Few in California are likely to argue with the proposition that our ideal view of marriage is one of wedded bliss. We are given these notions through the romanticized hopes that are at our cores as human beings.
Truth be told, a lot of us have idealized views of divorce, too. Even though the reality of divorce is marking an ending of a union, the objective in most cases is to make a clean break for the positive goal of starting life anew. To that end, a lot of people want the divorce to be done and over with as quickly as possible. But even with the help of a “get-to-business” attorney, there are things that can get in the way, dashing the hope of a swift and cost-effective divorce resolution.
Exhibit A for this argument may be the case of Rosendale v. Rosendale. It’s the story of an Orange County couple whose divorce was finalized in 2001. And yet, court battles continue to this day – more than 12 years later. The last round of the struggle occurred in August. The next hearing in the matter is scheduled for family court Oct. 17.
The point of friction in the case is the ex-wife’s claim that she needs spousal support. On its face, one would think that this matter has been settled – more than once. According to records, the Rosendales had a prenuptial agreement in place at the time they were married that provided for her to receive $100,000 in the event of divorce. In exchange she was to waive all rights to support.
The argument she is makes is that the agreement, drafted by her attorney at the time, is invalid because the attorney was later convicted of practicing without a license. At various times since 2001, various courts have weighed in on the issue of enforceability of the agreement. Two courts in the early going said it was. Two other courts later said it wasn’t. And so the ex-spouses find themselves still haggling, more than 12 years later.
The lesson here is, regardless of our dreams of simplicity, family law can lead to difficult and drawn out disputes. It’s important to seek and find an experienced attorney dedicated to working to achieve your best interests swiftly, however long it takes.
Source: The Orange County Register, “Rosendale v. Rosendale: Divorce case stretches to 12 years,” Greg Hardesty, Sept. 8, 2012