Photo of Sherri Shepherd and Lamar Sally from People Magazine
After reviewing the current media facts about the Sherri Shepherd and Lamar Sally divorce case, here are 5 actions that Sherri Shepherd and couples considering divorce should avoid.
1. Sherri filed for divorce without an attorney of record, with a child on the way, carried by a surrogate, and a potentially fraudulent pre-nuptial agreement after her husband already filed for a legal separation.
2. Do not file your divorce without counsel when parental responsibilities or substantial assets are at issue.
3. Do not file a second action when the other person already started court proceedings.
4. Try not to file anything before you have resolved everything.
5. Make sure there is no chance of a contested pre-nuptial agreement.
The facts from mainstream media like Extra and TMZ are my sources, just like you. I’m not making any claim to personal knowledge of the situation, but I have worked with clients on these exact issues.
Sherri’s matter is extremely complex because a surrogate is carrying their child. Sherri Shepherd and her husband Lamar Sally most likely have a separate contract with the surrogate regarding their parental rights before birth – such as attending doctor visits, assuring the prenatal health of the baby, etc.
In Colorado, the Court will not make any parental responsibility determinations while a child is in utero.
In Colorado, it takes 91 days to be divorced from the date the other party is served with the papers.
In New Jersey, things work a little differently.
Depending on how far along the surrogate is, the Court may delay a final hearing or determine property issues and enter the decree for dissolution and refrain from entering any parenting time orders to until the child is born.
Another situation is the Pre-Nuptial Agreement. It appeared Mr. Sally filed for legal separation and intends to contest the Pre-Nuptial he signed a mere three years ago as fraudulent.
The speculation is he thinks she did not properly disclose all of her financial assets when drafting the Agreement. It could also be that the agreement did not anticipate her latest increase in income and accelerated success, and he wants that piece to be included.
While it’s unclear if attorneys in Illinois, the state they were married, or in New Jersey where they reside and are divorcing, drafted the Pre-Nuptial agreement, I always advise consulting the original attorney before hiring new or different counsel to defend the original agreement.
IF there wasn’t proper disclosure of the assets at the time of marriage, it is worth admitting what wasn’t disclosed and attempt settlement around the issue before spending thousands more defending an omission.
Since the Sherri Shepherd Case is recognizable, I hope by discussing a few details, helps clients avoid the same mistakes.
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