Eva Longoria Files for Divorce from Tony Parker

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By Jason Beahm on November 17, 2010 11:50 AM

Eva Longoria and Tony Parker are getting a divorce. Of course that's supposed to be a big rumor that we can all get excited about and speculate, speculate, speculate. Except TMZ kind of takes the mystery out of the whole thing when they just post the Petition for Dissolution of Marriage online. The Eva Longoria divorce petition was filed by Longoria in Superior Court of California, County of Los Angeles.

The petition cited irreconcilable differences. Longoria is seeking spousal support. They had been married since July 7, 2007, over three years. (That's equivalent to 17 years in Hollywood.) The couple does not have any children. The petition was filed under seal, but that didn't seem to have much of an impact on TMZ's ability to get a hold of it.

TMZ reports that Parker already filed his own papers in a Texas courthouse the previous day, citing two courthouse clerks who allegedly confirmed the report. The Eva Longoria divorce petition came as a surprise to some fans of the Desperate Housewives actress. There have been unconfirmed rumors that Parker was unfaithful to Longoria.

Filing for divorce is one of the first steps in the process of dissolving a marriage. For a couple with substantial assets, it is often a long and drawn-out process to divorce. The main legal issue is the division of property and finances. California is a community property state. That means that absent an agreement to the contrary, any property acquired before or after marriage or after permanent separation is considered separate property.

Any property acquired during marriage is community property. Any property acquired via gift, bequest, or inheritance is separate property. The characterization of an asset as community property or separate property depends on the source of the item, actions by the parties which may have changed the character of the item, and any statutes applicable to the item.

However in the Eva Longoria divorce, there is a prenuptial agreement on file, signed on June 21, 2007 and amended in June, 2009, so Longoria and Parker will rely upon that agreement for the distribution of assets.

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