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January

Recent Blog Posts in January 2010

January 29, 2010
  Collaborative Divorce
Posted By Law Office of Michael R. Young

Just because you and your spouse have decided to end your marriage, does not mean you cannot try to settle your  divorce in an amicable fashion. Collaborative divorce provides a forum for spouses who want to work together to resolve the various issues of their divorce. Collaborative divorce has helped prevent hatred and resentment between spouses, and is much less expensive, time-consuming, and emotionally taxing than litigation in family court.

What is Collaborative Divorce?

Collaborative divorce refers to divorces in which the parties agree to work together to settle their divorce in a way that is fair for both parties. There are several issues that can be discussed and resolved through collaborative divorce, such as:

  • Determining the value of marital assets.
  • How marital assets, debts, and property are divided
  • Spousal support. There are several types of spousal support arrangements that can be considered. The parties can use this process to determine what type of spousal support is best for their particular situation.
  • Child support
  • Child Custody, visitation, and parenting plans

Experienced Divorce Lawyer Serving Riverside, Temecula & San Bernardino

If you are interested in learning more about collaborative divorce, Riverside divorce attorney Michael R. Young would be happy to discuss this topic with you in more detail. Collaborative divorce is a viable alternative to divorce that many couples have found to be very effective. Mr. Young represents clients throughout Riverside, Temecula, San Bernardino, and the Inland Empire, so if you live in these areas and would like to speak with Mr. Young about collaborative divorce, please contact the office today by calling (866) 902-5290.

Continue reading "Collaborative Divorce" »

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January 28, 2010
  Bristol Palin Seeks Child Support
Posted By Law Office of Michael R. Young

Bristol Palin, the oldest daughter of ex Vice Presidential candidate Sarah Palin, is seeking  child support from her ex-fiancé, Levi Johnston.

Court documents show Palin asking for $1,750 a month for their 19-month-old son Tripp. Palin is also seeking $18,350 in back child support. She claims she is providing 100% of Tripp’s care and that Johnston only paid her a total of $4,440 in a little over a year.

The amount Palin is asking for is based on Johnston’s income last year.  Under Alaska law, the non-custodial parent is required to pay 20% of his or her adjusted annual income in child support.

Palin also filed for full custody back in November, but Johnston’s attorney says his client wants joint custody of Tripp.

Need Help Getting Child Support?

Even with a court order it can be difficult to obtain child support payments. Whether you have decided to divorce or separate and need help seeking child support, or if a judge has already ordered your ex-spouse or partner to pay child support but isn’t complying, Riverside family law attorney Michael R. Young can provide you with the experienced and dedicated legal counsel you need. With Mr. Young’s help, you can rest assured your rights to child support will be aggressively advocated, and that all steps will be taken to ensure you receive an amount that fairly compensates you for your child’s daily needs.

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

Continue reading "Bristol Palin Seeks Child Support " »

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January 27, 2010
  Different Types of Alimony
Posted By Law Office of Michael R. Young

During a divorce one spouse might be ordered to make financial support payments to the other spouse, referred to as alimony or spousal support. There are several different alimony arrangements that can be applied, including:

Temporary Alimony: This type of support is paid while the couple is separated and throughout the divorce, but stops once the divorce has been finalized.

Permanent Alimony: Unlike temporary alimony, permanent alimony is awarded at the conclusion of a divorce, which is to be paid for a length of time specified by the court.  In most cases, permanent alimony is paid indefinitely or until the spouse receiving support remarries or either spouse passes away. It is typically paid in monthly installments or on some type of reoccurring basis. 

Rehabilitative Alimony: This type of alimony is usually only paid for a fixed period of time while the spouse receiving alimony searches for a job or pursues education in order to gain the skills necessary to get a job.

Reimbursement Alimony: When one spouse paid for the other spouse’s higher education or job training, the spouse who received the training or education reimburses the other spouse for full or partial tuition through reimbursement alimony.

