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Nancy Grace

Divorce in Tiger`s Future?

Aired January 01, 2010 - 20:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

NANCY GRACE, HOST: Superstar golf phenomenon Tiger Woods drives out of his multi-million-dollar compound barefoot, 2:00 AM after Thanksgiving Day celebrations, and has a head-on collision with a tree and a fire hydrant. His young wife, the mother of his two children, says she hears the crash from inside, runs out and beats out both back windows of Woods`s Cadillac.

Woods refusing repeatedly to speak to police, immediately pulling out of his own golf tournament. Gatorade drops the Tiger Woods drink, primetime TV ads dry up as Woods`s alleged mistresses hit double digits, including a swimsuit model, two porn stars and a waitress at a pancake house. Woods just gets a slap on the wrist, even though a witness tells cops he was drinking before the crash and was prescribed sleeping pills and the painkiller Vicodin.

Bottom line, if Woods were an ordinary guy, wouldn`t the charges be more serious in light of an alleged DUI and a cover-up not only to his wife but to police? As the plot thickens, what really happened to Tiger Woods?

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: My two officers arrived at the scene and noticed Tiger Woods laying on the ground.

911 OPERATOR: Is he unconscious?

UNIDENTIFIED MALE: Yes.

911 OPERATOR: OK. Are you able to tell if he`s breathing?

UNIDENTIFIED MALE: No, I can`t tell right now.

UNIDENTIFIED FEMALE: This story just doesn`t make sense. You don`t get up out of your bed at 2:00 AM, drive your car and run it into a tree.

UNIDENTIFIED MALE: There were reports that there was a domestic dispute before Tiger Woods left his house in the SUV. There were some reports that what actually happened was that she struck the SUV with a golf club. Her story was that she actually used that to get him out.

UNIDENTIFIED MALE: Tiger Woods makes a public admission and says he regrets his transgressions. The sports superstar is addressing tabloid speculation set off by his one-vehicle wreck in Florida. He is apologizing for personal failings.

UNIDENTIFIED FEMALE: This apology is coming the same day "US Weekly" published a story alleging Woods began an affair with a Los Angeles woman back in 2007. Jaimee Grubbs, who appeared on the VH-1 network show "Tool Academy," says she has text messages and voicemails from Woods, including one recorded three days before he crashed his SUV in Florida.

UNIDENTIFIED MALE: Hey, it`s -- it`s Tiger. I need you to do me a huge favor. Can you please take your name off your phone? My wife went through my phone and may be calling you. Because she can, please take your name off that, and what do you call it, just have it as a number on the voicemail, just have it as your telephone number, OK? You got to do this for me. Huge. Quickly. All right, bye.

UNIDENTIFIED MALE: There seem to be real relationships. As you read these text messages, this wasn`t ships in the night. The odd thing about it is for a person like, hey, who was a playboy, for want of a better term, he really got emotionally involved with these women.

JAIMEE GRUBBS, TIGER`S ALLEGED MISTRESS: I did feel guilty that, you know, he`s spending his time with somebody, you know, that isn`t his wife. But you know, he never mentioned her. And it was kind of, you know, I never thought about it. I thought of our times together and how I felt about him and how my heart wanted.

(END VIDEO CLIP)

GRACE: To our chief editorial producer, Ellie Jostad. Ellie, what more can you tell me?

ELLIE JOSTAD, NANCY GRACE PRODUCER: Nancy, there are multiple reports out there that Tiger Woods and his wife, Elin Nordegren, definitely planning to get a divorce, "People" magazine saying that she has made up her mind that she`s going to leave Tiger after the holidays, other reports saying that there`s no way he can talk his way out of this one, that she has decided she is indeed going to divorce Tiger Woods.

Tom O`Neil from "In Touch Weekly," are you hearing the same thing?

TOM O`NEIL, "IN TOUCH WEEKLY": Yes, and I think all of the evidence that we see out in the open, including these recent photographs of her without her ring on, indicate that this is true.

But the most important evidence that we have of these images I think comes from the house in Windermere, Florida, where we have seen big crates, furniture, artwork move out. This just isn`t snorkel gear being moved out for a weekend with the kids. This is the stuff of their actual marriage and the house that`s leaving Florida probably forever.

JOSTAD: And Tom, do we have any idea where Elin Nordegren plans to go? She`s going to move out? Where`s she going to go after that?

O`NEIL: Well, in all likelihood, she`ll go back to Sweden. She`s got her father there, mother, her twin sister. This is where she lived up until five years ago, when she married Tiger. Where she`s probably not going to go in Sweden is this house that she purchased on December 1st for $2 million. It`s a fixer-upper. It`s going to take a lot of time before it`s livable. And also, there are conflicting reports that she probably didn`t really buy it for herself, that she probably bought it as a gift for her parents.

JOSTAD: Well, and Tom, you know, a lot of people have talked about this house, like, it doesn`t look that fancy. But correct me if I`m wrong, doesn`t it sit on 59 acres on a private island that you can only reach by ferry from Stockholm?

