David Duchovny and Tea Leoni Split

Actor David Duchovny best known for his movie roles on X Files and current television role Californication has separated from his wife of 14 years, Tea Leoni.

Tea is a star in her own right with successful movie roles in Spanglish, Jurassic Park III, The Family Man, Deep Impact, Fun with Dick and Jane, Spanglish, Bad Boys and Ghost Town. She is set to appear opposite Ben Stiller, Matthew Broderick, Eddie Murphy and Casey Affleck in her upcoming role in Tower Heist, set to release on November 4, 2011.

The couple has been married since 1997, with a brief split in 2008 when Duchovny checked himself into rehab for sex addiction. He completed his treatment in October of that same year and he and Tea reunited soon after.

The couple has a daughter Madelaine, 12, and a son Kyd, 9. No word whether the couple will file for divorce or what type of child custody arrangements will be made for the children.

Child Custody in California

Child custody is often one of the most widely contested, emotional and difficult issues in a divorce. How will the courts decide child custody issues if Duchovny and Leoni do get divorced? The courts will evaluate a variety of factors and may decide from either of the following common arrangements: joint legal custody, joint physical custody, or sole custody.

California courts have wide latitude to make custody arrangements, but the ultimate goal is to determine what is in the best interest of the child. To make their decision the courts will evaluate the following factors:

• The welfare, safety and health of the child
• Whether either parent has a history of abuse
• The nature of the contact of the parent and the child
• The habitual or continual illegal use of controlled substances or habitual or continual abuse of alcohol by either parent.
• Any other factors the court finds relevant.

(Based on California Family Code – Sections: 3010, 3011, 3040)

Filing for divorce in California

Couples who seek to dissolve their marriage in California may do so if they can prove either irreconcilable differences which are so severe that their marriage is irretrievably broken or if one couple is proved to be incurably insane (Based on California Family Code – Sections: 2310).

Couples seeking separation must establish the same grounds as divorce, and they also must meet the same residency requirements. California divorce law varies from other states. Earnings accumulated after a legal separation in California remain the separate property of the individual who accumulated or earned them (Based on California Family Code – Sections: 2310, 2320, 772).

Hiring a California Divorce Lawyer

Hopefully Leoni and Duchovny can reconcile and put their family back together, but if they don’t most likely they will hire a divorce lawyer to ensure their interests are protected in the divorce process.

State laws vary and complex issues such as child custody, child support, property distribution, and spousal support should be discussed with a divorce attorney who understands California divorce law.

Divorce is always difficult, especially when there are two children and numerous marital assets which must be divided. Find a divorce lawyer who can make sure you and your family are protected during the divorce process.