Actress Halle Berry and Olivier Martinez Both File For Divorce

Halle Berry and her husband of two years, Olivier Martinez, filed for divorce within days of each other, according to an article in the New York Daily News. Ms. Berry filed using pseudonyms, but Mr. Martinez used their legal names. The couple share a two year old son, Maceo, over whom they will both be fighting for custody. This is Ms. Berry’s third marriage. She has a daughter from a previous relationship.

In New York, all divorce and family court matters are confidential. This means that only the parties and their attorneys are allowed to view the filed papers. However, the actual divorce or family proceedings in court are open to the public.  There are some limited exceptions, as one example, the Judge can close the courtroom to protect the children.

When you file for divorce, you are supposed to use your legal name. The court could throw out your summons and complaint if the wrong name is used. However, the court, with a proper reason, could allow you to file under a pseudonym.  But, it is up to the court to grant that.  Most likely just being a celebrity would not qualify to allow you to file under a false name. The reason would have to be to protect yourself, your family and your children.

The couple is now waiting to hear whose petition will be heard. For more information see:

http://www.nydailynews.com/entertainment/gossip/halle-berry-files-divorce-olivier-martinez-report-article-1.2413131