Tom Brady’s Next Battle Might Be His Toughest One Yet

October 25, 2022 | By Edward S. Sarin, Jr.

If you believe the rumors to be true, Thomas Edward Patrick Brady Jr. and his Wife, Gisele Caroline Bündchen, are headed to where almost 50% of all marriages wind up…divorce court. It has been reported that the seven-time Super Bowl winning Quarterback and his super-model wife have both recently retained divorce lawyers. If this is true, it is safe to say we can expect the GOAT to have another uphill battle. This is assuming that the all-time leader in wins, passing yards, touchdown passes, (enter any NFL record here) and the 6th richest supermodel (who has an estimated net worth of $400 million) did not sign a pre-nuptial agreement. Even if they did, pre-nuptial agreements do not contain enforceable provisions about custody and child support and with the two having two children together, there is at least something to fight over.

It may seem simple, but in order to get divorced in New Jersey, one party must file a Complaint for Divorce. Either party may file for divorce. The person to file first is the Plaintiff and the person to Answer would be the Defendant. It does not matter who is the Plaintiff and who is the Defendant. In this scenario, Tom Brady would most likely file for divorce and allege irreconcilable differences. What irreconcilable differences are is not exactly clear. However, the parties have to experience irreconcilable differences for a period of six months to file in this manner in New Jersey (i.e. no-fault divorce).

Irreconcilable differences could be anything from “I don’t like the way she snores” to “I wanted to go back to playing the sport I love but my wife didn’t want me to.” Gisele would then have an opportunity to Answer and file a Counterclaim against Tom.

Next, the parties would engage in a period of discovery where they would have to disclose their assets and debts and have the opportunity to take depositions. They would attend mediation sessions (public and private) and if after one year, they are unable to reach an agreement, the parties would then proceed to trial. Unlike in many other states, most divorce cases in New Jersey are resolved within one year.

I would not expect a Complaint to be coming right away for Tom and Giselle as the reason they hired lawyers before one party filed was most likely to begin the discussions of the division of their enormous marital estate. Once there is an agreement about the division of the marital estate one could expect a Complaint to be filed thereafter.

If you or someone you know is thinking about divorce contact a family law attorney at Obermayer for a consultation.


The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.

About the Authors

Edward S. Sarin, Jr.

Associate

Ed is an attorney in Obermayer’s Family law department in Mount Laurel, NJ. He concentrates his practice in all aspects of family law, including divorce, child and spousal support, custody, adoption, paternity,...

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