Sherri Shepherd And Husband File For Divorce In Different States
Sherri Shepherd and husband file for divorce in different states
A recent, high-profile divorce may highlight the importance of being aware of how state laws vary when it comes to divorce. Sherri Shepherd filed for divorce from her husband, Lamar Sally, in a state on the other side of the country. Her husband, however, filed in New Jersey.
Shepherd and Sally are currently expecting a son who is set to be born on July 28, 2014. The child is being carried by a surrogate and was conceived through Sally’s sperm and a donor egg, which means that Shepherd shares no biological ties with the unborn child. Aside from filing for divorce, Shepherd has requested that her parental rights to the child be severed. In the state where she filed for divorce, surrogacy agreements are not generally recognized.
New Jersey, where the couple lived together, does recognize such agreements, and in Sally’s divorce filing, he requested both full custody of their unborn son as well as child support from Shepherd. In order to accomplish this, he is also attempting to have the couple’s prenuptial agreement — which would grant Shepherd full custody of their son — invalidated. Despite not wanting custody of the child, Shepherd wants the prenup to stay in place, as it would only entitle Sally to a single lump sum of money in the settlement.
In this situation, it appears that both Shepherd and Sally have demonstrated that they were likely aware of specific state laws, in particular New Jersey’s likelihood of acknowledging a surrogate agreement. These kinds of specific state laws or precedents can play as either an advantage or disadvantage during divorce proceedings. While it is unlikely that child custody and support issues as complicated as these could be decided by mutual discussions or a mediator, proceeding with a divorce case in a state with laws favorable to an individual’s goals can be beneficial if the settlement must ultimately be decided by a judge.
Source: examiner.com, “Sherri Shepherd – Lamar Sally divorce complicated by unborn surrogate child“, Ruth Houston, July 15, 2014