Lump-Sum Alimony: Should one spouse decide they do not want any property or joint assets, they can elect to receive a lump-sum payment that is equal to what the value of the property they would have received.

If you have any questions about alimony or how spousal support is paid in California, please do not hesitate to contact the Law Office of Michael R. Young today. Riverside divorce lawyer Michael Young has extensive practice in California divorce law, and can provide you with the experienced representation you need during the divorce proceedings. To schedule a consultation with Mr. Young, please fill out a free case evaluation or simply contact the office by calling (866) 902-5290.

Continue reading "Different Types of Alimony" »

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January 26, 2010
  Brad Pitt and Angelina Jolie Rumored to Be Separating
Posted By Law Office of Michael R. Young

There have been several reports that movie-star couple Brad Pitt and Angelina Jolie are separating. Although the couple is not legally married, it is rumored the pair has already signed the paperwork for a $366 million dollar split.

Since the couple never married, their assets are not subject to property division laws.  However, several reports have stated that Jolie and Pit have agreed to split their fortune evenly, which includes millions of dollars and homes in France, New Orleans, and California.

The couple also plans to share custody of their six children: Maddox, 8, Pax 6, Zahara, 5, Shiloh, 3, and twins Knox and Vivienne, 17 months. Although Pitt will share joint custody with Jolie, the children will primarily reside with their mother.

Despite the split being reported by multiple news outlets, People.com and other celebrity sites are claiming that the rumors are not true. The article on People.com states that “everything is fine” between the two and that reports of a separation are “totally false.”

Separating From a Partner? Contact an Attorney for Help!

Because Jolie and Pitt never married, in a legal setting their relationship is likely to be considered a domestic partnership or common-law marriage. If you are involved in a domestic partnership or common law marriage and you and your partner wish to separate, it’s to your advantage to work with an experienced divorce attorney. Although you are not getting a divorce, you will still need to address such issues as property division, child custody, child support, and spousal support.  If you are looking for a divorce lawyer in Riverside or San Bernardino to help you with your separation, please contact the Law Office of Michael R. Young today by calling (866) 902-5290!

Continue reading "Brad Pitt and Angelina Jolie Rumored to Be Separating " »

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January 25, 2010
  Signs of Domestic Violence
Posted By Law Office of Michael R. Young

Domestic violence continues to haunt millions of people throughout the United States every day, and unfortunately it continues to go unreported.  Many victims of domestic violence never report the violence and abuse, usually because they are afraid of making the situation worse or because they believe the violence and abuse is going to stop. Sadly, the abuse doesn’t stop and the cycle of abuse continues to turn.  If you suspect someone you know is being abused, neglected or mistreated, there are signs you can look for that may indicate domestic violence.  These signs include:

  • Personality changes, such as depression, acting withdrawn, etc.
  • Low self-esteem
  • Self-blame, being overly apologetic
  • Absences from work or school
  • Injuries or bruises, especially black eyes, red or purple markings around the neck or arm, sprained wrists or ankles, broken ribs, etc.
  • Constant excuses for new injuries or bruises
  • Trying to hide or cover up injuries or bruises
  • Not having an opinion, being indecisive or passive, or not knowing how one feels
  • Lack of friends, or being isolated from friends, relatives, and coworkers

If you notice these signs in a friend or loved one, try asking if there is something wrong and if they want to talk about it. Often times, victims of domestic violence don’t talk about what’s going on at home because they are ashamed to bring it up or don’t know how to bring it up. By reaching out to them, you will let your friend or loved one know it’s okay to let the walls come down and get the help they need.  There is a chance your friend will not talk about what’s happening at home, and never will.  In these situations, there are still ways you can get your friend or loved one the help he or she needs. To learn more, contact the Law Office of Michael R. Young.  As an experienced Riverside domestic violence attorney, Mr. Young has helped many clients obtain protection and relief from violence and abuse, and would be happy to help you in any way he can.