O`NEIL: Yes. So the location would certainly be ideal from Elin if she wants to get away from the paparazzi, but it`s not habitable yet.

JOSTAD: What are we hearing, though, Tom, about money? Now, my understanding is that the original prenup that Elin Nordegren signed back when they got married about five years ago was that she, if she stayed married to Tiger Woods for 10 years, would get $20 million.

Now, TheDailyBeast was saying that this new deal that is apparently in the works or being renegotiated at this point is that Elin Nordegren gets a $5 million sort of like a signing bonus right now if she comes to the table. Then if she stays for another two years, she`s going to get $55 million. If she stays for another seven years from this date, she`s going to get another $55 million -- sorry, rather, $75 million. So we`re talking about, you know, a possible payout to her of $80 million. But I`ve also read it could be as high as $300 million. What have you heard about the possible terms of any sort of prenup, Tom?

O`NEIL: Well, the prenup agreement is probably this 10 years, $20 million thing, and that the reason they`re floating this $5 million number is that`s half of the time they`ve been married so far. So that makes sense. But come on, there`s been so much shenanigans going on in this marriage and there`s probably so much behind the scenes that you can probably throw this prenup out the window.

If she is going to agree to keep quiet about a lot of bad stuff, that gives her leverage to ask for a lot more money. Look, all of these sums that are being thrown out there -- the $50 million, the $80 million -- presume that she will stay in this marriage. And everything that we`re hearing now is that she has no intention of staying in it. So if she wants to play tough with Tiger, she can get a lot of money out of him and leave soon.

JOSTAD: Well, and Neal Hersh, you`re a divorce attorney. You`ve handled many celebrity divorce cases, including Kim Basinger, Robin Givens. Let me ask you this. Why -- if Elin Nordegren is going to leave anyway, why would Tiger Woods agree to negotiate a prenup? Why not just say, you know, You signed this deal five years ago, we`re going to stick to it? Why renegotiate?

NEAL HERSH, DIVORCE ATTORNEY: Well, you mean a post-nuptial agreement. They have the prenup, and if they`re going to redo it, it`s called a post-nup.

JOSTAD: Right.

HERSH: But look, I mean, this is a very difficult time for this young family. There`s several things going on, as you can well imagine. There`s the children, the two parties, the emotional issues that they have to deal with because of the press, the media, the feeding frenzy, if you will. Perhaps he is trying to save this marriage, the two of them, because they care about one another and love each other. And people have incentives to, you know, come to the table. Money often is one of those incentives. Maybe she feels that she`s put in all these years and she`s only going to get a small amount of money now. And Why should she stay, be humiliated, unless he does something to sweeten the pie?

JOSTAD: Right.

HERSH: And of course, these sums are all very, very minor, given his enormous wealth.

JOSTAD: Right.

HERSH: So they could be walking down two avenues at the same time. One, I`m sure Tiger is trying to save his marriage, and I`m sure that his wife is looking at the public humiliation and her options and considering getting a divorce.

And by the way, I should add that I think the prenuptial agreement is not so flippantly disposed of. I think that the better -- my thinking is, is that no matter what the prenup says, I believe that Tiger will do what he believes to be and what I think will prove in his wife`s mind to be the right thing by giving her a very sweet package if she leaves, regardless of what the prenuptial says.

So I think that you`re going to see a lot of backroom negotiations. And my sort of prediction is you`re not going to see a huge public spectacle if these two young people get divorced. But I think things are already being worked out so that if they do get a divorce, it`s going to be done quickly and quietly. And everyone is going to be very emotionally upset, of course, but financially satisfied.

JOSTAD: Well, and that`s the other thing I was going to ask you. As far as this, you know, playing out in the media, like we`ve seen so many celebrity divorces, the two using the press as a way to kind of, you know, gain leverage with the other partner -- do you see that happening with the Tiger Woodses?

HERSH: No, I don`t. I think, obviously, he`s a very private person, and this public spectacle shows how celebrity has -- is a double-edged coin. Of course, it`s wonderful that we admire him so, but because we do, you know, his fall from grace is, of course, the biggest news of the century, and that`s a shame that we love to build up our celebrities and then tear them down. But that is sort of the world we live in.

Having said that, if she wanted to capitalize on all of this, you know, media frenzy, she could have done so. My prediction, again, is that she`s not the type of person who`s going to be doing this. She will be well paid for her silence -- don`t misunderstand me -- whether it`s in a postnup or in a divorce. But I don`t think you`re going to see all of this stuff played out in a courtroom in Florida. I think it`s all going to be done with lawyers behind the scenes. And when we hear about it, we`re going to hear about a divorce that`s virtually done, if not already completed.

