Wasser represented actor Johnny Depp versus Amber Heard in the summer's big Hollywood divorce case. The matter settled Aug. 16 with Heard reportedly promising to donate a $7 million settlement to charity and Depp reportedly making a first payment on that sum directly to the American Civil Liberties Union and the Children's Hospital Los Angeles.
"It was a very public and very ugly media war that Amber waged against him," Wasser said, that included domestic violence charges and a request for a restraining order, which Heard dropped. "We got him out from under her domestic violence claims, which she made right after filing for divorce in May while he was out of the country." The couple had been married for 15 months.
"It was a very comprehensive and confidential agreement, and it appears it was breached by her," Wasser said. "I don't think there will be major fallout from that. He wants to put it behind him."
High-pressure situations like that one test a lawyer. "There were a lot of long-distance phone calls," Wasser said, with Depp touring in Europe part of the time. "Between June and July, there was a media onslaught. It was tricky because evidence that would never be admitted in court was all over the internet, like video of Johnny throwing things around. When you represent people who are of interest to the public, how do you un-ring the bell?"
At least Wasser didn't have to worry about a jury pool. "In family law, you only have a judge," she said. "I have faith that judges won't be swayed by things that they see on TMZ. Still, it remains hard in a politically correct climate. Judicial officers want to be extra careful not to let anyone off due to notoriety."
Wasser said the case isn't really representative of her normal family law practice. "I continue to focus on mediated settlements and collaborative divorce," she said. "I try to find ways for families to continue sharing assets, as in keeping the house for the kids to live in while the parents move in and out." That approach, known in family therapy parlance as "nesting," puts vulnerable children first, Wasser said. "Parents are better equipped than the kids to deal with the inconvenience. I'm trying to make family law far less negative and incendiary."
She calls for California to adopt a divorce court sealing privilege like that on the books in New York state and in other jurisdictions. "I believe in the First Amendment, but the public interest in privacy and child protection is not outweighed by the public's ability to glean information about anyone they want," she said. "I have yet to hear a good reason not to do it."
— John Roemer
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