Continue reading "Signs of Domestic Violence" »

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January 22, 2010
  Protecting Your Business in Case of Divorce
Posted By Law Office of Michael R. Young

Are you a business owner? If so, you have a lot more to lose during a divorce than just your marriage. 

According to a research study conducted by Massachusetts Mutual Life Insurance Company (MassMutual), 60 percent of business owners have no plans in place to “divorce proof” their companies.  If you own a business it is important to ensure your business and its assets are protected, especially if your business was established after you got married.  Marital property is considered community property in the state of California, which means that if your business was established during the course of your marriage, your spouse is entitled to half the business in a divorce. 

Needless to say, losing a business during a divorce has several repercussions.  For one, if a business is owned by both spouses, a divorce can “paralyze the business and create divided allegiances among employees and customers,” says Beth Wood, an assistant vice president of the Life Company Marketing division of MassMutual. Wood also says a divorce could jeopardize a couple’s wealth and retirement plans by forcing them to sell the business. Woods also adds that even if the spouses aren’t in business together, if the spouse that wasn’t involved in the business is suddenly awarded ownership in a divorce settlement it could totally rock the dynamics of the company, “throwing ownership and decision-making into doubt and distracting employees.”

Fortunately, there are several things a business owner can do to protect his/her business:

  • Create a post nuptial agreement
  • Create a prenuptial agreement
  • Create a will or trust
  • Create a buy-sell agreement

Contact an Experienced Divorce Lawyer

If you are interested in learning more about how you can protect your business, please do not hesitate to contact Riverside divorce attorney Michael R. Young. Mr. Young has handled countless divorce cases throughout his career, and can help you take the appropriate steps to ensure your business is protected.

To learn more or to schedule a consultation with Mr. Young, please contact the office today or click here to fill out a free case evaluation!

Continue reading "Protecting Your Business in Case of Divorce " »

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January 21, 2010
  What is a Cohabitation Agreement?
Posted By Law Office of Michael R. Young

When a couple is not married, a cohabitation agreement should be created. Simply put, a cohabitation agreement defines property rights and the roles and responsibilities of each party in a relationship.  There are several benefits of creating a cohabitation agreement, as this type of agreement can:

  • Designate what assets and property are considered separate property
  • Designate what assets and property are considered marital/community property
  • Define each person’s roles and responsibilities in regards to child custody and child support
  • Legally acknowledge that a cohabitation relationship exists
  • Define each person’s roles and responsibilities in the relationship

Who Should Get a Cohabitation Agreement?

Cohabitation agreements are ideal for people who live together and are in a committed relationship, but do not wish to get married or cannot get married.  This primarily applies to gay and lesbian couples (as California does not recognize gay marriage), but it also applies to heterosexual couples who simply do not want to get married.

If you are involved in one of these types of relationships, it is in your best interest to create a cohabitation agreement.  The state only awards rights and benefits to married couples, which means if something were to happen to your partner or if you and your partner were to break up, you would not have the same rights and protections that married couples have in the wake of a divorce.  The only way you can protect yourself is by creating a cohabitation agreement.

Riverside marital agreement attorney Michael R. Young has a great deal of experience and an in-depth knowledge of California marital law, and can help you and your partner draft a cohabitation agreement that is customized to the needs of your relationship.  Mr. Young understands the importance of having such an agreement, and can ensure your needs, wishes, and concerns are included.

To learn more, please do not hesitate to contact the Law Office of Michael R. Young today at (866) 902-5290!

Continue reading "What is a Cohabitation Agreement?" »

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January 20, 2010
  Types of Adoption
Posted By Law Office of Michael R. Young

Adoption is a truly rewarding experience for individuals and couples who wish to expand their family.  If you are interested in learning more about adoption, you should consider speaking with an experienced adoption lawyer sooner rather than later.  Although adoption is a joyful experience, the adoption process can easily become complicated and complex, as there are many laws involved and a lot of red tape to work through.  In addition, when people apply to adopt a child they must go through several investigations, interviews, and legal proceedings. Having a skilled Riverside adoption lawyer on your side throughout this process will ensure your rights and best interests are protected, and that your case remains on track.

