So what's the deal with Donny Jr and Vanessa halting their divorce?

[Siwsan]

Yea, it's the 'Daily Mail' but it seems they got a hold of the court papers. I have absolutely no knowledge about the divorce process, so maybe this is just some sort of tactic??

EXCLUSIVE: Donald Trump Jr and wife Vanessa Haydon withdraw divorce papers just days before the couple was set to legally finalize their split after 14 years of marriage and five children

Donald Trump Jr and wife Vanessa Haydon have halted the legal proceedings in their divorce.

Court records obtained by DailyMail.com reveal that Don Jr and his estranged wife both signed a stipulation of discontinuance, and that the case has now been disposed.

The couple was set to finalize their split in court on February 28, 14 years after they said 'I do' in front of family and friends at the Trump family's Mar-a-Lago estate in Palm Beach.

Don Jr and Vanessa currently share custody of their five children - Kai, Donald III, Tristan, Spencer and Chloe.

more at: https://www.dailymail.co.uk/news/article-6733993/Donald-Trump-Jr-wife-Vanessa-Haydon-withdraw-divorce-papers-days-finalzing-split.html

[hlthe2b]

1. Somebody needs to assure that "marital" silence... n/t

[uponit7771]

2. +1

[Siwsan]

3. Doesn't 'spousal privilege' end, once a legal separation is filed?

Again, my entire knowledge of marital and divorce law comes from watching 'Law and Order' and 'Boston Legal', so.........

[hlthe2b]

4. Exactly...

[matt819]

6. I'm going to guess that this exchange came up in the negotiations

Vanessa: I'm going to spill the beans.

Don, Jr.: Divorce? What divorce?

[Ms. Toad]

14. As long as the beans aren't privileged communications,

staying married will not prevent her from testifying if she wants to.

During marriage, she is permitted (but cannot be forced to) testify against Don Jr. in a criminal matter as to everything but confidential communications made during the marriage. Don Jr. can only prevent her from disclosing confidential communications made during the marriage - and he can prevent her from testifying as to those communications forever.

(Based on general principles of marital privilege/incompetence. Different states have different variations of the laws/rules)

[Ms. Toad]

10. There are (generally speaking) two types of "privileges"

One pertains to communications made during the marriage - that privilege continues forever, and can only be waived by the party against whom the other would give testimony. Generally speaking, all communications made while married that were not made in the presence of a third party are privileged.

The second is generally treated as a presumed incompetence (i.e. each spouse is presumed to be incompetent to testify against the other in a criminal matter). It only exists during marriage, but it applies to both communications and actions, whether they occurred before or duing the marriage. It can be waived by the testifying spouse (in other words wifey could testify against Don Jr. if she chose, but cannot be forced to testify against him after they are divorced)

So if criminal charges are likely - and wifey does not want to be forced to testify as to actions and unprivileged communications made during or before marriage - they need to stay married.

(Everything is qualified with "generally," since these are state laws or rules, so there will be variations from state to state. My summary is primarily based on Ohio law.)

[Siwsan]

18. Thanks!

I love learning from my friends on DU!

[EveHammond13]

5. will this come as an unpleasant shock to Kim Guilfoyle? they are supposedly engaged

[Siwsan]

7. Maybe they are setting the groundwork for a new reality show.

They could call it 'Trump the Guilfoyle'.

[eissa]

8. Their divorce has been finalized

according to several news outlets.

[Siwsan]

12. I read that the agreement was finalized but the divorce, itself, was to be finalized on the 28th

So, if this is the latest, I'm wondering if Donny Jr is anticipating some sort of legal issues that might be financially mitigated if he signs stuff over to his wife, despite the estrangement.

[hlthe2b]

9. Well, it seems the dailymail is wrong on this: "Donald Trump Jr. divorce a done deal"

Donald Trump Jr. and Wife Vanessa Trump Finalize Their Divorce After 13 Years of Marriage
https://people.com/politics/donald-trump-jr-and-wife-vanessa-finalize-divorce/

Donald Trump Jr. and Vanessa Trump Finalize Their Divorce
https://www.eonline.com/news/1017355/donald-trump-jr-and-vanessa-trump-finalize-their-divorce

Donald Trump Jr. divorce a done deal
https://www.nydailynews.com/new-york/ny-metro-don-vanessa-divorce-20190222-story.html


Guess the "nasty" from Faux is irresistable...

[Siwsan]

16. Could be, but can it be rescinded prior to the legal 'end date'?

I guess I was focused on them having obtained the legal documents. But, on reflection, maybe THOSE were then canceled out by yet another legal something or other.

Like I said - divorce proceedings are something with which I have zero experience/knowledge.

[Midnightwalk]

11. Rock and a hard place?

Spiltting assets vs spousal communication privilege?

[Siwsan]

13. That would be my guess

Nothing else really makes sense.

[TheBlackAdder]

20. 3 components of divorce: Termination of Marriage, Custody & Child Support, Spousal Support.

.

She'll probably get 50/50 division of assets, Child Support and long-term or permanent alimony.

.

[gldstwmn]

15. I thought I just read elsewhere that it was finalized.

Weird.

[Siwsan]

17. Absolutely weird

My only thought is, might finalizing a divorce agreement and the finalization of the actual divorce be two separate things??

[Mr. Ected]

19. In some jurisdictions, yes

A separation agreement can be approved by the parties, but until the judge signs the final decree and incorporates the terms of the separation agreement into it, the divorce is not final.

[muriel_volestrangler]

21. Daily Mail have change their wording a bit since you first posted the thread

To me, it looks a bit like nothing is 'contested' any more. But I don't know about divorce jargon, especially in the USA, and I suspect the Daily Mail writers don't either.

I'd ignore it, if I were you.

[Siwsan]

22. You could absolutely be right. I'll consider it a mild 'distraction'