What's Next for Luann de Lesseps? How Her Public Divorce From Tom D'Agostino Could Play Out in Court

Real Housewives of New York City star has a prenup with her soon-to-be ex-husband

By Mike Vulpo, Beth Sobol Aug 04, 2017 10:21 PMTags

When it comes to proceeding with a divorce, couples can be cool or uncool.

For some famous duos, things are settled quickly and away from the public eye. Others, however, can have their drama play out for all to see for months and months.

After Luann de Lesseps announced this week that she was divorcing Tom D'Agostino, many begin to wonder what's next for a couple that was married for seven months. While E! News has learned that the couple had a prenup, there are still things to discuss before things are completely finalized.

"Wedding presents to both parties belong to both parties. They're going to have to divide them equally," celebrity divorce attorney Vikki Ziegler shared with E! News. "Usually men don't care about them but if he's pissed off or seeking retribution, they may fight over the wedding gifts."

While Vikki is not working with Luann or Tom, the Untying the Knot star believes Luann has the right to keep the ring and any gifts that her man gave her directly.

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As to whether or not the divorce process will move along quickly, Vikki believes things can proceed smoothly if they keep the drama at a minimum.

"I think he's not going to contest it, they'll probably get it resolved very quickly," she explained. "The only open issue may be confidentiality. Did the prenup say she can't speak about it and neither can he? Are we really ever going to find out from their mouths what happened?"

When the news broke yesterday, multiple sources explained the real story behind Luann's decision to file for divorce.  Between the public scrutiny and consistent rumors from co-stars and friends, the Bravo star had enough.

"She just broke down and got tired of trying and hearing these stories about his infidelity," a source shared with us. "She's going away tomorrow with her kids to regroup. She's a mess."

Another insider added, "Tom wanted nothing to do with Luann's reality TV lifestyle. He at first fell in love with her as a woman, not as a reality TV star. He hated the cameras so much."

As Vikki reminded fans, second marriages end in divorce on a 63% basis. And for those wondering if Luann will receive her countess title once again, that's more of a royalty thing than a legal thing.

"It will be interesting to see if she takes it back because she gave it up. She needs to ask the court to legally change her name," Vikki shared with us. "It's really tough—when you have young children, women usually go back to the first husband's name. But because her children are older, I think she should go back to her maiden name. She should start fresh and really dig deep, figure out who she is again and go back to her roots."

(E! and Bravo are part of the NBCUniversal family)

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