Inside Halle Berry and Olivier Martinez’s Divorce: Her Alias, His Temper, and …

29 Oct 2015 | Author: | No comments yet »

Halle Berry’s divorce petition invalid?.

Los Angeles: Actress Halle Berry’s divorce petition may be ruled invalid because she used aliases and simply handed the paperwork over to actor Olivier Martinez.Fighting fire with fire! and announced their decision to divorce after two years of marriage on Tuesday, Oct. 27, and a source tells Us Weekly that the time leading up to their split was “very heated.” “It was non-stop fighting towards the end,” the source tells Us. “Two very hot-headed people.As and Olivier Martinez gear up for a potential divorce fight, everything from who filed for divorce first to allegations about Martinez’s temper could become factors in court.

Just one day after Olivier Martinez and estranged wife Halle Berry confirmed news of their split, the French actor was spotted leaving the Beverly Hills home they used to share Wednesday with his wedding band noticeably missing from his left hand. “Olivier is very upset about the divorce and this is not what he wanted.Sources close to the couple told People that while both of the stars had fiery personalities, Martinez’s “unpredictable temper” was the last straw for Berry. “Olivier comes from a world where he was easily intimidated by her ability to work and that she was the breadwinner,” the source told the mag. “He was emasculated by her beauty and her power, and his temper could erupt. The couple filed dueling petitions for divorce this week: Berry submitted hers under the alias “Hal Maria” on Monday and Martinez filed his own on Tuesday. In addition, a judge may also have to rule on whether the petition is legal as Berry used aliases, giving her name as Hal Maria, her estranged husband’s as Oliver Martin and their two-year-old son Maceo as Mac, reports tmz.com.

Olivier wants to see his son as much as he possibly can.” Martinez was in and out of the property within ten minutes on Wednesday, spending the brief visit barefoot before driving away in a vintage BMW, according to an observer. He is also currently in the middle of a $5 million lawsuit for allegedly shoving an empty car seat at a Los Angeles International Airport employee. “Olivier has definite anger management issues. Both petitions cited irreconcilable differences as the reason for the split, but while Berry asked for no spousal support for either her or Martinez, her “Dark Tide” co-star asked for the issue to be sorted out at a later date.

Filing separate petitions could be a play to gain an upper hand if the case moves to court, a legal expert says. “For tactical reasons, some attorneys want to file first because if you’re the petitioner and the case proceeds to trial, you get to put on the case first,” Robert Brandt, a family law specialist in California, tells PEOPLE. “It gives you that advantage.” A source close to Berry says she had other motivations. “She filed first, but she didn’t draw attention to it,” the source says. “Halle filed under fake names to protect both them and their kids.” Filing under an alias “is kind of a grey area because you’re supposed to use your real name,” adds Brandt, who is not representing either party. “But as long as she’s not using the fake name to commit fraud, she can probably get away with it.” And with Berry’s new petition, the case is back under both Berry and Martinez’s real names, though it’s unclear yet which of them will be ruled to be the petitioner. The quick stop comes the same week the duo filed dueling divorce papers – with both citing irreconcilable differences and listing their date of separation as Monday. Berry, who also has seven-year-old daughter Nahla with former boyfriend Gabriel Aubry, was previously married to baseball player David Justice for four years until 1997, and to singer Eric Benet from 2001 to 2005. Download the all new Zee News app for Android and iOS to stay up to date with latest headlines and news stories in Politics, Entertainment, Sports, Technology, Business and much more from India and around the world. If Berry and Martinez can’t agree on custody, Martinez’s violent episodes – including a 2012 brawl with Gabriel Aubrey, the father of Berry’s daughter Nahla – could be used against him, Brandt says: “In terms of child custody, absolutely.” He continues, “She can use that as grounds to claim he has a propensity for violence, but she really has to prove the violence directly affects the child.” However, if Martinez can prove that “he’s been a good dad and he’s been involved,” Brandt says his alleged temper “ultimately might not be that relevant.” Martinez’s ties to his native France could also become a point of contention in the divorce.

Lawyers for both parties will then spend time sorting out their individual estates with regards to their prenuptial agreement, which Berry states in her divorce petition allows her to keep all of her earnings and assets. “The prenup might have stipulations regarding spousal support, but I don’t think either one of them are financially desperate,” Brandt says, adding that spousal support could be waived altogether. Child support, on the other hand, cannot be waived, according to the lawyer, who says payments will be determined based on who makes more money. “If one party is earning significantly more income, they still might have to pay child support, even if that party has the child over half of the time.”

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