Types of Adoption

Once you have made the decision to adopt a child you must determine what type of adoption you are interested in.  There are several different types of adoption, including:

  • Closed Adoption:  You will not meet the child’s birth parents.
  • Open Adoption: You will meet, get to know, and work with the child’s birth parents throughout the adoption process.
  • International Adoption:  Refers to adopting a child from outside the U.S.
  • Domestic Adoption:  Refers to adopting a child from within the U.S
  • Foster Care Adoption:   Refers to adopting a child that was placed in your foster care.  This type of adoption is a little more complicated, as the child’s biological parents must consent to the adoption or terminate their parental rights.
  • Step-Parent Adoption:  Refers to when a child’s step-parent formally adopts the child.  In doing so, the step-parent now has both legal and parental rights.
  • Inter-Family Adoption:   Refers to adopting a niece, cousin, grandchild, etc.  Like foster care adoption, the biological parents (unless deceased) must sign their consent or terminate their parental rights.
  • Special-Needs Adoption:  Refers to adopting a child with a disability.

Contact a Riverside Adoption Attorney Today

If you are interested in learning more about adoption, please do not hesitate to contact the Law Office of Michael R. Young.  As an experienced adoption attorney, Mr. Young has helped many individuals and families throughout Riverside, Temecula, and San Bernardino realize their dreams of expanding their family, and would be happy to provide the same service to you.

To schedule a free consultation to discuss adoption, please contact Riverside adoption attorney Michael R. Young today or click here to fill out a free case evaluation.

Continue reading "Types of Adoption" »

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January 19, 2010
  U.S. Divorce Rates Declining, One Article Says
Posted By Law Office of Michael R. Young

It seems as if every day there is some news story, study, or statistic claiming the divorce rate in the United States is on the rise.  In contrast to this trend, one news outlet is reporting that more and more marriages are making it past their 10th anniversary.

According to an article on TheSunNews.com, the divorce rate in the U.S. is declining. The article states that 65 percent of first marriages reach their 10th anniversary, a figure that has increased to 80 percent for recent marriages.  Furthermore, the number of children exposed to divorce is close to what it was during the 1950s, a time in American history many people tout as the era of golden family values.

Some experts say that divorce is at its lowest since 1970. Jay Livingston of Montclair State University says the divorce rate has been declining for the past 30 years. And Betsy Stevenson, an assistant professor of economics at the Wharton School at the University of Pennsylvania, says that 78 percent of couples who got married during the early 1990s are still married after 10 years, compared to 73 percent of couples who were married in the late 1970s. She believes that changes to the family structure during the 1970s, such as more women going into the workforce, could have contributed to the divorce spike in the ‘70s.

The article mentions several other reasons why the divorce rate might be declining, including:

  • More couples are waiting until they are a little older to get married.  People who get married in their teens and early 20s are more likely to get divorced.
  • More couples are participating in premarital counseling.  A study in the journal “Family Relations” found that couples who went through premarital counseling tend to communicate better, solve problems better, and reported having better relationships overall.

Although not mentioned in the article, there has been talk in the divorce community that couples sometimes hold off on getting a divorce because they cannot afford it. When people cannot afford to hire an attorney or live on just one income, they are forced to work through their problems to try and fix their marriage.

If you are interested in speaking with an experienced Riverside divorce attorney, please feel free to contact the Law Office of Michael R. Young today at (866) 902-5290!

Continue reading "U.S. Divorce Rates Declining, One Article Says " »

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January 18, 2010
  Interesting Child Custody Case out of Santa Cruz
Posted By Law Office of Michael R. Young

A child custody case out of Santa Cruz, California is shedding light on what could be a major issue for gay and lesbian couples who have children together.

Kim T. Smith is suing her former partner, Maggie Quale, for joint custody of their twin boys. 

