Denise Richards to Undergo Surgery in December amid Divorce

Denise Richards will undergo surgery in December as her contentious divorce with her estranged husband, Aaron Phypers, continues.

Richards, 54, made the revelation in court documents filed Friday, Nov. 21, responding to Phypers’ emergency request for an expedited spousal-support hearing to take place within 15 days of his Nov. 20 filing. The next hearing had been scheduled for Jan. 5, 2026.

According to The Real Housewives of Beverly Hills alum’s responsive declaration, Richards “will be unavailable for a large portion of the month” of December due to her planned surgery. The document does not describe what type of surgery she will undergo. A rep for Richards did not immediately respond to PEOPLE’s request for comment. 

The star was granted a five-year restraining order against Phypers on Nov. 7 after she offered dramatic testimony alleging Phypers, 53, physically abused her throughout their six-year marriage.

The actor turned businessman, who filed for divorce from Richards in July, is facing four criminal charges by the State of California — two counts of injuring a spouse, cohabitant, fiancé, boyfriend, girlfriend or child’s parent; and two counts of dissuading a witness by force or threat. He has denied claims he abused Richards.

In opposing Phypers’ ex parte application, Richards’ attorney, Brett. A Berman, argued, “there is no emergency, no irreparable harm, and no immediate danger that warrants” an emergency order, and requested that the Jan. 5 hearing be pushed back because he is not available on that date, owing to a conflict with another case. 

Additionally, Berman asked a judge to fine Phypers $2,000 for “filing this unnecessary and frivolous ex parte application” and forcing Richards to respond. Citing California law, he accused Phypers of “demonstrating conduct which ‘frustrates the policy of the law to promote settlement of litigation.’” 

“Instead of reducing the costs of litigation by encouraging cooperation, [Phypers] is only inflaming the situation and causing attorney fees to escalate,” the filing states. “Accordingly, [Richards] should be awarded sanctions.” 

A judge denied Phypers’ request based on “insufficient showing of exigency.” The judge added that “court congestion” and Richards’ attorney’s schedule supported continuing the hearing until Jan. 7 “when the court’s calendar is less congested so as to ensure sufficient time can be devoted to the hearing.” Notably, hearings on Richards’ request for a restraining order against Phypers went beyond the court’s initially scheduled three days. 

The judge, in their ruling, reminded both Richards and Phypers to obey the terms of the restraining order. 

In his request for an expedited spousal support hearing, Phypers claimed, “I am in literal danger of being made homeless with no vehicle and no cell phone unless the hearing can be advanced to an earlier date and orders can be entered allowing me access to the substantial funds that are being controlled by [Richards].” 

Never miss a story — sign up for PEOPLE’s free daily newsletter to stay up-to-date on the best of what PEOPLE has to offer​​, from celebrity news to compelling human interest stories.

He also stated, “My financial situation gets worse by the day. My pickup truck, which is now my only vehicle, is subject to repossession. I am in danger of eviction at any time. I am begging friends for money to have food to eat. I now have criminal charges against me and I need to retain a defense attorney before my next hearing, which is in mid-December.” 

He had asked Richards for “$125,000 for past due rent; $2,673 for past-due vehicle registration; $17,820 for pickup truck payment arrears; $10,090 for past due HOA fees; $1,960 for storage units past due; $3,543 in past-due water bill for reconnection; $13,000 past due gas for reconnection; $12,000 for past-due electricity (subject to shut off); $1,400 past due waste management; $1,200 past-due special trash removal; and $150,000 for legal fees and administrative costs” he stated were necessary “in order to survive.”