Fergie Files for Divorce from Josh Duhamel

Almost two full years after the couple separated, the “Big Girls Don’t Cry” singer filed for divorce from the Transformers actor.

In September 2017, the couple announced they were ending their eight-year marriage. During these last two years, the couple has repeatedly stated that they get along well. Both Josh and Fergie have said that the other spouse is a good co-parenting partner for Axl, their 5-year-old son. 

But eventually, it is time to move on. In the petition she filed in Pasadena, Fergie asked the court to restore her maiden name, which is Stacy Ann Ferguson.

“Delayed divorces, like this one, are very common in California,” remarked San Francisco family law attorney Terry A. Szucsko . “Many people get along better after they separate than they did when they lived together.”

Timing is very important in these situations, she added. If a party goes to court too soon, that action could be extremely disruptive. On the other hand, waiting too long could create a knot of problems that’s difficult to unravel.

Informal separation cannot last forever. So, here are a few signposts to look for if you are in Fergie and Josh’s situation:

  • You Want to Date: Casual dating is usually not a good idea during a separation period, especially if children are involved. Serious dating is almost never a good idea, because you never know how far these things will go.
  • Financial Support Issues: When couples separate, they often make informal arrangements for things like alimony and child support payments. Many times, these arrangements also include expense-sharing. But these agreements are completely unenforceable in family court. So, if issues arise in this area, you may need to file for divorce sooner rather than later.
  • Agreement Reached: Most divorces settle out of court, especially if the parties are still on relatively good terms. Many people like to hammer out the details on their own before they get lawyers involved. Provided you make steady progress, that’s usually a good idea. But if you hit an impasse, it’s usually time to call a San Francisco divorce lawyer.
  • Property Division Issues: California has extremely complex community property laws. For example, if Husband and Wife own a rent house, depending on who did what and when, the house could be community property, Wife’s separate property, or Husband’s separate property. Likewise, rental income could also be community or separate property.

It is not always easy to pull the trigger on a divorce, but if your marriage is over from an emotional standpoint, a formal marriage dissolution proceeding is usually a good idea. Nothing else provides enforceable orders and a sense of closure.