Reality television star Evelyn Lozada has filed for divorce from former Miami Dolphins player Chad Johnson, formerly known as Chad Ochocinco, after only 41 days of marriage. The Basketball Wives star filed her petition in Broward County on August 14th, only three days after she accused her husband of domestic violence. In an emergency call made by a neighbor regarding the incident, Lozada can reportedly be heard stating Johnson head-butted her. Following the alleged altercation, Johnson was released from his position with the NFL team and a VH1 Reality show about the couple, who wed on July 4th, has been cancelled.
According to local police, the fight began after Lozada confronted Johnson regarding a receipt for condoms. The disagreement reportedly escalated and then became physical. Although Lodaza accused Johnson of initiating the violence, he stated she instead head-butted him. Lozada was treated at a local hospital for cuts to her head following the altercation. In a public statement, Johnson apologized for his behavior and stated he loved Lozado. The six-time Pro Bowler also said he planned on training hard in order to gain another chance to play in the NFL. In her petition for divorce, Lozada stated the couple had a premarital agreement in place. She also reportedly asked the court to require Johnson to pay her attorney’s fees and court costs.
Although no one expects to become divorced, entering into a prenuptial agreement is always a smart move. A prenuptial agreement is a contract that is entered into by a bride and groom prior to marriage. The agreement will specify exactly how a couple’s assets will be distributed in the event of a divorce or the death of one spouse. Because Johnson and Lozada entered into a premarital agreement prior to their wedding day, any questions regarding spousal support or other obligations will already be answered. Additionally, the often emotional divorce process will likely be less stressful on both parties. Too often, individuals with few assets fail to enter into a prenuptial agreement. Regardless of each spouse’s net worth at the time of the marriage, this is a decision many couples later regret.
Similarly, a postnuptial agreement can also make the divorce process easier on couples who choose to separate. Normally, a postnuptial agreement will outline exactly how a former couple’s marital assets will be divided and describe any agreed-upon spousal support obligations. A postnuptial agreement may also include provisions regarding child custody and support but such provisions are always subject to modification by a family law judge.
In the State of Florida, a trial court is not required to honor a prenuptial or postnuptial agreement provision that waives temporary attorney’s fees and costs. It is public policy in Florida that pre-divorce support may not be waived. Because of this, you should always speak to a divorce attorney regarding whether you need a temporary attorney’s fees and costs award.
If you are getting married or divorced in Florida, you should call Attorney Sandy T. Fox toll free at (800) 596-0579. He is a knowledgeable Fort Lauderdale family law lawyer who can help you negotiate and prepare a written prenuptial or postnuptial agreement. Mr. Fox is also available to advise you on other family law matters such as adoptions, name changes, spousal support, child custody and child visitation. To speak with an experienced lawyer who focuses exclusively on family law matters today, please do not hesitate to contact the Law Office of Sandy T. Fox.
More Blog Posts:
Miami Heat Guard Dwyane Wade’s Ex-Wife Must Travel to Florida for Visitation With Sons, Fort Lauderdale Divorce Lawyer Blog, August 7, 2012
Martin County Father Prosecuted for Failure to Pay Child Support, Fort Lauderdale Divorce Lawyer Blog, July 27, 2012
Additional Resources:
Evelyn Lozada files for divorce from Chad Johnson, Sun Sentinel and Tribune reports
Evelyn Lozada files for divorce, espn.go.com