By GetLegal.com

In January, 2010, John Edwards finally admitted to fathering a child, Frances Quinn Hunter, with a former campaign worker, Rielle Hunter, during his 2007 run for Democratic Presidential nomination.  Edwards had admitted to having an affair with Rielle Hunter in 2006, but denied being the father of her child.  In his tell-all book, “The Politician” Andrew Young, Edward’s campaign aide, reveals that shortly before the 2008 presidential primaries began, Edwards asked Young to take responsibility for fathering Hunter’s baby.  Later, Edwards asked Young to fake a paternity test that would prove Edwards was not the father.  Recently, Young alleges he is in possession of a sex tape of Edwards showing the senator with a naked pregnant woman that Young claims is Hunter. CNN Article

In 2007, during the course of Edward’s infidelities, his wife, Elizabeth Edwards, was diagnosis with stage IV breast cancer.  Despite Edwards’ affair and rumors of a love child, the couple remained together during the 2007-2008 presidential nomination campaign.  However, after Edwards’ January 21, 2010, admission that he fathered a child with his mistress, Elizabeth legally separated from him and intends to file for divorce after North Carolina’s mandatory one year separation.  CNN Article

New York has six grounds for divorce, four of which are based on the fault of one of the parties.  The fault grounds include cruel and inhuman treatment, abandonment for one or more years, imprisonment for three or more years, and adultery.  The other two grounds enable a divorce to be obtained on a no fault basis, meaning neither spouse will be judged to be at fault.  These grounds include one year of living apart under a separation judgment granted by a Court, or under a separation agreement signed by the parties.  See New York Domestic Relations law § 170.

The attorneys at Leeds, Morelli & Brown, P.C. know that getting a divorce can be a very difficult time for both spouses and their children.  Dealing with the emotional aspect further complicates the logistics of getting divorced.  The law firm of Leeds, Morelli & Brown, P.C. have represented clients in Nassau and Suffolk counties, Manhattan, Queens, Brooklyn, Bronx, and Staten Island.  For any questions concerning divorce or other domestic relations matters, contact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-888-585-4658. Leeds Morelli & Brown P.C.’s divorce website is located at www.lbdivorcelaw.com.

All couples have their share of disagreements; however there are extreme cases where things escalate too far and legal assistance becomes necessary.  On Christmas Day 2009 at 3:30 a.m., Charlie Sheen and wife, Brooke Mueller Sheen, had an argument that escalated into a death threat. According to an affidavit, Brooke Mueller Sheen told Sheen that she wanted a divorce and would get custody over their twin boys. At that moment, Sheen reportedly held a knife to her throat and stated: “You better be in fear. If you tell anybody, I’ll kill you…I have ex-police I can hire who know how to get the job done and they won’t leave any trace.”

In her 911 call, Brooke Mueller Sheen stated: “I thought I was gonna die for one hour.” Sheen denied threatening his wife with a knife or choking her. Sheen claimed that he and his wife were having marital problems and that she abuses alcohol.  Sheen also told police he that was very upset with her threat of divorce because of his prior experiences (with ex-wife Denise Richards) and surrendered a folding knife with a 4-inch blade. Fox News Report; CNN Report.

Under New York Domestic Relations law Section 170, a spouse may seek a divorce on the grounds of adultery, imprisonment, abandonment, cruel and inhumane treatment and “no fault conversion.” A spouse seeking to gain a divorce based on cruel and inhumane treatment must demonstrate that serious misconduct by the other spouse is endangering their mental or physical well-being.  Further, they must show that the conduct renders it improper or unsafe for the injured spouses to cohabit with the cruel spouse. Additionally, a court will examine the duration of the marriage as a critical factor when considering granting a divorce based on this ground.

As a domestic relation firm in New York, Leeds Morelli & Brown P.C. works to achieve successful divorce judgments that are in the best interests of their clients and their clients children.  The firm handles a full range of domestic relations issues including child support, child custody, spousal maintenance, as well as the equitable distribution of assets.  If you are seeking a separation agreement, divorce decree, or help with any other family law related issues contact Leeds, Morelli & Brown, PC at 1-800-585-4658 for a free consultation or view their web page at www.lmblaw.com.

