Schwarzenegger Scandal

Arnold Schwarzenegger and Maria Shriver will split around $400 million, and legally it's supposed to be divided up 50/50, because we know there's no prenup.

TMZ broke the story Friday that Maria filed for divorce and the division of property is yet to be determined. Because there is no prenup, under California law, all earnings and other property acquired during the marriage is considered community property, which means a 50/50 split.

Arnold's worth is estimated at $300 million, while Maria's is around $100 million. Since the couple has been married for a quarter century and it's probably impossible to separate what they each had before they tied the knot, it's likely the entire pot of money will be considered community property.

But here's the twist. This divorce will never go to trial. It is going to settle out of court, and nothing requires Arnold and Maria to agree on a 50/50 split. Typically in these cases, there's a lot of horse trading ... Maria gets this house, Arnold gets that one, etc.

Maria's lawyer, disso-queen Laura Wasser, and Arnold's attorney, Bob Kaufman, will be hashing out the property settlement agreement -- probably for months.

One final point. We will never know the terms of the final property settlement agreement, because it's going to be confidential. Standard operating procedure for high-profile divorces.

In the divorce petition, obtained by TMZ, Shriver cites "irreconcilable differences" as her reason for ending the 25-year marriage.

Shriver is asking for spousal support and wants the judge to deny Arnold the right to ask for support for himself-- though it's highly unlikely he would.

Shriver is asking for joint custody of their minor children, who she names in the document as 17-year-old "Patrick Arnold Shriver Schwarzenegger" and 13-year-old "Christopher Sargent Shriver Schwarzenegger."

And, in the petition, filed by disso-queen Laura Wasser, Shriver is asking Arnold to pay the attorneys' fees of both parties.

As for the date Arnold and Maria separated ... it isn't specified in the divorce papers.

According to the docs, the property accumulated during the marriage will be divided at a later date. And, sources tell TMZ, there is no prenup, so all of Arnold and Maria's earnings over the past quarter century will be divided 50/50.

Sources close to the couple tell TMZ ... Arnold and Maria are on speaking terms and Arnold knew beforehand that she was filing divorce papers. Maria is telling friends she hopes this will be an easy and amicable divorce.

Mother and son ordered a BBQ chicken pizza, crispy mac and cheese, half a Caesar salad, and another specialty pizza.

We don't know the identity of the man in the plaid shirt, but we do know that Mildred's older son was sitting to her right. The waitress told other employees that the older son was hitting on her, asking if she'd go to the beach with him. She says she declined.

Mildred's lawyer tells us, "Mildred was tired of people selling their lies to the media or claiming to speak for her when they do not ... She gave the interview in order to set the record straight once and for all."

Her lawyer adds, "All she wanted to do was put the lies and rumors to rest. And we believe that she has done that through this interview."

In an interview with Hello! Magazine, Baena finally reveals the name of the 13-year-old love-child -- Joseph -- and says when he found out Arnold was his father, his reaction was, "Cool!"

During the interview, Mildred says Maria sensed "something was up" after hearing "whispers" in the household about Joseph's resemblance to Arnold.

Mildred explained, "[Maria] would say things like, 'I’m here if you need to talk.' I sensed something was up. I have so much love and respect for Maria."

Mildred says Maria finally asked her "point blank" -- and Mildred was so emotional, she fell down on her knees in front of her.

“She was so strong. She cried with me and told me to get off my knees. We held each other and I told her it wasn’t Arnie’s fault, that it takes two.”

And despite reports that Joseph had only recently found out that Arnold was his father, Mildred says it isn't true -- Joseph has known for the last year ... and has carried the secret ever since.

Mildred says Joseph is now looking forward to building a relationship with his biological father.

Sources close to Mildred Baena tell TMZ, she pulled her 14-year-old son out of school last month -- soon after the story broke that Arnold was his real father.

