McCourts fighting via 911 and TMZ now *

Turns out that Jamie McCourt called in a 911 emergency on Sept. 5 because Frank McCourt turned up at their Holmby Hills home at 10 in the morning — while she was swimming. The TMZ report says Jamie was "frightened because of previous incidents in which Frank had allegedly lost his temper and scared her." Frank's lawyer says, however, that Frank was living in that home, and Jamie in Malibu, and that Frank came home to find her in the pool and with her personal "security assistant" Jeff Fuller (lawyer's quotation marks) nearby. Frank never knew a 911 call had been placed, the lawyer says. Jamie's lawyer disputes some of the facts, including that Fuller was there.

So now we know they were separated as early as Sept. 5.

* TMZ updates: Fuller, "an heir to the Pillsbury fortune who was fired as Director of Protocol for the Dodgers earlier this month," is romantically involved with Jamie McCourt, says TMZ — adding that they supposedly became involved after the McCourts separated.