Halle Berry and Olivier Martinez’s divorce is not getting off to the smoothest start, with her first filing the divorce documents under an alias, improperly serving Olivier, Olivier filing his own divorce documents, and Halle re-filing new divorce documents under her legal name, but one thing they won’t get into is a custody battle, if Olivier has his way.
A source explained why some attorneys prefer for their clients to be the petitioner in a divorce case:
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. It gives you that advantage.”
Halle reportedly filed the divorce documents under aliases for privacy reasons, but it turns out that isn’t exactly legal. A source close to Halle explained:
She filed first, but she didn’t draw attention to it. Halle filed under fake names to protect both them and their kids.”
Attorney Robert Brandt, who is not representing either Halle or Olivier, said this about filing under an alias:
[Filing under an alias] is kind of a grey area because you’re supposed to use your real name. But as long as she’s not using the fake name to commit fraud, she can probably get away with it.”
It’s surprising Halle’s attorney took that step given the apparent desire to be the petitioner.
One thing Olivier reportedly wants to avoid is a custody battle. He is said to have been “horrified” by the bitterness he saw between Halle and Gabriel Aubry in their custody battle over Nahla and saw the impact it had on their daughter. He doesn’t want that for Maceo.
From a financial standpoint, it doesn’t matter. Their prenup reportedly keeps their earnings separate, and spousal support is debatable, but one thing that cannot be waived is child support, regardless of the custody arrangement. Attorney Brandt explained:
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.”
Last I heard about the custody battle between Halle and Gabriel, she was trying to get his child support payments reduced. The trial started last July, but I don’t think the outcome has been publicly announced.
Since she outearns Olivier, it looks like she’s going to be writing more checks. I’m guessing the struggle over being the petitioner might have something to do with that?
Photos by FAMEFLYNET