JOSTAD: Right. Well, and Bethany Marshall, let me ask you this. You`re a psychoanalyst, author of "Deal Breakers." Is this -- you know, we`ve heard about multiple alleged mistress, people coming out of the woodwork to claim they`ve had affairs with Tiger Woods. Is Elin Nordegren going to say, This is it, forget it? I mean, from what we`ve read about her, this is a smart woman, an independent woman. Do you think there`s any chance that she`s going to forgive Tiger Woods?

BETHANY MARSHALL, PSYCHOANALYST: It depends on what the arrangement was when she entered the marriage. You know, all relationships are arrangements. Some are marital arrangements, some are sexual arrangements, some are financial arrangements. What was the arrangement? If the arrangement going in was monogamy, fidelity, that she would have children, he would always be truthful, he would honor, respect and all those kinds of things, then yes, this is a complete disaster and a deal breaker and how could she possibly stay?

If she knew that he was philandering and there were all these other woman, then it might not be so disastrous. Look, he might be polyamorous, meaning the type of person who has many love interests, or polygamist. But if he told her up front, it`s not a deal breaker.

But to me, this has the quality of deception. He did it while she was pregnant. He -- the news is coming out. The golf clubs -- you know, allegedly smashing out the windows with the golf club tells me that she was really pushed over the edge. And to my mind, that means it`s not likely that she will stay.

JOSTAD: And one of the things that we`ve heard from several of these mistresses, or these alleged mistresses, was that this arrangement was just that. It was a business arrangement. They claim that Tiger Woods told them, I`m not happy at home. I`m not happy with my wife. We`re just staying together because it`s a sort of business arrangement and we`re staying together for the kids, those kind of things. Bethany Marshall, do you think that`s true somewhat? Did it help Tiger Woods`s image to be perceived as this family man?

MARSHALL: Well, it`s hard to say. But what I can say is when a man cheats this prolifically, usually what drives it is that it`s not just a sexual drive or even rising to the level of a compulsion, but there`s a compulsive need to be liked, admired and wanted by all the women. So see, he set up an arrangement where no matter what hotel room he goes to or what golf tournament or where he is in the world, there`s always a woman waiting for him, wanting him, feeling that she`s the only one, that she has one over on the other woman that`s at home.

And so whatever he said to these women will probably be in the service of making them believe that they are so special that he gets them to wait. Now, I don`t really believe that Tiger Woods is a sex addict, but when you take sex addictions proper, what you really see is the motivation is to have power over the woman, to feel like the big man and to always have her available. So you`d want to think about that as a model for what he may have set up here.

JOSTAD: Well, and even going as far back as his high school girlfriend, she says that once they got into college, that he had this sort of escalating feeling of untouchable arrogance, that he didn`t think he would get caught in these affairs, is what she`s hypothesizing now.

MARSHALL: And look, he has so much money to throw at his habits. He has $1.5 billion to buffett (ph) his habits, to finance his habits. And for someone who`s compulsive, that can potentially be disastrous.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Did you think that that -- he had a problem? I mean, do you think there was something going on or that he needed -- that he needed prescription drugs to help him sleep?

GRUBS: I mean, he is a world renowned athlete and I`m sure he has so much on his mind, and I can`t imagine it ever being put to sleep. But he very much does have a sleeping problem, you know? Whether it`s insomnia or caused by stress or whatever it may be, I don`t know, but...

UNIDENTIFIED FEMALE: Do you think he has an addiction to painkillers or sleeping pills?

GRUBBS: I mean, that`s something that I wouldn`t be able to, you know, say. I wouldn`t -- I wouldn`t know. I never saw it.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

911 OPERATOR: Is he unconscious?

UNIDENTIFIED MALE: Yes.

911 OPERATOR: OK. Are you able to tell if he`s breathing?

UNIDENTIFIED MALE: No, I can`t tell right now.

911 OPERATOR: OK. All right, we do have help on the way. What color is his car, too?

UNIDENTIFIED MALE: It`s a black Escalade.

UNIDENTIFIED FEMALE: What`s happened?

911 OPERATOR: Is anyone able to open the door?

UNIDENTIFIED MALE: (INAUDIBLE) we`re trying to figure out right now.

(END VIDEO CLIP)

GRACE: Yet another alleged mistress breaks her silence. Take a listen to this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Did he ever talk to you about his wife, ever mention her?

JAMIE JUNGERS, TIGER`S ALLEGED MISTRESS: No. The one time that his wife was mentioned was the first day that I met him and that we hung out, and I`m the one that asked him about her.

UNIDENTIFIED FEMALE: You actually, from what I understand, spent time in their home in Los Angeles, as well.

JUNGERS: I did.

UNIDENTIFIED FEMALE: When she wasn`t there, obviously.

JUNGERS: Yes. Yes. This happened probably a month after we`d been seeing each other. He flew me out, came and picked me up at the airport, and I stayed there for a night.

UNIDENTIFIED FEMALE: How do you feel now, knowing that you were never just one woman for him?

