Hilary Duff and estranged husband, Mike Comrie have gone public with their divorce and say that they plan on being amicable during the divorce process and raise their 22-month-old son, Luca together.
The pair's rep released a statement saying:
Hilary Duff and husband Mike Comrie have mutually decided to an amicable separation," Duff's rep says in a statement. "They remain best friends and will continue to be in each other's lives. They are dedicated to loving and parenting their amazing son, and ask for privacy at this time.
MStars News reached out to celebrity divorce expert and family law attorney, Bari Weinberger, from Weinberger Law Group in New Jersey to get a better understanding of what to expect from the celebrity couple's divorce.
1. Could Hilary Duff get a piece of Mike Comrie's Family's $500 million Fortune?
Since the couple reside in California, which is a community property state, their marital assets could be split 50-50. However, like many high net worth couples, odds are that Duff and Comrie signed a prenuptial agreement before getting married that spells out financial terms in the event of a divorce.
2. They have decided to share custody, but what will happen if Comrie ever decides to leave for Canada?
If Comrie is the child's custodial parent, he will need to obtain Duff's permission to move out of the country or convince a judge to grant an order allowing the move. If he is not the custodial parent, he can move without her permission. In both cases, the couple's custody arrangement can be revisited to determine if it still feasible and still in the best interest of the child. Duff and Comrie could enter mediation and negotiate to create a new arrangement on their own, or go to court. If Comrie does move to Canada, he also needs to obtain proper paperwork for crossing the border with his child, usually in the form of the child custody order and a letter from the child's other parent giving their permission for international travel.
3. Could Hilary be forfeiting her $1 million dollar engagement ring?
When an engagement ring is given before marriage, and the couple weds, the ring is generally considered the recipient's personal property if the couple ever divorces. If Hillary's ring was given to her at the time they were engaged, it's likely hers to keep.
4. Michael (without his family's fortune) is worth $5 million, and Hillary is worth $25 million, could she be paying for his alimony?
Prenuptial agreements can cover spousal support, so if the two do already have a prenup, it may include language that spousal support cannot be sought by either party. If they don't have a prenup, it could be the case that the lower earning spouse files for support.
5. How long do you think this divorce process will take even if the couple say it's an "amicable separation" and they will remain "best friends?"
It depends on so many factors, but if the couple is on the same page with most of their issues and are able to negotiate out of court, it may be a matter of months before they are officially divorced.
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