Recent Blog Posts in December 2009

In order to obtain a marriage license in the state of California, you must meet the following requirements:

• Marriage licenses will only be granted to an unmarried man and an unmarried woman.

• Show proof of your age.  This can be done with a valid California driver’s license, U.S. passport, military identification card, or alien resident card.  A certified birth certificate or baptismal record and a picture form of identification issued by a government agency will also be accepted, however, these documents must be in English.  If the documents are in a foreign language, they must be accompanied by a certified English translation.  Any document that is expired will not be accepted.

If the person wishing to marry is under 18 years of age, he or she must provide a notarized parent or guardian consent statement and a Superior Court order granting permission to marry.

• Proof of divorce, dissolution, or death.  If either you or your fiancé was previously married, you must present a copy of the divorce or annulment papers if the divorce or annulment took place within the last two years.  If either you or your fiancé have been widowed for two years or less, you must provide a copy of your spouse’s death certificate. 

• Pay a Marriage License Fee.  The fee for a marriage license is $70.  

• Marriage License Application.  To apply for a marriage license in Riverside, both you and your spouse must appear together at the office of the Riverside Assessor-County Clerk-Recorder.   To apply for a marriage license in San Bernardino, you and your spouse must appear together at the County of San Bernardino Auditor/Controller-Recorder’s office.

To learn more about applying for a marriage license in Riverside, San Bernardino, or the Inland Empire, please do not hesitate to contact the office of Riverside family law attorney Michael R. Young today!

Parental Alienation is a type of behavior in which a parent interferes with a child’s relationship to his or her other parent.  Parental alienation is usually intentional, and typically arises in contested divorces or separations.  The parent trying to alienate the child is essentially manipulating the child in an attempt to turn the child against his or her other parent. 

If you think your child might be a victim of parental alienation, there are several signs that may indicate your child is being brainwashed by their other parent, such as:

• The child seems more distant and withdrawn
• The child may start acting out, or may seem angry at you all the time
• The child starts blaming you for the divorce or separation 
• The child no longer wants to spend time with you
• The child’s overall attitude and behavior has changed, for the worse
• Your relationship with your child is suffering and has become strained

According to an article published in The Telegraph, a London newspaper, a rising number of divorces are being blamed on Facebook, the popular social networking site.

In the article, divorce attorneys claim that the website tempts people to cheat on their spouses, and that one in five divorce petitions cite Facebook as a reason for the dissolution of the marriage.

While it may be easy for a person to be unfaithful to their partner through the site, it is irresponsible to blame Facebook for a marital breakdown.  Let’s get real. PEOPLE cause marital breakdowns.  If a person wants to cheat on their spouse, they will.  Facebook is just an easy and convenient way for people to communicate with a lover or mistress behind their spouse’s back. 

Adults need to take accountability for their actions.  Whether they send inappropriate messages to a person other than their spouse, or they participate in a sexually suggestive or inappropriate chat, it is still the person who is being unfaithful.  If Facebook wasn’t around, it can be assumed that people would find other ways to carry out their infidelity.

But whether Facebook should be blamed for a divorce, countless people are using wall posts and flirty messages as evidence of adultery in their divorce petitions.

Actor Charlie Sheen was arrested on domestic violence charges on Friday.

Sheen was vacationing with his wife Brooke Mueller in Aspen, Colorado when the incident took place.  Mueller allegedly called police Friday morning after she and Sheen got into a fight.  Supposedly Sheen was upset about Mueller’s partying and she went ballistic.  Mueller allegedly told police that Sheen choked her, but then later changed her story.

According to the Pitkin County Sheriff’s Department, the “Two and Half Men” star was booked for assault, criminal mischief, and menacing.

Sheen was released Friday night after posting $8,500 bond.  He is due back in court February 8.

Sheen’s publicist immediately responded, urging the public not to jump to conclusions until an investigation is complete and the case has been wrapped up.

Despite this altercation, Sheen and his wife are not planning to file for divorce, according to Sheen’s manager, Mark Burg.

Domestic violence is typically talked about as an injustice committed against women and children.  While there are thousands of innocent woman and children who fall victim to domestic violence every year, it is important to realize that men can be victims of domestic violence as well.

