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Entries in katie holmes (2)

Monday
Jul232012

Divorce and Religion

Katie Holmes has filed for divorce from Tom Cruise in the state of New York.  Given her possible issues with the religion of Scientology, Retired Superior Court Judge in California, Eugene Hyman believes she will receive more favorable treatment by a New York Court.  So, how does religion play a part in divorce?

Judge Hyman says that religion in a divorce case comes up very infrequently but when it does, courts try to stay out of it because of the concerns with respect to the First Ammendment and a person's right to practice religion, and scientology is a religion.   If one parent feels strongly that a particular religion is not in the best interest of the child, the religion is not in of itself a determining factor.  The question is is how it's practiced and what is in the best interest of the child when talking about the religion and if it's being practiced in a way that's detrimental to a child.

In the case of Katie Holmes and Tom Cruise, there are two other children, from his previous marriage involved and one might wonder if that would have an impact on any decision a judge would make.  Judge Hyman says that if he were the judge on this case, he would want to know how the other two children were doing and if there was any odd behavior.  He would want to know what Katie Holmes observed during times spent with the other two children in terms of religious practice.  He would also want to obtain information from a psychologist and see if there were any detrimental effects if the child was exposed to the religion.

Judge Hyman adds that in the state of California, religious promises made in a pre-nup are not binding because of the best interest of the child standard and that standard is viewed at the time this is brought before in a court.

Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows.  For more information, visit www.judgehyman.com.  He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network.

Saturday
Jul212012

Can Divorce Documents Remain Private?

For celebrities, being a public figure comes with the territory.  The question is, what part of their private lives should remain private? 

No one likes airing out their dirty laundry and high-profile people are no exception.  That’s why most celebrities and high-profile figures keep the details of their divorce settlements private, especially when child custody issues are involved.   Unless it is a juvenile case, it is impossible to seal an entire judgment, according to notable retired Superior Family Court Judge of California Eugene Hyman.  With good, smart lawyers however, parts of the judgment can be sealed.

There are different laws in different states in terms of allowances of what and what cannot be filed in terms of a judgment.  Judge Hyman says that what can be done is to start with a basic document and that document makes reference to other documents that is the existence of other documents, without the specificity of what those other documents provide.

Another alternative to keep judgments private is going to private judges, through arbitration or mediation where orders are made by the arbitrators or mediators and these orders reference certain documents.  It takes some effort if both parties want things private but as soon as one says no, it’s public.

Regarding child custody issues, in the divorce case of Tom Cruise and Katie Holmes, if Tom wanted to hypothetically send their daughter Suri to scientology camp and Katie says no and it can’t be resolved themselves, they would need to go to a courtroom, decreasing the likelihood it would remain private.  Source: www.celebuzz.comValuations of a child would remain private but the decision a judge would make would likely be public.  Parties can go to a private judge to keep things private as well.

Typically, when there is a child involved, both parties usually want to keep things private, as this is in the best interest of the child.  When this is the motivating factor, it is more likely both parties will work together to achieve that.

Eugene Hyman is a retired Superior Court Judge of California for the County of Santa Clara.  In addition to his numerous appearances on tv news shows, he is a featured commentator with The Legal Broadcast Network.  For more information, visit www.familylawchannel.com and www.judgehyman.com.