According to sources, photographers had started to camp outside the Bakersfield middle school where Arnold's son was a student -- and Mildred decided to yank him out ... to protect him from the media.

His graduation ceremony took place Friday morning -- and his name was even on the program -- but we're told he wasn't present ... because the family didn't want him parading around in public.

Arnold Schwarzenegger probably would have tried a beer summit with his son Patrick, but since the kid is just 17, Arnold settled for a burger today in Santa Monica.

Arnold and Patrick showed up separately and chowed down at Umami Burger less than an hour ago, and the conversation must have been interesting. They're still inside the restaurant.

You'll recall ... after Arnold's love child scandal broke, Patrick tweeted with the last name of Shriver, not Schwarzenegger. So Mr. S clearly had his work cut out for him.

Patty is telling friends she never asked to put hubby Rogelio Baena on the document. Patty is saying she never told Rogelio or anyone else at the hospital that he was the father. Patty says Rogelio directed hospital staff to put his name on the birth certificate -- which Patty never signed.

Patty is saying Rogelio wanted his name on the document because he believed it would help him score U.S. citizenship.

Multiple sources with direct knowledge of the baby saga tell TMZ ... Arnold never demanded a DNA test. We've also learned Baena never took steps to establish paternity through DNA.

As for why Arnold was so sure he was the father ... our sources say Baena's husband was not even in the United States when the baby was conceived. He returned to the U.S. just days before the boy was born.

Sources tell TMZ ... Kaufman's already been in touch with Maria's attorney, Laura Wasser -- and we're told they are "moving forward" with divorce negotiations.

A relative of Mildred Patty Baena -- who has not made a cent off her and REFUSES to sell out -- tells TMZ ... Mildred is shocked and didn't expect her own family to make a cheap buck off this whole ordeal.

In addition to the money, we're told Mildred feels these family members are just telling flat-out lies. The relative we spoke to says Mildred is sure the main culprit is the ex-wife of a family member.

If you can't count on an ex-in-law to keep secrets about your illegitimate love child with the former Governor of California ... who can you count on?

The nanny -- who worked with Arnold and Maria Shriver during the Mildred "Patty" Baena years -- tells TMZ Arnold "was a flirt, but he never touched me inappropriately, or anyone else that I could tell."

The former staffer believes Patty must have aggressively pursued Arnold since -- as far as she could tell -- he was "respectful" of all the other female staffers.

The woman says many employees realized the resemblance between Patty's young son and Arnold -- but says Patty would only admit her husband was not the daddy.

Maria and the U2 front man weren't hiding from cameras either ... since they chose to lunch at The Ivy -- a known paparazzi hangout.

No word on what brought Bono and Maria together -- they both back numerous charities -- but we can say that, for a change ... Maria was smiling.

Shriver met with attorney Laura Wasser at the swanky Montage Hotel in Beverly Hills -- where Shriver is staying -- for a morning meeting.

Meanwhile, we're told Schwarzenegger has met with another high-powered Bev Hills divorce lawyer of his own, Bob Kaufman. Although we do not know if Arnold has formally retained Kaufman.

As TMZ first reported, Shriver has been meeting with her financial person for several months now trying to sort out money issues before filing the divorce petition.

It's a little tricky, because the money guy works for both Maria and Arnold and is very close to both of them.

A Wasser/Kaufman combo is significant, because both have worked on other high profile cases and have figured out how to handle these situations in a discreet, semi-private manner.

Although no divorce petition has been filed -- were told it's just a matter of time.

UPDATE, July 1, 2011: Maria Shriver filed for divorce against Arnold...

27-year-old Jackie Rozo told Telemundo, "It's just a big thing because she's Hispanic, and he's a celebrity."

Either way, it's still all news to her -- Jackie claims she had "no idea" her half-brother was fathered by the Governator until the news broke last week.

Through the years, Arnold spent some serious quality time with Mildred Patty Baena and their kid ... even engaging in tender father-son moments -- like when he taught the little guy how to golf.