The Long Island Medium star Theresa Caputo and her husband, Larry Caputo, are divorcing after 28 years of marriage.
Long Island Medium Divorces Husband
Theresa, 52, filed on April 16, 2018 after separating last December.
The TLC stars said, “After 28 years of marriage, we have decided to legally separate. We will always love each other and our two wonderful children. We are united in supporting each other and our family. Please respect our privacy during this time.”
Children
They share two adult children: Larry Jr., and Victoria. Because the children are adults, there is no need for any custody decisions.
Living Separately
After the divorce announcement in April, Theresa said the two were living separately – he in L.A. and she in New York — and were taking their relationship and any possibility of a reconciliation “day by day.”
In June, Larry revealed he’s in a new relationship now, saying, “I have moved on. I’m fortunate enough to say that I have met someone special. But I’ll just leave it for that now.”
“I’ve been here 9 months now,” he said. “The separation was a three-month trial period and we’ve moved on from that point. We’re in divorce proceedings. That’s been going on for the last six months. It’s not finalized, I don’t know when it will be. But that’s where we’re at. ”
“I know she’s doing well. I’m happy — we’ve moved on with our lives,” he added.
Deciding to Divorce
The decision to dissolve a marriage should never be taken lightly, nor should the process of deciding on marital property division, spousal support, child support or child custody rights. If you are considering filing for divorce in California or if you have been served divorce papers, your first course of action should be to contact the experienced attorneys at Divorce Lawyers Los Angeles.
The legal system can be confusing for anyone without an extensive legal background and family law cases in particular can become complicated and messy when not dealt with properly. Whether your California divorce case requires aggressive negotiation, mediation or representation at trial, hiring a knowledgeable attorney to represent your case can help ease any concerns you may have about the outcome of your case and may even help resolve your case more quickly.
What Divorce Means for You
According to statistics, nearly 50% of marriages in the United States end in divorce, or a dissolution of marriage, and whether your divorce is uncontested or contested – meaning you and your spouse disagree on one or more issues – it’s important to fight for what is rightfully yours once the marriage ends. A failed marriage can be emotionally and financially draining and taking the right steps at the start of a divorce can help you protect your own interests, your children and your finances. Divorces are always easier to get through when both parties make a good faith effort to work together to reach an amicable solution to any potential disagreements, but, sadly, this is rarely the case in today’s divorce proceedings. Because of this fact, hiring an attorney with experience handling California divorce cases should be your first step when considering divorce or after you have been served divorce papers.
Issues to Resolve
The most highly-contested issues that may arise in California divorce cases include:
Marital property division – California is a community property state, which means that the debts and assets a couple acquires in marriage belong to both spouses equally and must therefore be divided equally in divorce. However, this does not include either spouse’s separate property, which may include gifts, inheritances or property that the spouse owned prior to the marriage. Property division is usually one of the most highly contested aspects of a divorce. Unfortunately, there are many types of marital property that are not so easy to divide right down the middle. For instance, the family home, accrued employee retirement benefits, valuable items you received as gifts for your marriage, and family businesses are some examples of community property that is not easily split up. You may both want to keep the family home, or your spouse may want to sell the property and split the profit. It is these types of disputes that a prenuptial or postnuptial agreement can help avoid. In the absence of such an agreement, there are provisions in place in California’s divorce code that lay out how splitting up community property that cannot be divided equally should be handled. For example, if your spouse is awarded the family home, California law stipulates that you must receive property that is equal in value to the home.
Spousal support – Because California is a no-fault divorce state (described in detail below), proof of misconduct has no bearing on the judge’s decision to grant the divorce, but it can be relevant to the calculation of spousal support. After getting a divorce in Los Angeles, your entire life can change. In some cases, you may no longer be able to enjoy the same standard of living you did before your marriage ended, especially if your spouse earned more money than you. It is for this exact reason that the state of California has laws in place that, under certain circumstances, require a higher-earning spouse to make payments to a lower-earning spouse after divorce. Spousal support is a complicated legal issue requiring an intimate understanding of California family law and the inner workings of the legal system, and once a spousal support order is issued by the court, there are serious consequences for failing to adhere to it.
