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RHOC’s Noella and James Bergener’s Divorce and Custody Battle: What to Know

He said, she said. The Real Housewives of Orange County star Noella Bergener’s divorce from James Bergener quickly turned messy as the former couple hashed out the custody of their son, financial arrangements and more.

Noella and James dated for five years before tying the knot in June 2020. They relocated to Puerto Rico in late 2020, but she returned to California in May 2021 to appear on RHOC. After making guest appearances on the Bravo show during season 15, she became a main cast member for season 16, which premiered in December 2021.

Us Weekly confirmed in August 2021 that Noella filed for legal separation from James in Orange County after one year of marriage, listing “irreconcilable differences” as the reason for their split. She requested primary and physical custody of their son, James, and monthly spousal support.

However, James’ attorney told Us that he filed for divorce in Puerto Rico in July 2021, and the proceedings were finalized in December 2021.

Amid the legal battle, Noella accused James of abandoning their son, who has autism. “5 months ago my husband and partner of 6 years left the house with his toothbrush leaving behind his life, family and home,” she claimed via Instagram in December 2021. “He ended our marriage with service of divorce papers from Puerto Rico. … To this date James has not visited our son or given me any explanation for his departure.”

She continued: “I realize there are three sides to every story. I have asked him to give an explanation through a 3rd party to provide insight which he has repeatedly declined. Everything I’ve said and am saying are FACTS. Thank you for your continued support and prayers for my family. I don’t wish to encourage James bashing with this post. Just providing insight to the hell I am still in.”

James, for his part, told Us in a statement at the time that he looked “forward to addressing all these false accusations in a courtroom.”

Prior to filing for legal separation, Noella reacted to allegations that James owed the IRS and the State of California approximately $5.8 million. “I was just as shocked and disgusted to find out a week before filming … and not from husband,” she commented on a Real Housewives Instagram fan account in July 2021. “My marriage has been a fight every day since. I am being very open about my journey and looking at every option to settle my husband’s debts.”

Scroll through the gallery below for everything we know about Noella and James’ divorce and custody battle:


When and How Did They Split?
According to a December 2021 statement from James’ attorney, Noella left Puerto Rico in May 2021 to begin filming RHOC in California, while James remained in Puerto Rico. Noella’s legal team allegedly informed James’ lawyers in July 2021 that she planned to file for separation, so James filed for divorce in Puerto Rico one day later. Noella filed for legal separation in Orange County in August 2021.  Courtesy of Noella Bergener/Instagram
Did James Abandon Their Son?
Noella claimed via Instagram in December 2021 that James had not visited their son since he “left the house” five months earlier. James’ lawyer told Us in a statement later that month that he had “repeatedly asked to see his son” since August 2021 and felt like Noella was “withholding their son” from him.  “James has not and will never abandon his son,” the statement continued. “He loves his son dearly. Any insinuation to the contrary is a lie.”  Courtesy of Noella Bergener/Instagram
Are They Already Divorced?
The reality star alleged via Instagram in December 2021 that James “ended our marriage with service of divorce papers from Puerto Rico which he doesn’t qualify for since we are California citizens and nothing untoward happened in our marriage there.” James, meanwhile, told Us at the time that “a judge in Puerto Rico, where I am a resident, has already granted our divorce.”  His attorney told Us in December 2021 that a Puerto Rico judge ruled that the territory was the appropriate jurisdiction for the divorce. Both Noella and James allegedly appeared in court to state their cases. “Custody and financial issues will be addressed separately if a settlement is not reached,” the statement added, noting that they have been in mediation since September 2021.   Courtesy of Noella Bergener/Instagram
How Does James Feel About ‘RHOC’?
James informed Noella in July 2021 that he did not want their son to be on the Bravo show, his lawyer claimed to Us in December 2021. “James does not want their son exploited for fame and ratings,” the statement said.   Earlier that month, the TV personality told her Instagram followers that she chose to stay on RHOC amid her marital woes because “it was the only thing getting me out of bed” and she hoped that “others going through something similar” could relate. Courtesy of Noella Bergener/Instagram
Where Do They Live?
According to James’ attorney, the pair moved to Puerto Rico in late 2020 and were granted permanent residence in January 2021. They allegedly signed documents stating that they intended to permanently live in Puerto Rico, and the only house they own is in the U.S. territory. She relocated to California in May 2021 to film RHOC, while he still lives in Puerto Rico.  Courtesy of Noella Bergener/Instagram
Did James Cut Noella Off Financially?
Noella claimed via Instagram in December 2021 that her “cards are still shut off, [James] hasn’t paid a dime in support [and] he stopped paying for our home.” James’ attorney told Us in a December 2021 statement that he “has paid substantial sums in childcare, housing, therapy, health insurance, food, other expenses for his son and amounts that supplement Noella’s lifestyle.” Courtesy of Noella Bergener/Instagram


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