JUNGERS: I have a lot of mixed emotions about it. I mean, I still -- there`ll always be a place in my heart for Tiger, but he obviously has issues. So there`s parts of me that`s angry and there`s parts of me that, I guess, kind of don`t find -- doesn`t find it, you know, unbelievable.

(END VIDEO CLIP)

GRACE: That`s Jamie Jungers, the alleged former mistress of Tiger Woods. She was on the "Today" show.

To Alexis Teresczuk, reporter with Radaronline.com. Alexis, what do you make of it and allegations that Tiger romanced her in the family mansion while his wife and children were gone?

ALEXIS TERESCZUK, RADARONLINE.COM: Nancy, I think that this is probably one of the more shocking things that the women have come out and said. I mean, I think that if it was in Las Vegas, if it was in Dubai, if it was in Australia, that`s fine, but to be in someone`s home, where the wife...

GRACE: Whoa! Whoa! Whoa! Whoa! Back it up! Back it up! Did you just say it`s fine as long as it`s somewhere else?

TERESCZUK: No, it`s -- no! It`s...

GRACE: You did say that.

TERESCZUK: No!

GRACE: Well, you did.

TERESCZUK: I guess -- I meant that it`s less invasive for the wife. You know, if it`s right in the home...

GRACE: But you know what? I got to tell you something. It`s not fine. But I know what you mean. It`s not as disgusting. It`s not as shocking...

TERESCZUK: Exactly.

GRACE: ... as it is to bring somebody with your wife`s photos all around. I mean, what are they going to...

TERESCZUK: And pictures of your children in the house...

GRACE: ... do, have a glass of wine in the children`s nursery? I mean, to put it gently.

To Dr. Joseph Deltito, professor of psychiatry joining us from New York. You know, a lot of people have flings, Dr. Deltito. That`s not uncommon. Over half of married couples in America, somebody`s had a fling, all right? And I know that`s a euphemism for sex outside the marriage.

But here, if these women are to be believed, the relationship with Tiger Woods would go on for a couple years, where he would talk about them being together, quote, "forever," how he whined about being married to his wife and says he wished he met them before he got married. What is that? There`s got to be a medical term.

DR. JOSEPH DELTITO, PROFESSOR OF PSYCHIATRY: Well, I don`t know what the medical term is, but it certainly sounds like he had emotional needs or emotional deficits besides just sexual ones. As you listen to these women, it doesn`t sound like it was only about sex. But I would say that a lot of important men are essentially polygamists in their own minds and not monogamous.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Did you feel guilty?

GRUBBS: I guess, if you -- if I were to seriously think about it, I - - you know, I -- I did feel guilty that, you know, he`s spending his time with somebody, you know, that isn`t his wife. But you know, he never mentioned her, and it was kind of -- you know, I never thought about it. I thought of our time together and how I felt about him and how my heart wanted, what my heart wanted. So I never...

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: What would you tell his wife, Elin, if she was sitting right here?

GRUBBS: I mean, I have no words to explain, you know, what I have done to her, her family. I guess I would be deeply sorry for never considering her during the whole process, and not -- him not bringing her up was just a way for me to just pretend that he didn`t have one and for me not to deal with it.

I`m not going to ever say what I did was OK. And like, she knows she loved him, and you know, that is the way I felt.

UNIDENTIFIED FEMALE: Did you ever walk away? Did you ever say, I can`t do this anymore?

GRUBBS: I never physically told him I couldn`t do it anymore, but I did back away. You know, I -- I did learn that he was having a second child, and at that point, you know, I just kind of thought to myself, What am I doing, you know? This isn`t right. You know, it`s -- he has a wife and it`s not you.

(END VIDEO CLIP)

GRACE: OK. Now I`m seeing the new piercing Jaimee Grubbs describes in her text messages to Tiger Woods. It`s right here. That`s where he allegedly, if these text messages are to be believed, asked her to go into the bathroom while she`s at work and take, let me just say, private photos of herself and text to him.

I wonder if that -- out to you, Ellie Jostad -- is what his wife, Elin Nordegren, found just before the crash.

JOSTAD: Well, Nancy, there are conflicting reports about which text or if Elin Woods found some text messages. Some reports say that she caught him texting, she said, Who are you texting? And it turned out to be Rachel Uchitel. There are also these other unconfirmed reports that it was actually Grubbs he was texting with. Now, "US Weekly" claims that they have a text message or they`ve seen one where he e-mailed Grubbs on Thanksgiving and wished her a happy Thanksgiving.

GRACE: To Eloise Parker with "OK!" magazine. In your magazine, Eloise -- thank for being with us -- you have an interview with Rachel Uchitel, the alleged mistress number one. In it, she touches on Tiger Woods, but she does not talk about the alleged affair. Why?

ELOISE PARKER, "OK!" MAGAZINE: That`s right. That was one of the conditions on us sitting down with Rachel.

GRACE: OK. Did you pay her?