In some cases, spouses filing for divorce are able to reach a workable and amicable agreement in regard to spousal support payments, which means they do not have to appear before a judge and leave the decision up to the court. However, alimony is a hotly contested issue for many divorced or divorcing couples in Los Angeles and reaching an alimony payment agreement or settlement often requires the help of a knowledgeable family law attorney
Child custody and visitation – The presumption in most divorce cases is that it is in the best interest of the child to have continuing contact with both parents following a divorce. However, if the parents can’t agree on a parenting plan, the court will decide how they will share time with their children. If one parent is granted sole legal custody of a child in divorce proceedings, that parent holds the exclusive responsibility for making decisions related to the child’s education, health and welfare, though visitation rights may be granted to the other parent.
There are two main types of child custody under California law: legal and physical custody.
Legal custody (California Family Code § 3003) can be joint, in which both parents share the right and responsibility to make important decisions about their children’s health, welfare and education, or sole, in which one parent is granted the exclusive responsibility for making these decisions, though the other parent may still have visiting rights. It is the presumption of the court in most divorce proceedings that it is in the best interest of the child to have continuing contact with both parents. However, if the parents are unable to agree on a parenting plan, it is up to the court to decide how they will share time with their children. Parents with legal custody are responsible for making the major decisions or choices about their children’s schooling or child care, residence, religious activities, mental health needs, medical needs, travel and extracurricular activities.
Physical custody (California Family Code § 3004) can also be joint, which means the children live with both parents, or sole, which means the children live with one parent for most of the time and may schedule regular visits with the other parent. California law favors joint legal and physical custody when both parents can agree to it. If they don’t agree, the court will establish a parenting plan that is in the children’s best interests.
How to File for Divorce in California
California is a no-fault divorce state, which means that either party in a marriage has the right to file for divorce for no other reason than “irreconcilable differences,” and property settlements in CA divorce cases are not influenced by the behavior of either spouse, although child custody and visitation rights can be. Under California Family Code § 2320, in order for a judge to grant a divorce in California, one of the spouses must have been a resident of the state for six months, and in most cases, the individual seeking divorce must file in his or her county of residence, where he or she must have lived for at least three months. Once the divorce papers have been filed, California law dictates that the filing party must wait at least six months from the date the other spouse received the paperwork before the divorce can be finalized.
How an Experienced Divorce Lawyer Can Help
Not all divorce cases in California go to court. In some cases, couples can resolve their divorce disputes through negotiation or mediation, during which an attorney can make sure your best interests are being represented. Too often, couples filing for divorce believe they can handle the proceedings on their own and end up making a bigger mess of their situation than they started with. While we do encourage spouses filing for divorce to reach an agreement outside of court and try to avoid divorce litigation altogether, especially when children are involved, our experienced Los Angeles divorce attorneys can assist with every aspect of the divorce process and will aggressively represent your case before a judge if it comes to that. Whatever the circumstances surrounding your case, we still stand by your side and ensure that your legal rights are protected throughout the process.
Free Divorce Consultation in Los Angles
Divorce proceedings are not always simple and straightforward, especially when children are involved. In many cases, the consequences of a divorce can affect a person for the rest of his or her life, possibly resulting in a significant loss of financial support or reduced child visitation rights. A qualified divorce attorney however, can help you navigate the complex intricacies of family law and can negotiate the best settlement on your behalf. For more information about California divorce law and the divorce process, contact Divorce Lawyers Los Angeles for a risk-free initial consultation. Our main goal as divorce attorneys is to help you evaluate your options under California law and make informed decisions that protect your interests and legal rights. Don’t wait to get help, call our Los Angeles legal team today at (213) 550-4600.
Divorce Lawyers Los Angeles
5455 Wilshire Blvd
21st Floor
Los Angeles, CA 90036
Phone: (213) 550-4600
