Divorce Gate -The Deflation of Marriage



Despite any last-minute Hail Mary attempts, Tom Brady and Gisele Bundchen officially ended their 13-year marriage. It appears to have been an amicable split and the couple has miraculously finalized their case in record time.

How have they divorced already?

People seem shocked that they are divorced already as some celebrity and high-profile cases have dragged on for years. How can this be possible?

Iowa has a mandatory 90-day waiting period. However, in Florida, there is a 20-day waiting period. If, however, the parties can come to an agreement on all of the issues in their case and file a joint Petition for Dissolution of Marriage, an Answer, all the required Financial Affidavits, Child Support Guidelines, as well as Joint Stipulation for Dissolution of Marriage and Proposed Decree, then they could request that the Court waive the 20-day waiting period requirement.

For Tom and Gisele to already be divorced without the filing of the Petition, they likely filed all of their documents at one time and received a successful waiver of the 20-day waiting period. It appears that their lawyers had been negotiating a settlement behind the scenes for at least a month or so before filing the final documents with the Court.

Since we do not know all of the details of Tom and Gisele’s case, some speculation is called for. One bet would be an iron-clad prenuptial agreement. A prenuptial agreement declares before a couple is even married which property is to be separate from their spouse in the event of divorce or death. With a prenuptial agreement, there will be fewer joint assets and liabilities to distribute among the parties.


The other issue that seems to have been relatively uncontested was that of custody of the two minor children that Tom and Gisele share. Tom has often and openly discussed that he has not been there as much in terms of physical care for the children as Gisele has throughout his football career. A natural assumption is that Gisele was awarded primary physical care of the children shared with Tom, with Tom having liberal visitation with the minor children. This also likely means that Tom is paying Gisele child support for both children until they turn 18 and graduate high school, whichever occurs later. Another natural assumption is that Tom and Gisele share joint legal custody of the two children and that they will continue to co-parent on important decisions for the children in terms of school, religion, and extracurricular activities.

Tom also shares a 15-year-old son with actress Bridget Moynahan. As his son has spent a significant amount of time with his half-siblings from Tom and Gisele, there will likely be a visitation schedule that matches up with Tom receiving visitation with all three of his children during the same time as much as possible. This case is an excellent example of an amicable divorce, not only dealing with a property settlement but co-parenting among multiple parents from multiple relationships. A Super Bowl ring may not be involved here, but this settlement appears to be the Super Bowl of all divorce settlements based on the amicability involved.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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