A judge wants to know why Erika Jayne and her estranged husband, Thomas “Tom” Girardi, have yet to divorce.
Nearly six years after the 55-year-old Real Housewives of Beverly Hills star filed for divorce amid news of Tom’s scams against clients at his now-defunct law firm, Girardi Keese, which resulted in the 87-year-old ex-attorney being sentenced to over seven years behind bars in 2025, Erika is being faced with her request potentially being tossed out.
According to court documents obtained by TMZ on August 25, a hearing has been set for early next year, at which point both Erika and Tom, who has been diagnosed with dementia, are expected to appear in court and explain what’s holding up their divorce proceedings. And, if they don’t present a convincing argument, the case will be dismissed without a final judgment.
As RHOBH fans may know, Erika has been dating John “Shrek” McPhee since at least last summer, when they were first caught together in Los Angeles.
Weeks later, on an episode of Diamond in the Rough, via Us Weekly, Erika admitted that she and John “didn’t know” they were being photographed.
“I was just trying to get a manicure, and I was just holding someone’s hand,” she recalled. “It felt really nice. It was really nice, like, I feel comfortable holding this person’s hand, and he’s a nice man. I haven’t been seen with anybody in five years, so this is a really nice person, and I enjoyed my time with him.”
Later that year, Erika spoke of her romance with John on Watch What Happens Live.
“The person I’m currently dating is a very nice person … [We’ve been dating] six months … I will [be spending the holidays with him]. I leave on Saturday. I’m so excited,” she revealed.
More recently, in April of this year, Erika confirmed they were “still dating,” but she added that he would not be seen on the show.
“He doesn’t watch the show, and he’s not on the show,” she told Paper magazine.
The Real Housewives of Beverly Hills season 16 is currently in production.