There are have been numerous studies that have found women are just as capable of abusing men as men are capable of abusing women.  Although a woman may not be as strong as a man, she can still inflict physical violence against a man.  For example, a woman is perfectly capable of hitting, punching, kicking, or even burning a man, all of which are examples of domestic violence.  Furthermore, domestic violence does not always refer to physical violence.  Stalking, harassment, and financial abuse are also considered forms of domestic violence, something a woman is perfectly capable of committing. 

After a divorce, an individual who was ordered to pay spousal support can seek to modify the spousal support arrangement under certain circumstances.  Generally, the individual will need to prove there has been a significant change in circumstances that warrants the change. This might include an unexpected job loss, a sudden illness, a medical emergency, etc.  Although the court may not terminate the individual’s obligation to pay spousal support, the judge can reduce the amount of support that is paid to reflect the individual’s new situation.

In addition, there are also cases in which an individual can get his or her spousal support obligations terminated.  For example, if the other spouse gets remarried, the spouse ordered to pay support will no longer be obligated to continue making payments.

On the flip side, the spouse receiving support can ask for a modification as well.  However, in order to successfully modify the order, he or she will need to give the judge a legitimate reason as to why he or she deserves more money. 

If you are thinking of filing for divorce in Riverside, San Bernardino, or anywhere in the Inland Empire, it is important to understand the divorce requirements in California.  

No Fault State

Unlike other states, California is a no fault state, which means that a couple wishing to file for divorce does not need to prove that one or both spouses was at fault for the dissolution of the marriage.  In California, a couple can file for divorce on grounds of “irreconcilable differences,” which essentially means the couple no longer gets along, and does not have any desire to try and change or fix the situation in order to save the marriage.  Irreconcilable differences accounts for the vast majority of the divorces in California.

A couple can also file for divorce on grounds of “incurable insanity,” however this type of divorce is rare.  A couple can only file for divorce on grounds of incurable insanity if the insane spouse was, based on testimony from a medical or psychiatric professional, insane at the time marriage petition was filed and has remained incurably insane throughout the marriage. 

Residency Requirements

A couple must also meet specific residency requirements before they can file for divorce. These requirements state that both people in the marriage must have been a California resident for at least 6 months, as well as have resided in the county they are filing for divorce in for no less than 3 months.

Experienced Divorce Lawyer Serving Riverside, San Bernardino & Inland Empire

If you have any questions regarding filing for divorce in California, please do not hesitate to contact my office.  As an experienced Riverside divorce attorney, I have represented thousands of clients throughout Riverside, San Bernardino, and the Inland Empire wishing to file for divorce, and can provide you with the experienced guidance, counsel, and representation you need to move forward in the divorce process.  Whether you are ready to file for divorce, or simply have a question about the divorce requirements in California, please do not hesitate to contact the Law Office of Michael R. Young today, or click here to fill out a free case evaluation form.  I look forward to speaking with you soon!

If you are planning to get married, you should strongly consider drafting a prenuptial agreement.  A prenuptial agreement is a type of marriage contract that lists each person’s property, as well as each person’s property rights after the marriage commences and during a divorce.

Although it may be difficult to discuss these issues, the value of having a prenuptial agreement on file far outweighs any awkwardness you may feel about talking with your fiancé about creating an agreement, as having an agreement will protect you during the property division stage of the divorce.  Because you have included instructions for how you would like your property to be divided in the agreement, neither you nor your spouse can attempt to steal or take ownership of the property in question.  Your property will be divided in accordance to the terms of the prenuptial agreement, rather than be subjected to state distribution laws. 

When a child is born into a marriage it is presumed the husband is the father, and it is not necessary to sign a Declaration of Paternity.  However, registered domestic partners and unmarried couples need to sign a Declaration of Paternity indicating who the father of the child is.  

When the parentage of a child is questionable, both the mother and the presumed father can request a paternity test.  When a woman requests a paternity test, it is usually because she needs child support, and needs to establish which man is responsible for supporting the child.  Sometimes the woman doesn’t want money, but just wants the peace of mind knowing who the father of her child is. 

Men seek paternity tests for similar reasons.  In some cases, a man may want to be involved in the child’s life, but the mother won’t give him custody or visitation time unless he can prove he is the father.  In other cases, a man may wish to establish paternity so he can get out of paying child support.  If a paternity test indicates the man is not the father, he is not legally obligated to continue paying child support to the mother.