PARKER: I wasn`t involved personally in the negotiations, so I can`t confirm that. What I can tell you is our pockets certainly aren`t as deep as Tiger Woods`s.

GRACE: OK, that`s being very coy, Eloise. Sounds to me like you`re saying, Yes, but I can`t confirm it, and Tiger paid her more not to talk about. It is that what you`re saying? I mean, just put it out there, Eloise.

PARKER: Well, reading between the lines, Nancy, you know, that`s certainly how it appears.

(BEGIN VIDEO CLIP)

GRUBBS: I`m not ever going to say what I did was OK. And like, she knows she loved him, and you know, that is the way I felt.

UNIDENTIFIED FEMALE: Did you ever walk away? Did you ever say, I can`t do this anymore?

GRUBBS: I never physically told him I couldn`t do it anymore, but I did back away. You know, I did learn that he was having a second child, and at that point, you know, I just kind of thought to myself, What am I doing, you know?

(COMMERCIAL BREAK)

O`NEIL: Breaking news: emails allegedly sent by Tiger Woods to alleged mistress, Rachel Uchitel, surface inside "In Touch" magazine. Woods allegedly writing, "I know it`s brutal on you, that you can`t be with me all the time. I get it. It (EXPLETIVE DELETED) kills me, too. I finally found someone I connect with, someone I have never found like this, not even at home. You want someone to witness your life. I want you to lay next to me, lay on me or wherever you want to lay. (EXPLETIVE DELETED). Why didn`t we find each other years ago? We wouldn`t be having this conversation."

(BEGIN AUDIO CLIP)

CALLER: Oh, my God.

DISPATCHER: Fire, Rescue.

CALLER: OK, hurry up, my mom just collapsed.

DISPATCHER: OK, calm down, OK. What is the address?

(END AUDIO CLIP)

O`NEIL: The "Enquirer" claims Team Tiger is working hard to silence alleged mistresses. Reports continue to swell that additional women may continue to come forward and more bombshells continue to surface.

(BEGIN AUDIO CLIP)

UNIDENTIFIED FEMALE: Who are they? Where are they coming from?

UNIDENTIFIED MALE: We`re getting word of more alleged affairs, more alleged mistresses.

UNIDENTIFIED MALE: We`ve got Rachel Uchitel, obviously, the club hostess, Jaimee Grubbs, the reality show contestant.

UNIDENTIFIED FEMALE: No wonder the ladies call him Tiger.

UNIDENTIFIED FEMALE: Now, we`ve got another swimsuit model who met him in Vegas, she claims. We`ve got another woman who worked for this lingerie website.

UNIDENTIFIED FEMALE: So could all of these alleged affairs defeat a prenup?

UNIDENTIFIED FEMALE: We`ve also got former porn star, Holly Sampson, who`s added to the list. And it goes on and on.

UNIDENTIFIED FEMALE: What would you tell his wife, Elin, if she was sitting right here?

JAIMEE GRUBBS, TIGER WOODS ALLEGED MISTRESS: I mean I have no words to explain, you know, what I have done to her or her family. I guess I would be deeply sorry for never considering her during the whole process and not -- him not bringing her up was just a way for me to just pretend that he didn`t have one.

(END AUDIO CLIP)

UNIDENTIFIED FEMALE: OK, Tom O`Neil, what`s the latest?

JOSTAD: Tiger`s spending the holidays. There are conflicting reports, which I think are interesting. On one hand, we hear that he wants to hang out with his buddies. Of course, isn`t that what got him in trouble in the first place, was hanging out at clubs and the rest of it? And if we see photographs of that behavior repeating, it`s certainly not going to do his image any good.

But then we also hear reports that friends of his, his buddies like Michael Jordan haven`t heard from Tiger and they`re concerned about him. So there`s a contradiction here.

The third possibility is that he gets together with one of his amours here. And we have reports that he has been in touch with Rachel Uchitel. And wouldn`t that be interesting if photos of that surface?

JOSTAD: And Nancy, the other interesting thing is that if Tiger Woods wants to spend the holidays somewhere other than at home, somewhere other than with his wife and children, he has a lot of choices. Let me just tell you a little bit about his assets and about the homes that he reportedly owns all over the world.

We know that he makes $92 million in his career so far in tournament winnings. He also makes an estimated $100 million a year in endorsements, that includes Nike, Gatorade, a bunch of other ones. You`ve also got $17 million that he makes in personal appearances. There is the $1 million -- or rather $1 billion company, Tiger Woods Designs. They make golf courses all over the world. He`s got a $10 million yacht called "Privacy." That`s one place that it`s been speculated he`s been spending time when he`s not at home. You`ve got a $38 million estate in Jupiter, Florida, a $65 million estate in the Hamptons, in New York, a $2.5 million home in Windemere, Florida. That`s the one where the crash happened. And a second home in Windemere, Florida, a $2.2 million home in Sweden, which there was some speculation that that is where Elin Nordegren would be spending the holidays. There`s also homes in California, Jackson Hole, Wyoming, a ski area, a home in Dubai, and apartment in Stockholm.

