Tom Brady and Gisele Bündchen could be heading for divorce: Legal experts break down their biggest obstacles

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Tom Brady and Gisele Bündchen took a “big step” by reportedly hiring divorce lawyers as rumors about their marriage continue to swirl.

Bündchen has reportedly been working with a divorce attorney for weeks as their marriage problems came to light. The former Victoria’s Secret model and Brady have been living separately, and Bündchen hasn’t attended any of Brady’s recent games.

Fox News Digital spoke to legal experts about the possibility of reconciliation for the couple and the biggest obstacles the two might face throughout the divorce process should the pair go through with it. 

“While it is always possible that a couple may reconcile once they have hired divorce lawyers, it doesn’t happen often,” Katherine Miller of Miller Law Group said. “Hiring lawyers is a big step, and when celebrities both hire lawyers and let that news be public, it probably means one or both of them feel that the rift between them is too great to heal.”

Gisele Bündchen wants a grand gesture “of support” from husband Tom Brady after they both reportedly hired divorce attorneys.
(Dimitrios Kambouris)

GISELE WAITING ON ‘BIG GESTURE OF SUPPORT’ FROM TOM AS RELATIONSHIP EXPERTS DETAIL WHAT WENT WRONG IN MARRIAGE

New York divorce attorney Sandra Radna further explained that once the lawyers are hired “the parties dig their heels in and continue.”

“This is usually when the decision to divorce has been made after significant soul searching and reaching the conclusion that there are no other good alternatives,” she added. “That being said, many divorcing couples have backed out of the process and reconciled.

“The reports seem to indicate that Gisele wanted Tom to make some career changes in order to spend more time with her and the children. If it’s not too late, those changes may result in a reconciliation.”

A source recently told People magazine that “Gisele has been talking to a divorce lawyer for a while,” however the supermodel “has not filed anything and is still talking to Tom about their issues.”

“This is not something that just happened today,” the insider added. “Many people talk to lawyers but don’t go through with it when the realities of money set in. But, in this case, both sides have plenty, and it isn’t one-sided, so it could be a different situation.”

Tom Brady and Gisele Bündchen, seen in 2019, are facing rumors of marital issues following 13 years of marriage.

Tom Brady and Gisele Bündchen, seen in 2019, are facing rumors of marital issues following 13 years of marriage.
(Steve Granitz)

Brady and Bündchen married in 2009 after beginning their relationship in December 2006. The start of their journey to love was also rocky. Brady’s ex-girlfriend Bridget Moynahan was pregnant with the football star’s first child at the time.

However, Brady and Bündchen enjoyed a 13-year marriage and share two kids together: Benjamin and Vivian.

From a legal standpoint, the biggest obstacle for Brady and Bündchen will be their children. 

“The most heart-wrenching part of the process is the children,” Radna said, noting that “this is true in almost all cases.”

TOM BRADY AND GISELE BUNDCHEN’S RELATIONSHIP THROUGH THE YEARS

“If Tom continues to play football, his schedule is very full, and he travels all over the country, which could be challenging when trying to arrange a parenting time schedule,” the “You’re Getting Divorced…Now What?” author added.

Miller agreed, explaining that there could be a dispute over where the children should live.

“The biggest obstacles are likely to be decisions about how to parent their children, and [there] may [be] a dispute about where the kids live if Tom and Gisele don’t want to live in the same city.”

Brady and Bündchen live in Tampa as the quarterback plays for the Tampa Bay Buccaneers. The two previously lived in Boston while Brady played for the New England Patriots.

Tom Brady and his family, including wife Gisele Bündchen, celebrate on the field after his seventh Super Bowl win.

Tom Brady and his family, including wife Gisele Bündchen, celebrate on the field after his seventh Super Bowl win.
(Kevin C. Cox via Getty Images)

“Tom and Gisele’s kids seem to have a good relationship with both parents and post divorce that will likely continue,” Miller said. “While the Brady-Bündchen divorce is likely to proceed in private, should they end up in a litigated custody dispute, the court will determine custody based on the best interests of the children. That decision will include the primary residence of the children as well as the visitation schedule.”

Brady and Bündchen’s work schedules will likely contribute to who becomes the parent with primary custody, Radna, an author and attorney, explained.

TOM BRADY AND GISELE BUNDCHEN’S MARRIAGE: IN THEIR OWN WORDS

“If Gisele is able to prove that she has more time to spend with the children because her schedule is more flexible than Tom’s, it is likely that she would be the primary custodial parent,” she told Fox News Digital. “Since both parents appear to be involved in the children’s lives, Tom would likely have a liberal parenting time schedule as agreed upon between the parties in order to maintain the consistency for the children.”

Amid ongoing reports that their relationship is struggling, new reports say Tom Brady and Gisele Bündchen have hired divorce lawyers.

Amid ongoing reports that their relationship is struggling, new reports say Tom Brady and Gisele Bündchen have hired divorce lawyers.
(Mike Ehrmann)

If a divorce were to happen, people shouldn’t expect to see any specific details to be revealed in the media. Those details will “highly likely” be kept private, according to Miller.

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“It is highly likely that the divorce will happen privately, and that the settlement will remain confidential,” she told Fox News Digital. “Neither Tom nor Gisele have anything to gain by creating a public spectacle of their divorce, and both have demonstrated discipline and focus. If they want to protect their children and their reputations, their divorce will be a confidential matter.”

However, if they can’t come to a reasonable agreement behind closed doors, Radna believes litigation would shed light on the potential back-and-forth.

Tom Brady and Gisele Bündchen have been fighting "trouble in paradise" rumors since before the start of football season.

Tom Brady and Gisele Bündchen have been fighting “trouble in paradise” rumors since before the start of football season.
(Taylor Hill/FilmMagic)

“If they can come to an agreement with the assistance of their respective attorneys, it will likely remain private without the terms disclosed. If it becomes a litigation in court, it is difficult for the parties to keep everything private.”

Source: Fox News


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