Another celebrity divorce is in the news. This time Scarlett Johansson from her French husband, Romain Dauriac. According to lawyers for Mr. Dauriac the parties were in the middle of private negotiations when Ms. Johansson filed the Complaint for Divorce. If this is true, one might wonder why she filed the Complaint for Divorce. An educated guess would be that the filing was to preserve jurisdiction of the matter in New York State given that both parties are seeking residential custody. Mr. Dauriac is French and reports have indicated that he would like to move back to France with the parties’ daughter. While he may be ultimately successful in that wish, by filing in New York Ms. Johansson at the very least through her filing has assured herself that an American court will be hearing the issue if settlement negotiations fall through.
Custody is not the only reason to file a Complaint for Divorce while settlement negotiations are ongoing. Issues of support and equitable distribution can also be affected by the timing of the filing of a Complaint for Divorce. If you or someone you know has questions about divorce, please contact one of our experienced family law attorneys at IANDOLI & EDENS at (908) 879-9499 for guidance through the process.
http://people.com/movies/scarlett-johansson-divorce-filing-not-hostile-act/