Lately it seems like domestic violence has become a popular topic in the media.  The incident that took place in February between singers Chris Brown and Rihanna made national headlines, and continues to make headlines nearly 10 months later.  Domestic violence has also been rumored in the Tiger Woods scandal.  It was reported that Woods’ wife Elin chased Tiger out of the house with a golf club, bashing in his car window before Tiger eventually crashed into a tree.  Saturday Night Live made a skit about the incident between Tiger and his wife, one that was met with much controversy.  And promotional footage for the new MTV reality show Jersey Shore shows a female cast member getting punched in the face by a man at a bar.  That footage has now been pulled from the air and will be used in an anti-domestic violence campaign.

While all the attention being paid to domestic violence is good way to raise awareness, we shouldn’t forget that domestic violence begins at home, and there are things we can do to reduce the rate of violence and abuse.

First, if you or a loved one is being abused, threatened, or mistreated, REPORT IT!  So many instances of domestic violence and abuse go unreported.  By filing a complaint with the police or contacting an experienced domestic violence attorney, the appropriate steps can be taken to stop the violence.  An attorney can also help you file for a restraining order.  

If you are someone who feels angry, and you have found yourself wanting lash out at loved ones, get the help you need. Whether you speak with a therapist or just to a friend, openly discussing what is making you angry can help you work through the anger issues you are experiencing before they manifest into physical violence.

If you are a parent, teach your children about violence, and talk to them about how violence, abuse, and making verbal assaults is not the way to get what you want or how to resolve a problem. Although bad behavior is often learned at home, it is also the place where good behavior starts.

Many unhappily married couples have contacted the Law Office of Michael R. Young to inquire about getting an annulment. 

After a couple is granted an annulment, the court will consider the marriage not legally valid. Therefore, it will be as if the marriage never existed. While an annulment is a viable alternative to divorce, not all married couples will qualify. 

In order to be granted an annulment a couple must meet at least one of the following criteria:

• One of the spouses was underage (younger than 18 years old) when the marriage began
• The marriage was forced
• The marriage was based on fraud
• The marriage was incestuous
• One of the spouses was already married
• Once of the spouses was incapacitated when the marriage began

If you meet at least one of these criteria, you should contact my office about filing for an annulment.  As an experienced Riverside divorce lawyer, I have handled multiple annulment cases throughout my career, and can help you file the appropriate paperwork to get the process started. If children were born into the marriage, it can make things more complicated, but not impossible.  In these types of cases, it is imperative that you contact my office for help, as a judge may not be as willing to grant an annulment.  

Interested in filing for an annulment? Contact the Law Office of Michael R. Young today!

During a divorce, it is important to determine which of your assets and debts are considered separate property and which are considered marital property.  Because California is an equal distribution state, all of a couple’s marital property will be divided evenly between the spouses.  Separate property is not divided.

Marital property is considered any debts or assets that were acquired after the couple got married but before the marriage was terminated.  Separate property is considered any assets or debts that were acquired by either spouse before the marriage.  Inheritances, gift from third parities, and personal injury damages are also considered separate property as well.  

While determining martial and separate property may seen cut-and-dry, it can become quite complicated.  For example, say a man owned a business before he got married. Then after he was married, the value of the business grew.  During a divorce, is the man’s wife entitled to half the business? Or only half of the amount the business grew in value?  What if she worked at the family business while she was married? Is she entitled to more than half since she invested her time and energy into making the business more profitable?

Needless to say, the property division stage of a divorce can be very difficult to resolve amicably, and often is a heated topic in a contested divorce.  If you are thinking of filing for divorce, be sure to protect your assets by hiring a skilled Riverside divorce attorney to represent you.

To schedule a consultation to discuss your case, please contact the Law Office of Michael R. Young today!

Is text messaging the new lipstick on the collar?

In the past, a cheating husband’s infidelity could be found by a lipstick stain on his collar.  Other times, wives discovered undergarments wedged underneath the mattress or stuffed into a drawer.  But in today’s technologically advanced society, cheaters are getting caught a different way: through text messages.

