Real Housewives of Orange County alum Noella Bergener’s ex-husband, James Bergener, accused her of being “unreasonable” when it came to him seeing their son and he asked the court to step in, In Touch can exclusively reveal.
According to court documents obtained by In Touch, James, a well-known personal injury lawyer, asked the court to dismiss the 2021 divorce case filed by Noella in Orange County, California.
Noella and James started dating in 2015. They had one child, James Michael Bergener, Jr.,4.
The parties split in 2021. James filed a divorce in Puerto Rico, where he said they relocated to in February 2020 and purchased a home there later in the year.
James said he still lives in Puerto Rico but periodically travels for family, including trips to California to see his son. He said Noella tried to have the Puerto Rico case dismissed.
He said she filed her separate case in California court after he filed his. He said the Puerto Rico case was finalized in 2022.
James said he reached an agreement with Noella that all issues over their property would be handled in the Puerto Rico case and all issues related to their child would be handled in California.
As part of the California case, Noella pleaded for support. She said she had “maxed out the loan” from her 70-year-old mother.
At the time, she said, “I can’t afford rent and we had to move in with my boyfriend.”
The exes eventually reached a deal where he agreed to pay $25,000 per month in support.
James said Noella has failed to dismiss her California divorce despite the marriage being terminated in Puerto Rico. He said this has caused him a ton of issues.
At the moment, James said from September 2022 to current, he has tried to resolve outstanding issues of custody and parenting time.
James said he hoped to avoid court litigation, but they have reached an impasse. He said because Noella’s divorce has yet to be dismissed, he cannot file a separate case seeking orders for custody or parenting time.
His lawyer said, “Mr. Bergener cannot open a separate child custody case in California. He tried. Mr. Bergener tried to file a separate paternity action to address child custody and parenting time on July 1, 2022. This Court rejected his petition because the California divorce action has not yet been dismissed.”
He said now that his efforts with Noella regarding custody and parenting time have come to an “impasse, he needs court intervention to ensure frequent, continuing and reasonable contact” with his son.
“Without court intervention, Mr. Bergener fears he and the child will continue to suffer from [Noella’s] unreasonable parenting time restrictions and mandates.”
Noella has yet to respond to James’ recent motion.
Noella first appeared on Real Housewives of Orange County as a friend of Braunwyn Windham-Burke in season 14. She was hired on as a main cast member in season 16. She only lasted one season.
