Woods' divorce could be confidential
Source: Agencies |
June 27, 2010, Sunday
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QUESTIONS about how a possible divorce between Tiger Woods and his wife would unfold have become the ultimate guessing game among celebrity watchers.
How much could a settlement be? Where might a divorce be filed? When could it be filed? What would it entail?
There are only so many ways to carry out a divorce settlement, experts say. The law provides guidelines that must be followed, and the couple can keep private some of the juicy details so many seem to crave.
"They can keep most any information out of court if they're both in agreement," said attorney Raoul Felder, who handled the divorce of former New York City Mayor Rudy Giuliani.
There's been talk of divorce ever since Woods crashed his car outside his central Florida home in November, setting off revelations that he was cheating on his wife, Elin.
Should a divorce take place, attorneys say, there are a slew of options for both parties.
The couple, who have a three-year-old daughter and a one-year-old son, will likely divorce in Florida. It's where their two primary homes are. The state's laws also make it easier for Elin to file and, because there is no state income tax, claim the most money. Sweden, where she is from, has higher taxes and is not as favorable. The same goes for California, where they also have a home.
Florida is a "no-fault" state, which means parties don't need grounds for divorce. Florida also has an "equitable distribution" law that requires courts to begin under the premise that assets should be divided equally.
"Courts recognize there's a balance of equity between the public's right to know and the privacy of a family. And because there are children involved, the court is always sort of a guardian of the children's best interests, said attorney Mark Jay Heller, who represented Jon Gosselin, of "Jon & Kate Plus 8" TV fame, in his divorce.
"Confidentiality is most likely even in Tiger's case,"
Elin is likely to walk away with a major pay day but maybe not as much as some have speculated.
Without a prenuptial agreement, she would be entitled to half Woods' assets earned since they were married -- not half his net worth, estimated at US$600 million last year. Woods made much of that before their 2004 wedding.
How much could a settlement be? Where might a divorce be filed? When could it be filed? What would it entail?
There are only so many ways to carry out a divorce settlement, experts say. The law provides guidelines that must be followed, and the couple can keep private some of the juicy details so many seem to crave.
"They can keep most any information out of court if they're both in agreement," said attorney Raoul Felder, who handled the divorce of former New York City Mayor Rudy Giuliani.
There's been talk of divorce ever since Woods crashed his car outside his central Florida home in November, setting off revelations that he was cheating on his wife, Elin.
Should a divorce take place, attorneys say, there are a slew of options for both parties.
The couple, who have a three-year-old daughter and a one-year-old son, will likely divorce in Florida. It's where their two primary homes are. The state's laws also make it easier for Elin to file and, because there is no state income tax, claim the most money. Sweden, where she is from, has higher taxes and is not as favorable. The same goes for California, where they also have a home.
Florida is a "no-fault" state, which means parties don't need grounds for divorce. Florida also has an "equitable distribution" law that requires courts to begin under the premise that assets should be divided equally.
"Courts recognize there's a balance of equity between the public's right to know and the privacy of a family. And because there are children involved, the court is always sort of a guardian of the children's best interests, said attorney Mark Jay Heller, who represented Jon Gosselin, of "Jon & Kate Plus 8" TV fame, in his divorce.
"Confidentiality is most likely even in Tiger's case,"
Elin is likely to walk away with a major pay day but maybe not as much as some have speculated.
Without a prenuptial agreement, she would be entitled to half Woods' assets earned since they were married -- not half his net worth, estimated at US$600 million last year. Woods made much of that before their 2004 wedding.
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