but they also discovered unmarried pregnant couples are more likely to have shotgun weddings if the baby was going to be a boy. They also found divorced mothers of boys are more likely to remarry and stay remarried. Does this mean that daughters are matrimonially risky and sons are marriage saviors?

Not so fast, psychologists say. In the original 2003 research on the topic, economists Gordon Dahl, from the University of California-San Diego, and Enrico Moretti, at UC Berkeley, found that couples with a first-born girl were about five percent more likely to divorce than parents of a first-born boy.

When there are as many as three daughters that difference spiked to 10 percent. Given that the researchers drew U.S. Census data from more than three million adults, it's likely this effect is not just a statistical fluke, but the hows and whys of this phenomenon are open to debate.

From one perspective, there could be something about boys that makes parents want to stick it out, either because they enhance marital relations or make the prospect of a fatherless home more frightening.

More recently, however, psychologists have debated whether daughters might make mothers more willing to leave a bad marriage because they provide social support that empowers their mom.

Copyright 2010 ABC News Radio

 

Monday
Sep272010

More Women Say 'I Do' to Prenups

Image Courtesy - Getty Images(CHICAGO) -- For at least half of the population, matrimony doesn't come with a happily ever after. And, when it's time to determine who gets the castle and the dowry, it's up to the judge to dictate how to spread the wealth. Unless your finances are protected with a prenup.

In the last five years, more divorce attorneys reported a spike in requests for prenuptial agreements. In a poll, 73 percent of the 1,600 attorneys that are members of the American Academy of Matrimonial Lawyers reported an increase in the contractual documents that specify how marital assets should be divided should a divorce happen. And, 36 percent of attorneys saw a rise in the inclusion of pensions and retirement funds in prenups.

"People recognize it's not just for the rich and famous but it's important for people for a multitude of reasons. It could be important to protect a spouse in the marriage if the spouse entering in the marriage has lack of debt,"says Marlene Eskind Moses, president of American Academy of Matrimonial Lawyers.

Copyright 2010 ABC News Radio

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