Now, Neil Hersh, let me ask you, how is this going to come together if there is a divorce? Does Elin Nordegren have claim over all of the assets we know Tiger Woods has?

NEIL HERSH, DIVORCE ATTORNEY: No. Purportedly, there`s a post nuptial agreement -- a prenuptial agreement rather. And if the prenuptial agreement is valid, she has to take under that agreement. If she`s successful in setting it aside, then everything is up for grabs. But neither case, I do believe, as I have mentioned previously, that she and Tiger, if they are going to get a divorce, are going to work something out amongst themselves privately and very generously so that she and the children will never have to worry about money for a moment in their lives ever again.

So I don`t think that what the document says it going to be controlling. This is not a situation where you`re going to see Tiger Woods get into a battle over the validity of a prenuptial agreement. It`s just not going to happen in my view.

JOSTAD: And we`ve very rarely have seen the children since all of this happened. There was a sighting. Elin Nordegren took her children to a Thai restaurant close to her house. They were all seen leaving. Witnesses told tabloids that the kids seemed happy. They didn`t seem to know anything was going on. But on the other hand, Elin Nordegren was having a very intense conversation with the other adults who were there.

Now, Neil Hersh, divorce attorney, let me ask you, about that prenup or any sort of post nuptial agreement. Can custody be determined in those agreements or is that something that`s always going to be worked out later?

HERSH: Custody cannot be dealt with at the time of a prenuptial agreement. It`s always subject to the jurisdiction of the courts in the state in which the children are and the case. Because we don`t know how old the children are going to be at the time of divorce and what the situation is, so the one word answer is no, the prenuptial agreement cannot and will not be dispositive on anything having to do with the children.

JOSTAD: So could we see a long custody battle? It seems that most of these celebrity divorces have gotten so ugly. It`s over the custody.

HERSH: Yes, you, of course, could see a custody battle but you`re not going to see it here, in my view, unless she decides she wants to move back to Sweden. If that was the case and Tiger wanted to keep the children here, that is, then you could see a significant, you know, legal scuffle.

But, you know, Tiger is fairly mobile. And, you know, I don`t think if she stayed in the United States on the Eastern Seaboard that you would see too much of a big custody drawn out battle.

JOSTAD: And Neil Hersh, all the attorneys we`ve talked to have said that the affairs, you know, that`s not going to necessarily affect anything if they`ve already come up with a prenuptial agreement that they`ve signed. But could these rumors and allegations of many affairs with many women, partying all over the country with them, could that come up in a custody case to hurt Tiger Woods?

HERSH: The fact of the matter is it`s possible if he`s neglecting his time with the children, if he`s neglecting what his obligations to the children are because of other women. Sure, that could come up. But that`s no different than if one`s job takes you away from the children too much.

So the short answer is yes, it could. But she has to be very careful that she doesn`t use this as a sword and she starts to look bad. If he is, you know, neglecting his children, which there is no evidence reported or rumored or anything, because of these other people, then that could happen. But one would surmise that these people -- these alliances, took place when he was on the road, otherwise working at a golf tournament or something like that. That is going to be a completely different situation than if he was home and he said to his wife, "I`m going away for three days" and he wasn`t at work and he was in an apartment with someone.

So the answer is it could be but I don`t think you`re going to see Tiger`s wife raise these issues and have a public spectacle worse than it now is. I think things are going to quiet down and be done behind the scenes. That`s my prediction.

JOSTAD: Bethany Marshall, what should Tiger and Elin Woods be doing to protect the children at this point? Luckily, they`re really young. They`re 2 years old and about 10 months but could they possibly suspect what`s going on or at least know something`s wrong?

BETHANY MARSHALL, PSYCHIATRIST & AUTHOR OF "DEALBREAKERS": Well, what`s most important for them to remember, Elin and Tiger, and this is an excellent question, Ellie, these children don`t know if the parents are married or divorced. That`s not a concept a 10-mont-old or a 2-year-old care about.

What children need is for the parents to love each other. And that means that even if they are divorcing or separating, they need to be warm with each other, affectionate, hug each other, look each other in the eye. That is what is important.

Now, the other thing to remember is there are probably second and third tier caretakers that have been around since these children were born. So even if the mother or father are taking the child temporarily, there may be a nanny accompanying the child so the child doesn`t have to completely reassign their whole attachment system from one child and to the other and then back.

The worst thing that could happen for these children is if the mother or the father are fighting in front of them. Or let`s say Elin falls into a depression and gets kind of deregulated emotionally when she`s around the children because the children might remind her of the father. That`s a hypothetical. So then the child feels that the attachment with the mother is disrupted. Those are the things that the parents have to watch out for. It`s not just preserving the marriage, it`s all these other considerations that have to do with parenting.