It’s not uncommon.  A man or woman stumbles upon his/her wife or husband’s cell phone, only to discover a racy text message exchange between their spouse and another man or woman.   Case in point: Tiger Woods.  Woods allegedly exchanged countless text messages with his mistresses, all of which were a little too sexually suggestive for a married man.  Another example?  Detroit Mayor Kwame Kilpatrick, who sent thousands of text messages to his mistress, who also happened to be his chief-of-staff.

These public figures aren’t the only ones getting caught this way. Throughout the country, many husbands, wives, boyfriends, and girlfriends are discovering their partner’s unfaithfulness through text messaging.  Shouldn’t people realize how easy it is to get caught this way? How easy it is for their spouse or boyfriend or girlfriend to go through their text messages and discover the affair?  Apparently not, according to Parry Aftab, a privacy and internet safety lawyer.

“People don’t think when they’re having an affair, they don’t think when they’re leaving a trail of cyber bread crumbs behind them that their spouse may see. They’ll log on, take pictures, they’ll text, thinking somehow, because it’s on their cell phone, nobody will see it,” Aftab said to Good Morning America.  

And while it is ultimately one’s decision whether or not to communicate through text messaging, divorce lawyers across the country are using these text messages as ammunition in divorce cases. 

The best way to avoid getting caught (other than simply not having an affair)?  Don’t leave a digital footprint.  It’s a lot harder to wash away than a lipstick stain.

Do you need to speak with an experienced divorce lawyer in Riverside? Contact the Law Office of Michael R. Young today!

Before a divorce is finalized, an agreement must be reached in regards to child support.  Once a child support order has been finalized and enforced by the court, the parties involved must live up to their responsibilities.  This means the person paying child support must make all of their payments in full and on time.

While most parents have every intention of paying child support, sometimes a change in circumstances might occur that makes it difficult to keep up with the amount specified in the child support order.  In these types of situations, the parent paying child support can seek a modification with the courts. 

The courts will only grant a modification to reduce child support if the parent can prove there has been a significant change in circumstances.  This might include an unexpected job layoff, a medical emergency, a sudden illness, etc.

Modifications can also be sought by the parent receiving child support for more money.  But just like those parents wishing to reduce the amount of child support, the parent receiving child support must prove there has been a significant change in circumstances that warrants more money.  For example, the child became sick or injured and needs more medical care, the child’s education expenses demand more money, or simply the overall cost of caring for the child has gone up dramatically.

If you or someone love is a victim of domestic violence or abuse, an experienced Riverside domestic violence attorney at the Law Office of Michael R. Young can help you obtain a restraining order. 

A restraining order is a court order that prohibits the offender from coming within a certain distance of the victim or from making contact with the victim.  In California, there are multiple types of restraining orders.  If you are in need of protection from an abuser or stalker, a Riverside domestic violence lawyer at our firm can help you obtain one of the following types of restraining orders:

• Emergency Protective Order
• Domestic Violence Restraining Order
• Temporary Restraining Order
• Restraining Order after Hearing

In addition to seeking a restraining order for yourself, an attorney at our office can help you obtain a restraining order for your children or your loved ones as well.

If you and your spouse no longer wish to be married, there are three ways you can terminate the marriage.

Divorce:  Divorce is the dissolution of marriage.  During a divorce, a couple will need to resolve a number of important issues, in particular property division, child custody and visitation, child support, and spousal support.  However, it is important to mention that California has residency requirements that a couple must meet in order to file for divorce.  These requirements mandate that at least one of the spouses must have been a California resident for at least 6 months, and they must have resided in the county in which they are filing for divorce for at least three months.  Aside from the residency requirement, couples in California do not need to establish fault, as California is a "no fault" state.

Legal Separation:  Legal separation is a good option for married couples who aren't getting along and are considering filing for divorce, but may not feel ready to take such a permanent step.  Couples who file for a legal separation will remain legally married, but agree to live separately for a while.  While some couples live separately and then decide to proceed forward with divorce or move back in and resume married life, other couples remain separated indefinitely.  And like a divorce, the couple will need to reach agreements in regards to child custody and visitation, child support, alimony, and property distribution.

