Bijou Phillips divorce filing from Danny Masterson leaves legal questions: expert
Attorney Christopher C. Melcher said there's an ‘inconsistency’ in the divorce paperwork Danny Masterson's wife filed when she asked a court to end marriage just weeks after he received lengthy prison sentence.
Danny Masterson responded to Bijou Phillips' initial divorce petition by filing his own paperwork in a Santa Barbara courthouse.
The 47-year-old actor requested a divorce on the grounds of "irreconcilable differences," in documents obtained by Fox News Digital.
In addition, Masterson requested Phillips, 43, receive physical and legal custody of their 9-year-old daughter, Fianna.
In September, the "That '70s Show" actor was sentenced to 30 years to life in prison after being found guilty in May on two counts of forcible rape. A jury was hung on a third charge.
DANNY MASTERSON'S WIFE, BIJOU PHILLIPS, FILES FOR DIVORCE
Danny Masterson has filed for divorce and requested Bijou Phillips receive full custody of their 9-year-old daughter. (Chelsea Lauren)
Phillips filed for divorce two weeks later, and requested Masterson receive visitation of their daughter.
Celebrity divorce attorney Christopher C. Melcher, partner at Walzer Melcher & Yoda, notes that while Masterson filed his own response, a court will make the final decision regarding a custody arrangement.
"Danny’s response states that he is fine with the court awarding custody of the child to Bijou, with visitation to him, but no order can be made on that issue unless there is a hearing or a settlement," Melcher told Fox News Digital.
"It’s no surprise that Bijou would have sole custody because Danny is serving a lengthy prison sentence and can only see the child when they visit him at prison. I assume the parties will be asking the court to approve a settlement of all issues."
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Fox News Digital contacted representatives for both Masterson and Phillips.
Danny Masterson and Bijou Phillips have been married for 12 years and have one daughter. (Michael Stewart)
Phillips, the daughter of John Phillips of the folk-rock vocal group The Mamas & the Papas and actress Genevieve Waite, also requested spousal support in documents obtained by Fox News Digital.
Masterson initially faced up to 45 years in prison for three counts of rape by force or fear, which occurred between 2001 and 2003 at his Hollywood Hills home.
Phillips was present throughout the retrial, and court sketches showed Masterson blowing a kiss to her before being led away after he was sentenced.
Phillips remained by Masterson's side during his rape retrial. (Myung J. Chun)
When Masterson was convicted of rape earlier this year, Phillips cried as the verdict was read, prompting the judge to reprimand her for her emotional outburst.
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"Danny and I have been together for 19 years. We married in 2011 and our beautiful daughter was born in 2014. She is the bright spot throughout many years of crises and uncertainty," Phillips wrote in a lengthy character statement in support of her husband after his conviction.
"I can say that Danny has literally been a life-saving partner to me."
The "Ranch" actor was on trial for the second time less than six months after his first ended in a mistrial in November.
Following sentencing, Masterson's legal team said they planned to appeal the court's decision.
Phillips wrote a lengthy character statement in support of her husband after his conviction. (Myung J. Chun)
When asked for comment on the sentencing, the Church of Scientology, of which Masterson is a member, referred to the same statement it provided to Fox News Digital in May, claiming that the introduction of religion into Masterson's trial violated First Amendment rights.
"The Church has no policy prohibiting or discouraging members from reporting criminal conduct of anyone — Scientologists or not — to law enforcement," the statement reads. "Quite the opposite, Church policy explicitly demands Scientologists abide by all laws of the land. All allegations to the contrary are totally FALSE. There is not a scintilla of evidence supporting the scandalous allegations that the Church harassed the accusers. Every single instance of supposed harassment by the Church is FALSE and has been debunked."
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Fox News Digital's Lauryn Overhultz contributed to this report.
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