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Brangelina divorce: What happens next?

Maria Puente, and Andrea Mandell
USA TODAY

It's been a week since Angelina Jolie filed for divorce from Brad Pitt, thus upending widespread romantic notions about Hollywood's most "golden" couple. For seven days it's been one startling revelation after another. So what happens next?

Brad Pitt and Angelina Jolie have agreed to a temporary custody arrangement.

First up: Pitt has 30 days from the time Jolie filed her divorce petition (Sept. 19) to file his official response.  Also possible: A resolution of allegations now being investigated that he verbally and physically abused one of his kids.

His divorce response will be public record. The child-abuse investigation is not, and if the lawyers have their way, we may not find out for sure what happens on that issue — until it's leaked. Which, of course, is all too possible.

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No matter how much divorce lawyers protest that this latest mega-celeb divorce should be conducted outside the bear pit of the public courtroom, the pressure in the tabloid media to get the latest juicy details — and the need to win the public relations war — is too strong to resist.

What is likely to happen after Pitt files his response?

In most divorce cases, the divorce court would make a temporary spousal support order, but neither multimillionaire Jolie nor multimillionaire Pitt are likely to need money from the other, says Los Angeles divorce attorney Fahi Takesh Hallin of Harris Ginsberg.

"But they will need a temporary custody schedule and my intuition tells me they will be in court over that," Hallin says. "If the parties are able to resolve that amicably, it will be private. If they have to go to court, it will be open to the public. "

Hallin predicts the next thing to watch for is Pitt's attempt to ensure he has equal time with their six kids, ranging in age 8 to 15, until the divorce is granted. He can also be expected to "vigorously defend" himself against the report now being investigated by child protective services that he verbally and physically abused one of his children while on a private flight from France to the USA on Sept. 14.

The Los Angeles County Department of Children and Family Services will not confirm or deny there is an investigation because it is prohibited by law from doing so. But a source close to Pitt, who was not authorized to speak publicly, told USA TODAY that Pitt is taking the matter "very seriously and is fully cooperating," though he calls the allegations "greatly exaggerated or fabricated."

While DCFS is investigating, "(Pitt's) attorneys will take depositions of everybody involved, there will be a meeting with (DCFS) and a hearing if necessary," Hallin says. "All of which will be behind closed doors."

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If there is a prenup, why does it matter?

It means the asset-dividing aspect of the divorce can be easily settled. The issue that remains is custody of the six kids. Jolie indicated in her divorce petition that she is seeking full physical custody, and in her sole press statement she said she sought the divorce "for the health of the family."

It's significant that Jolie mentioned nothing about a prenup in her divorce petition.

"Usually when we (lawyers) file a petition, if there is a prenup we indicate that — unless we don't like it," says Hallin. "When (Pitt) files his response, he will say in there whether he wants to enforce (a prenup)."

Under the divorce court rules, Pitt has three weeks left to file his response, but Hallin says it's not uncommon for respondents to ask for an extension and for petitioners to agree.

If there is a prenup, what does it say about custody?

It doesn't matter, because under California law, a prenup can't include or control issues of child support or custody, Hallin says.

Where will the allegations and custody issue be handled first?

Allegations of abuse or safety involving minor children of a divorcing couple are handled by the DCFS and by special forums called dependency courts. And all proceedings are closed to the public.

Family court, or divorce court, handles the divorce and all proceedings are public record.

Hallin says the two forums work on parallel tracks but while allegations of child abuse are being investigated, proceedings in the divorce may be frozen while awaiting an outcome. The child-abuse allegations are being investigated behind closed doors (barring leaks), and once they are resolved, the issue of custody will revert back to the divorce court.

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"As long as the dependency court has jurisdiction, as long as a (DCFS) case is open, the divorce court can’t make a custody order in the divorce," Hallin says. "Nothing is going to happen in divorce court until the (dependency) court releases jurisdiction over these children. They're going to have to do battle in that court first."

What will the divorce court consider? 

Besides reviewing the results of the abuse investigation, a divorce court judge will consider other factors in deciding whether Jolie gets sole custody or if the couple share custody equally after the divorce. The judge will look into "what the norm was," for the children, says divorce lawyer Nancy Chemtob, founding partner at Chemtob Moss & Forman, who has represented high profile clients including Star Jones and Tory Burch.

"Who is the one who took them to school, who is the one who made dinner for them, who made sure they were doing their extracurricular activities?"

What if the abuse allegations are true?

"The DCFS will report to a judge in dependency court and say whether a claim is substantiated or not," Hallin says. "If it is, the dependency court will order protection of the children and arrange to get help for the parent."

That means "it can be anything from shifting custody from the primary parent to the other parent – or neither parent," says Christina Riehl, senior staff attorney for the Children's Advocacy Institute.

But there are variables at play, says Chemtob. "If (the abuse allegations) come out to be true and it was a one-off situation, maybe they would send (Pitt) to anger-management classes," she says. Also, supervised visitation could be ordered.

What if the allegations are false or exaggerated?

"Then the DCFS closes the case and the parties can proceed to fighting over custody in family court," Hallin says.

Pitt could then move forward in the legal war. "If one of the parents is creating (claims of abuse), then that would play into custody decisions made at that point by the family court," says Riehl.

"False allegations of abuse is one of the biggest factors for losing custody, coupled with alienation,” says Chemtob, defining alienation as situations in which one parent is preventing the other parent from seeing their children or badmouthing the other parent.

But alienation "is very difficult to prove. It’s really a judgment call based on sometimes therapists' reports," adds Riehl.