Annulment:  After a couple is granted an annulment, it will be as if their marriage never existed. This is quite different from a divorce.  After a divorce, a couple's marriage will still be kept in the court files, the couple will just no longer be married.  It should be mentioned that not everyone will qualify for an annulment.  To qualify for an annulment, a couple must meet at least one of the following criteria:

• The marriage was based on fraud
• One of the spouses was a minor when the marriage took place
• One of the spouses is/was already married
• One of the spouses is physically incapacitated
• The marriage was forced

If you are interested in learning more about filing for divorce, separation, or annulment, please do not hesitate to contact the Law Offices of Michael R. Young.  As an experienced Riverside divorce lawyer, I have extensive experience in all three of these areas of family law, and can provide you with the skilled and dedicated representation you will need during this time.

If you are getting married or are involved in a committed, long-term relationship, you may want to consider drafting one of the following types of marital contracts:

Prenuptial Agreement:  a prenuptial agreement is filed before a couple gets married.  This agreement outlines a couple’s wishes in regards to property division, spousal support, child support, and child custody should their marriage end in divorce.

Post Nuptial Agreement: a post nuptial agreement serves the same purpose as a prenuptial agreement, except it is filed after a couple has gotten married, rather than before.

Cohabitation Agreement:  a cohabitation agreement is a legal document that is filed between two people who live together and are committed to each other, but are not married.  A cohabitation agreement can ensure these types of couples are protected in the event of death, an unexpected illness, or separation.  It is important for any non-married, but committed couple to consider drafting a cohabitation agreement, as it will ensure them certain rights that would not otherwise be awarded by the state, specifically medical and financial benefits, property division, power of attorney, inheritances, child custody or guardianship, and more.

Domestic Partnership:  California law permits same-sex couples to register as domestic partners.  Since California law does not recognize gay marriage, domestic partnership provides many of the same rights and benefits that married couples receive. Non-married, heterosexual couples in which one person in the relationship is at least 62 years old can also register for domestic partnership.

Contact an Experienced Riverside Family Lawyer for Help!

If you are interested in drafting or filing any of these types of marital contracts, please do not hesitate to contact the Law Offices of Michael R. Young.  As an experienced Riverside family law attorney, I have helped countless clients throughout Riverside and San Bernardino prepare and file these agreements.  Should you retain my services, you can trust that I will work with you one-on-one to draft an agreement that is customized to your wants and needs. 

To schedule a consultation to discuss drafting a marital contract, please do not hesitate to contact my Riverside Prenuptial Agreement Law Firm today!

Needless to say, going through a divorce is never easy.  A lot of emotions are involved, and both parties in a divorce may have conflicting options in regards to child custody, child support, property division, and alimony.  While it’s understandable that each spouse will have strong opinions over the dissolution of their marriage, it’s to their benefit to try to settle the various issues of their divorce amicably.

When a divorcing couple is able to agree up on the terms of their divorce, it is referred to as an uncontested divorce.  If you are going through a divorce, you and your spouse should strive to resolve your divorce in an amicable fashion.  Unlike a contested divorce, in which the parties are not able to agree upon the terms of their divorce, parties in an uncontested divorce tend to save time, money, and unnecessary stress, anxiety, and an array of other negative emotions.  The faster the parties in a divorce are able to settle their divorce, the more time it will save and the less expensive it will be.  Furthermore, when the parties are able to work through their divorce without the fighting, bickering, and name-calling that is ever present in a contested divorce, both parties can avoid an emotional rollercoaster and the mental exhaustion that tend to accompany these types of divorces.

There are many advantages to working with an experienced attorney for any divorce or family law case.  As a Riverside divorce lawyer with many years of experience, I will be the first one to tell you there are many benefits to having a skilled and knowledgeable attorney on your side.

During a divorce, or for any family law case for that matter, it is best to hire an attorney separate from that of your spouse to protect your rights and ensure your needs, wants, and concerns are acknowledged and addressed.  l make myself available at all times to answer my clients' questions, clear up any concerns, and put their worries at ease.  As your attorney, I can also make sure all of your legal paperwork is filled out correctly and filed with the appropriate court.  But most importantly I will remain by your side in mediation, arbitration, or in court to ensure your needs are not overlooked.  If you and your spouse or partner cannot amicably decide on how to resolve your divorce, not only can I help you work through your obstacles or discrepancies, but I can also ensure that what you hope to achieve in court is not ignored or undermined by the other party.  I will make sure the judge or mediator hears your voice, and I will do everything I can to ensure your case results in an outcome that meets your satisfaction.  

