![]() Lute Olson is seeking divorce.
Yavapai College Teachers Technical Yavapai College Analyst Banner Programmer Retail TOTAL WINE & MORE WINE TEAM MEMBERS, CASHIER & STOCK MEMEBERS Health Care SOUTHERN ARIZONA ENDODONTICS I NSURANCE PROCESSOR General Prestige Maintenance USA Area Manager Health Care Carondelet Foothills Surgery Pre-Op Nurse General GROUNDS CONTROL LANDCAPE FOREMAN & LABORERS Tucson RegionOlsons agree to give depositions April 1Arizona Daily Star
Tucson, Arizona | Published: 03.12.2008
Tuesday's hearing in Olson vs. Olson was canceled at the last minute after Lute and Christine Olson came to an agreement on when they will sit for depositions.
In a motion filed before the hearing was called off, Lute Olson's attorney clarified the question raised about the couple's prenuptial agreement is that it wasn't signed until two days after the wedding while the pair were on an airplane to their honeymoon in Mexico.
Leonard Karp, the UA men's basketball coach's attorney, said that and some omissions left it unclear exactly what the agreement covers.
Last week, Christine Olson's attorney asked Judge Sarah Simmons of Pima County Superior Court to postpone the couple's March 17 depositions for 30 to 60 days.
In her motion, Kathleen McCarthy said the couple had made "phenomenal progress" toward settling their divorce, but moving forward with the depositions could "very well damage any hope for a resolution."
She also said she hadn't subpoenaed some of Lute Olson's financial records because she thought the depositions were going to be delayed.
McCarthy told Simmons that Lute Olson and Karp were refusing to postpone the formal interviews, suggesting they were trying to gain some sort of financial advantage.
A new deposition date of April 1 was set.
In his motion, Karp denies McCarthy's allegations he wanted to use the depositions as a "hammer in the settlement process."
Karp said that without the depositions moving forward, the issues about the couple's prenuptial agreement cannot be resolved.
Besides the document not being signed until after the wedding, Karp's motion says, "It appears that the pages were not signed where indicated they should be, Christine's lawyer did not sign the certification, the parties did not initial each page as is customarily done and there is a great deal of uncertainty as to what pages were actually part of the agreement when it was signed."
Karp went on to write that despite being asked several times over five years, Christine Olson didn't give Lute Olson, his attorney, his accountant, his estate planning attorney or his financial adviser a copy of the prenuptial agreement.
It was finally given to Olson's accountant two weeks ago, Karp wrote.
"Contrary to McCarthy's assertions . . . Lute has not taken any position concerning whether the prenuptial agreement should be 'nullified' or enforced," Karp wrote. "He cannot until he knows whether the parties agree on what the actual agreement is. Christine's deposition testimony is essential before such a position can be intelligently determined by Lute's legal counsel."
Karp told Simmons that Lute Olson wants the case to proceed in an "expeditious fashion," which includes "all forms of alternative dispute resolution."
Reached Tuesday afternoon, McCarthy said: "My hope now is that there will be a peaceable and reasonable resolution for both parties concerned."
Olson, 73, married the former Christine Toretti, 50, in Las Vegas in 2003, and he filed for divorce in December.
● Contact reporter Kim Smith at 573-4241 or kimsmith@azstarnet.com.
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