Written By: Rodrigo C. Tordecilla

Another tragedy struck the country last week when former NFL star and 2003 NFL Co-MVP Steve McNair was murdered at a condominium McNair rented with a friend. His death was ruled as a homicide earlier but it is now considered to have been a murder-suicide.

Sahel Kazemi, McNair’s twenty-year-old girlfriend (whom police now believe was responsible for shooting him four times while he was sleeping before shooting herself), was said to have been distraught about accumulating financial burdens from two separate car payments and higher rent prices. She was also bothered by the belief that McNair was having an affair with a second woman according to friends.

Her family told reporters that Kazemi was so confident McNair was divorcing his wife that she was ready to sell her furniture and move in with him. However, McNair’s wife stated that she had no knowledge of Kazemi at all and it was also discovered that no records of divorce proceedings have surfaced. The McNairs have four children together.

Families that experience such losses sometimes have an uncertain future. The lawyers at Leeds Morelli & Brown, PC, located in Nassau County, New York, specialize in estates and make sure that these families are well taken care of. To schedule an appointment for free consultation regarding estate planning, please call 1-888-5-JOBLAW (1-800-585-4658).

Legal Blog 

The Associated Press reports that a mother in Western Pennsylvania is accused of drugging her thirteen-year-old daughter so that the mother’s boyfriend could impregnate the daughter without her knowing. The mother, thirty-two, is no longer able to have children, but still wanted to have a baby with her forty-year-old boyfriend. The mother has been charged with endangering the welfare of a child and the boyfriend is facing several counts of attempted rape. Like in Pennsylvania, it is against New York State law to endanger the welfare of a child. The law is New York Penal Law Section 260.10 - Endangering the Welfare of a Child.  http://wings.buffalo.edu/law/bclc/web/NewYork/ny3(b).htm.

There were three incidents that occurred in the mother’s home in Uniontown, about 50 miles south of Pittsburgh, according to the criminal complaint. The daughter informed the police the plot was apparently hatched sometime in December after she rejected her mother’s proposal that she allow the boyfriend to impregnate her and then marry him. In the following months, the boyfriend tried to rape the daughter three times. The first time, in February, the daughter was alone with the boyfriend while her mother went out to buy pizza, according to the criminal complaint. The boyfriend began groping her and she kicked him away, the documents stated. A few weeks later, the daughter believes her mother spiked her Pepsi with rum, according to police. The daughter informed them she felt ill after drinking the Pepsi, passed out and vomited. She was partially naked when she woke up with the boyfriend in the room, according to the criminal complaint. Read the rest of this entry »

     Divorce Lagal Blog

       36 year old Marie Douglas-David, a Swedish Countess, is claiming that a $43 million dollar divorce agreement (more then $53,000 per week!) is not enough to fund her to maintain the life style she is accustomed to.  Ms. Douglas-David, who married 67 year old George David in 2002, is attempting to have a postnuptial agreement that the couple signed in 2005 invalidated.  Ms. Douglas-David claims the agreement is the product of coercion by her husband after a turbulent period in their marriage.  George Davis is the former CEO of United Technologies Corporation and has an estimated net worth of $329 million. 

Ms. Douglas-David argues that $53,000 per week is inadequate to cover her expenses including weekly expenses including “$700 for limousine service, $4,500 for clothes, $1,000 for hair and skin treatments, $1,500 for restaurants and entertainment, and $8,000 for travel.”  Ms. Douglas-Davis also maintains “a Park Avenue apartment and three residences in Sweden.”  http://www.msnbc.msn.com/id/29760888/ Read the rest of this entry »

The recent allegation that Grammy Award winning pop star Chris Brown severely beat his girlfriend, singing sensation Rihanna, to the extent that she could not attend the Grammys on February 8 has captured national attention on the issue of domestic violence.  Rihanna was allegedly beaten so badly that it required hospitalization.  Chris Brown claims that he is deeply sorry and saddened for what he did and that he was influenced by his father beating him as a child.  While the two singers reportedly have a volatile relationship, theirs seems to have ended in a fit of domestic violence.  Read the rest of this entry »