My services are not limited strictly to divorce.  I also offer legal counsel and representation to clients throughout Riverside and San Bernardino with cases involving:

• Child Support
• Child Custody
• Spousal Support
• Paternity
• Domestic Violence
• Restraining Orders
• Adoption
• Annulment
• Legal Separation
• Prenuptial Agreements

To learn more about my experience and services, please contact me, Riverside divorce attorney Michael R. Young today!

The San Bernardino County Department of Child Support Services has been honored with the Outstanding Program Award at the 2009 Child Support Training Conference and Expo in Garden Grove.

The award, which honors local child support agencies that have continued to exemplify quality child support services to its community and constituents, comes just six years after the county was placed on a list of agencies that needed corrective action. 

The department’s main problem was that it was below-average in collecting child support payments.  In 2005, Connie Brunn was appointed director of the department, and vowed to improve the department’s reputation.  

Brunn immediately began working to improve training and communications between management and staff. She also helped implement a telephone call center and several new systems, including a centralized case management system and a child support payment disbursement system.

The San Bernardino Department of Child Support Services provides services to more than 161,000 families throughout the county, and collects about $150 million in child support annually.

If you are searching for an experienced child support attorney in San Bernardino or Riverside, please contact the Law Offices of Attorney Michael R. Young today!

A new report indicates that divorce among U.S. military personnel is on the rise.  The report combines statistics from the Army, Navy, Marine Corps, and the Air Force.

In the last budget year, which ended on September 30, there were approximately 27, 312 divorcees among the 765,000 married, active-duty members of the military.   That number is a full percentage point higher than the divorce rate among military personnel around the time of the September 11^th attacks.

The divorce rate also increased among the reserve members of the military. This fiscal year the divorce rate was 2.8 percent compared to 2.7 percent the year before.

As in previous years, there was a higher rate of divorce for female military members—7.7 percent for woman compared to 3 percent for men.

What is the cause for the general increase in divorce among our troops?  Experts believe it is stress from the wars being fought in Iraq and Afghanistan.  Many U.S. soldiers have been killed and countless more have been seriously injured since 2001, when troops first begin being deployed to the Middle East.  It’s easy to see how the stress of active military duty, combined with the sadness and grief of losing a fellow soldier, can lead to problems in one’s personal life that may affect his/her marriage.

For years judges, social workers, child protective agencies, and family psychologists have been interested in “the best interest of the child.” It is the standard they use for determining child custody arrangements, visitation schedules, child support, adoption, grandparent visitation rights, and more.  While these professionals claim to have the child’s best interest at heart, the question is, do they really protect the child’s best interest when making their decisions or giving testimony?

The question came to mind after coming across an article about a father who lost his child after the mother gave up the child for adoption behind his back.  The child had lived with both parents for all of his one and a half years of life.  When the father went out of town one weekend, the mother took the child to an adoption agency, lied to the agency about the father’s involvement in the child’s life and his whereabouts, and gave the child up for adoption. When the father found out what had happened, he immediately contacted the adoption agency and told them he did not want to give up his child.  The agency decided to keep the child with the adoptive parents. 

A year and a half later, experts determined that the child had bonded with the new adoptive parents, and taking him away from those parents would not be in the child’s best interests.  As for the birth father? He was out of luck. And for the record, nobody bothered to acknowledge that it was never in the child’s best interest in the first place to be so abruptly taken away from his father.

The father later sued the mother and the adoption agency in civil court, and was awarded damages.  However, the father never received any money.  The agency filed for bankruptcy.

Were Your Rights Violated? Contact Michael R. Young for Help!

This is just one example of how “the best interest of a child” can work in all the wrong ways.  While this ideology should be applied to families that are already broken, there are times when judges, psychologists, and social workers can take this idea and skew it in a way that breaks up loving relationships.

If you think your parental or grandparental rights have been violated by a judge, child protective services agency, social worker, or psychologist who claims to have based his or her decisions on the “best interest of the child,” please do not hesitate to contact my office immediately.  As an experienced Riverside family law attorney, I have a solid knowledge and understanding of the laws and acceptable practices in California family court. Let me use my knowledge and experience to protect your best interest and strongly advocate your rights!

Contact Riverside family lawyer Michael Young today for experienced and dedicated legal representation!