JOSTAD: Tom O`Neil, you`ve also covered, you know, as we have and Nancy Grace, some really ugly celebrity custody battles. What do you think? Do you think we`re going to see that with Tiger Woods?

O`NEIL: No, I don`t think they can dare do that. You know, here`s what I`m most interested in: what does Tiger do now? Let`s assume the divorce goes through. Does he pull a Donald Trump? Does he marry one of these gals the way Donald Trump married Marla Maples? And remember the way that Woody Allen married Soon Yi, the gal he was accused of dallying with. Does that mean Tiger hooks with Rachel Uchitel?

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Do you feel guilty?

GRUBBS: I guess if I were to seriously think about it, you know, I did feel guilty that, you know, he`s spending his time with somebody, you know, that isn`t his wife. But, you know, he never mentioned her. And it was kind of -- you know, I never thought about it. I thought of our times together and how I felt about him and how my heart wanted -- what my heart wanted. So I never.

UNIDENTIFIED FEMALE: Do you think that Tiger`s a sex addict?

GRUBBS: The man that I knew, the Tiger that I knew, I would never think that. You know, it was never about that. He never, you know, just kind of said come over and that`s what`s going to happen. So, I mean, the person that I knew, I would say no.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

TOM O`NEIL: Now, emails come public, alleged sent by Tiger Woods to alleged mistress, Rachel Uchitel, published inside "In Touch" magazine. Woods allegedly e-mails, "Never thought I would care and be as emotional as I am with you. You bring a side of me I never thought existed, both good and bad. I don`t like feeling so vulnerable. It bothers me a lot. I`m much tougher than this. I just want you to know what`s going on inside me."

TIGER WOODS, PROFESSIONAL GOLFER: Hey, it`s Tiger. I need you to do me a huge favor. Can you please take your name off your phone? My wife went through my phone and may be calling you.

O`NEIL: A full-blown Tiger Woods scandal. Another e-mail Woods allegedly wrote says, "I need you here. Just pack and get organized. Sorry if I hurt you. Get yourself together and get on the flight. We can fight down here and have make-up sex."

How might these alleged e-mails affect any possible prenup and the fragile relationship between Tiger and Elin Woods?

NANCY GRACE, HOST: Straight out to Tom O`Neil. He is the senior editor with "In Touch Weekly." They have published some of these 100 alleged emails and texts.

I don`t know what you`re smiling about because this is going to be most likely not only the end of a marriage -- but, you know, forget those two, you know, they agreed upfront. They bargained for each other. But what about those children? You know, right now, I can take a lot from my husband because I would not want to split up the family with the children. But with these going public, I mean -- hold on, Tom.

Liz, let`s take a look at a couple of these. These are in "In Touch Weekly`s" this week edition. "I know it`s brutal on you that you can`t be with me all the time. I get it. It (EXPLETIVE DELETED) kills me, too. I finally find someone I can connect with, someone I have never found like this not even at home."

Oh, "You want someone to witness your life. I want you to lay next to me, lay on me or wherever you want to lay. (EXPLETIVE DELETED) why didn`t we find each other years ago? We wouldn`t be having this conversation."

Next, "Never thought I would care and be as emotional as I am with you. You bring a side of me I never thought existed, both good and bad. I don`t like feeling so vulnerable. It bothers me a lot. I`m much tougher than this. I just want you to know what`s going on inside of me."

You know, they go on and on and on, Tom O`Neil, him calling her his soul mate, according to your article, talking about how he wished he had met her before he married his gorgeous, Sweden, supermodel wife and had two, beautiful healthy children.

You know, before I thought, Tom O`Neil, that Elin Nordegren might say, "Okay, he had some flings. I`m not happy. I`m angry, but we`re going to work it out." But, you know, saying essentially he`d rather marry somebody else other than her -- where`d you get these things, anyway?

O`NEIL: It was -- a third party gave them to us. It`s very important.

GRACE: Whoa, whoa. I didn`t hear you. Where`d you get these?

O`NEIL: A third party provided them to us.

GRACE: A third party. Well, how would you get them from anybody but Rachel Uchitel? Now, I get why she thinks he`s going to leave his wife for her. He basically said that. It`s not all her chasing him. These emails.

O`NEIL: Here`s what`s significant, Nancy, you`re missing the point here. All right, we have two gals. We have Jaimee Grubbs.

GRACE: Don`t use gals. It`s demeaning. These are grown women.

O`NEIL: We have two alleged paramours here, OK. Is that an OK word? And we have evidence of one of them, Jaimee Grubbs. That`s a phone message that you played a bit ago. But we have no evidence up till now for the first gal, Rachel.

This is the source of the whole fight on Thanksgiving Day between Tiger and his wife, whether or not this tryst that they had in Australia really went on when the tabloids broke the story.

