Olivier Martinez Steps Out Without His Wedding Ring After Halle Berry Refiles …

29 Oct 2015 | Author: | No comments yet »

Halle Berry, Olivier Martinez Divorce: “They Both Have Major Tempers”.

The Extant actress, who announced her split from the French actor on Tuesday after two years of marriage, submitted new court documents to dissolve their union for the second time this week using their real names following speculation her original petition, which was filed on Monday, could be ruled invalid because she used aliases and handed her estranged husband the legal papers herself, which is forbidden under Californian law. After Halle Berry refiled for divorce from her husband citing “irreconcilable differences,” the 49-year-old was spotted out and about in Beverly Hills.The pair has reportedly decided to call it a day because of their differing work commitments and their unhappiness at the amount of time they spend apart from each other. “It is with a heavy heart that we have come to the decision to divorce,” the exes said in a statement on Tuesday. “We move forward with love and respect for one another and the shared focus of what is best for our son.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. It is not yet clear why the 49-year-old star felt it was necessary to file the papers again, as Olivier also submitted a petition of his own on Tuesday, but she lists their full names in the new documents, according to gossip website TMZ.com.

We wish each other nothing but happiness in life, and we hope that you respect our and, most importantly, our children’s privacy as we go through this difficult period.” Aubry that has caused one of the main sticking points for their marriage. Meanwhile, a source claims the Oscar winner is “very sad” about their split, but ended their relationship due to his alleged “explosive temper”. They had planned to move to Europe, but a custody agreement forced Berry to stay in Los Angeles and therefore relocated Martinez there too, apparently against his wishes. The friend also claims Olivier was “intimidated” by Halle because she “was the breadwinner”, adding: “He was emasculated by her beauty and her power, and his temper could erupt.”

However, the ex-couple, both 49, also frequently had arguments, according to an unnamed source speaking to People. “They have had many issues… …they both have fiery personalities and don’t like to compromise. 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.

Halle has threatened to file for divorce several times after arguments.” “They had an incredibly passionate bond with one another, but with that comes big highs and lows. Two extreme tempers and people that love to fight.” Berry was previously married to baseball player David Justice from 1993 to 1997, and to R&B singer Eric Benet from 2001 to 2005.

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. Now I like Louie Lightfoot!” And while Martinez isn’t quite as open with his personal life, he once hinted at wanting more children with Berry someday soon.

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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