An expert told Us Weekly that the claims could be related to cheating or substance abuse, among other things.
According to documents obtained by Us Weekly, the Very Cavallari star, 33, cited “inappropriate marital conduct as renders further cohabitation unsafe and improper” as one of the reasons for her divorce from Cutler, 36. She didn’t, however, elaborate on what that meant in her filing on Friday, April 27.
“’Inappropriate marital conduct’ can include adultery, drug or alcohol abuse, abandoning the marriage, or cruel and inhuman treatment, among other possibilities,” the president of West Coast Trial Lawyers, Neama Rahmani, told Us exclusively on Monday, April 27.
The broad category of marital misconduct also includes desertion for a year, impotence, felony conviction, refusal to move to Tennessee for two years and irreconcilable differences in uncontested divorces. Other more serious offenses range from conviction of an “infamous” crime (which is specified by Tennessee law and includes bribery, forgery, incest and rape, among others) and pregnancy by a third party, to attempted murder and bigamy.
Rahmani explained that if the former couple don’t agree to a settlement before trial, “we will know what the allegations are” after Cavallari’s attorneys gather and present evidence of the “inappropriate marital conduct” to the judge.
Since the pair live in Nashville, Tennessee — with their three children, sons, Camden, 7, and Jaxon, 5 and daughter Saylor, 4 — Cavallari was required to “prove the reason for divorce,” because the state is a “fault divorce” region.
“Though Jay filed first cited ‘irreconcilable differences,’ that only works when the divorce is uncontested,” the lawyer told Us.
Rahani explained that since the Hills alum has requested primary custody of her children, “her lawyers need to prove that Jay was responsible for the breakdown of the marriage.”
He added that if the reality TV star “proves Jay was at fault” then it will affect the outcome of both the custody settlement and how much money, if any, Cavallari receives from the former NFL quarterback.
Although Tennessee jury trials are currently suspended due to the coronavirus pandemic, Rahani said that “there should be no delays in moving the divorce forward” since family law cases are decided by a judge.
A source told Us exclusively that the Uncommon James founder and the athlete have both accused each other of being unfaithful over the years.
“The word around Nashville is they really just don’t like each other anymore,” the insider said on Monday. “They would accuse each other of cheating, but nothing really solid.”
The Laguna Beach alum and Cutler announced their split via Instagram on Sunday, April 26, after seven years of marriage and 10 years together.
“We have nothing but love and respect for one another and are deeply grateful for the years shared, memories made, and the children we are so proud of,” the statement read at the time. “This is just the situation of two people growing apart.”
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