GRACE: OK, I`m going to go back to the first question that you have danced all around, Tom O`Neil, senior editor "In Touch Weekly." You say Rachel Uchitel, alleged mistress number one, the New York party girl she`s been called, she`s a hostess in a nightclub, didn`t give you these e- mails. All right, then who hacked into her email account?

O`NEIL: We don`t disclose that, Nancy.

GRACE: How did they end up in the hands of you?

O`NEIL: We don`t disclose that, but we do have lawyers who vet all the information that goes into "In Touch," to validate all these things.

GRACE: Did you pay her?

O`NEIL: You know what, I don`t know. No, no, we did not pay her. We do not pay for editorial. We do not.

GRACE: Then how do you say, "I don`t know" and in the same breath say, "No"?

O`NEIL: Well, no, because sometimes we pay for photographs. There is a distinction there. But "In Touch Weekly" does not pay for.

GRACE: Paying for photographs is the same thing as paying for an interview. You know, you`re putting perfume on the pig.

OK, forget it. I don`t want to talk about you and your policy. I want to talk about these emails. You`re not going to tell me where you got them from. They either had to come from her to a third party to you or somebody hacked in. There. It`s out there.

All right, how many are there?

O`NEIL: There are -- we have several. There are hundreds of these, of course, and text messages. And what`s interesting is that you can follow the story of the fight they have before they head to Australia, before the tabloids catch them down there and, which of course, leads up to the big blow-up on Thanksgiving Day.

GRACE: OK, give me a timeline. You say that you can recreate.

O`NEIL: Right. Exact dates -- I think it was November 9, the series of these emails take place where he first professes all this love for her. And then he starts telling her how jealous he is because she has told him in the past that she`s also been romantically linked with four other celebrities.

GRACE: Wait, put his face on. There he is, Tom O`Neil. So you`re telling me that Tiger Woods is mad at an alleged mistress because she`s dated other people?

O`NEIL: Right, right, right, some four other celebrities. He said, "That means you just probably want me for your fame." They end up having this big fight back and forth. And he says, well, let`s not fight here. Let`s jump on a plane and go down to Australia and have the fight there and then have make-up sex.

(BEGIN AUDIO CLIP)

POLICE: Was he conscious or unconscious?

JARIUS ADAMS: At that point, he was snoring.

POLICE: He was snoring?

JARIUS ADAMS: He was actually snoring.

POLICE: OK, did she say anything to you?

JARIUS ADAMS: No. I mean at this point, she was actually very quiet. She was kind of in shock, you know, just kind of sitting there. She wasn`t very verbal.

(END AUDIO CLIP)

(COMMERCIAL BREAK)

GRACE: It all started with a late-night head-on collision with a tree and fire hydrant, but then a string of alleged mistresses surfaced. Tonight, let`s remember this is all about one thing, his children.

(BEGIN VIDEO CLIP)

WOODS: Hey, it`s Tiger. I need you to do me a huge favor. My wife went through my phone. She may be calling you."

DISPATCHER: Is it an auto accident?

UNIDENTIFIED MALE: Yes, there was an auto accident, yes.

UNIDENTIFIED FEMALE: Oh, my God.

UNIDENTIFIED MALE: I have a neighbor. He hit the tree.

DISPATCHER: OK, are you able to tell if he`s breathing?

UNIDENTIFIED MALE: No, I can`t tell right now.

GRUBBS: I did feel guilty that, you know, he`s spending his time with somebody, you know, that isn`t his wife. It`s the way he was.

UNIDENTIFIED FEMALE: Elin, how are you? Do you still love Tiger, Elin?

UNIDENTIFIED MALE: Elin has had pretty much had enough. Every day, it seems like they`re doing.

UNIDENTIFIED FEMALE: Two unnamed sources tell "People" magazine, Elin, his wife, plans to leave the world`s greatest golfer.

UNIDENTIFIED FEMALE: Are you going to divorce him, Elin? What do you think of his 14 mistresses?

UNIDENTIFIED FEMALE: She recently was photographed without her wedding ring.

UNIDENTIFIED FEMALE: That`s routinely the first sign of a divorce, people start taking off the ring.

UNIDENTIFIED MALE: And she`s going to take the kids to Sweden for the holidays and we`ll see if she ever comes back.

(END VIDEO CLIP)

GRACE: As we begin a new year tonight, let`s stop and remember Army Specialist William Bailey III, 29, Belleview, Nebraska, killed Iraq, awarded the Bronze Star, the Purple Heart, lost his life just weeks before his 30th birthday, a volunteer firefighter and EMT back home, a street named in his honor. He loved hunting, riding motorcycles. He leaves behind parents, Margaret and Terry, sister, Jessica, widow, Dee, five children. William Bailey III, American hero.

Thank you for being with us and inviting us into your homes. And thank you to New York. Friend of the show, Lori, for these classic children stories on DVD. The twins are going to love these, thank you.

Everyone, I`ll see you tomorrow night, 8:00 sharp Eastern. And until then, Happy New Year and good night, friend.

END