When Smith and Quale decided they wanted to raise children together, Quale was artificially inseminated with sperm provided by a sperm donor. But after Smith and Quale ended their relationship, Quale began dating Shawn Wallace, the sperm donor and biological father of Quale and Smith’s sons.

Quale is arguing that she and Wallace should be able to fully parent the children together.

Although Quale and Smith never registered as domestic partners, both of their names are listed as the parents on the boys’ birth certificates.

Smith’s attorney, Deborah Wald, says this case is one of the first of its kind, stating that she has never heard of a case in which the biological mother tried to sub in the biological father after a breakup from a lesbian partner. Wald also believes that if Smith loses her custody rights, the case could set a dangerous precedent for other lesbian couples who have used a sperm donor to have children.

However, Quale’s attorney, Darlene Kemp, maintains that this case has nothing to do with gay or lesbian rights, but rather that her client doesn’t think Smith “meets the criteria of a presumed parent.”

A hearing is scheduled for Jan. 29.

Contact an Experienced Child Custody Attorney

Riverside child custody lawyer Michael R. Young has extensive experience in California child and family law, and has represented many clients throughout Riverside, San Bernardino, and the Inland Empire involved in custody-related disputes. Whether you are going through a custody battle, or you are simply interested in learning more about your custody rights, please do not hesitate to contact the Law Office of Michael R. Young today to schedule a consultation!

Continue reading "Interesting Child Custody Case out of Santa Cruz" »

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January 15, 2010
  Can I Change a Prenuptial Agreement?
Posted By Law Office of Michael R. Young

Life happens, things change, and what you considered important at the time your prenuptial agreement was created may no longer be relevant.  Other times there are new circumstances that need to be accounted for in the prenuptial agreement.  Perhaps there has been a significant change in income, or maybe one or both spouses have acquired new assets they wish to protect.

Fortunately, prenuptial agreements are not permanent.  This means you can change and amend your prenuptial agreement, as long as your spouse agrees to the changes.  If you are interested in changing or modifying a prenuptial agreement, it is best to consult an experienced family law attorney for help.  

The Law Office of Michael R. Young has a great deal of experience helping clients create customized prenuptial agreements, and would be happy to help you make any changes you would like.  Not only does the firm represent clients wishing to change their prenuptial agreement, but the firm also represents clients whose spouse wants to change the prenuptial agreement against their wishes.

If you are interested in scheduling a consultation with an experienced Riverside prenuptial agreement attorney, you can start by filling out a free case evaluation, or you can simply contact the Law Office of Michael R. Young directly by calling (866) 902-5290.

Continue reading "Can I Change a Prenuptial Agreement?" »

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January 14, 2010
  Why Hire a Child Law Attorney?
Posted By Law Office of Michael R. Young

Any time children are involved in a divorce or separation it is best to consult an attorney who has experience in child law. 

The Law Office of Michael R. Young has experience in multiple areas of child law, including:

Any legal issue involving children can quickly become contested, and naturally so.  Emotions are running high, both parties may be tired or stressed out, and any arguing or fighting will only enhance an already difficult transition. While it’s not uncommon for parents to argue or disagree over child custody, visitation, and/or child support, there are ways in which an experienced Riverside child law attorney, like myself, can help you resolve these issues with minimal conflict.  Studies have shown that no-conflict or low-conflict divorces are much better for the child’s well-being.  In fact, some studies have suggested that there is no reason why a child cannot successfully adapt to having divorced parents.  Children tend to experience emotional or behavioral problems when they are exposed to fighting, arguing, and/or name calling.

Contact a Riverside Child Custody & Support Lawyer

As an experienced Riverside child law attorney, I can help you work towards a resolution to your child custody, visitation, and child support case with as little conflict as possible, while at the same time ensuring your rights are advocated and your best interests are protected.  Even if you think you and your spouse will never agree on anything, there are ways I can help you work through your differences until your case is settled.

To learn more about the child law services offered at my firm, please contact the Law Office of Michael R. Young today by calling (866) 902-5290 or by filing out a free case evaluation!

Continue reading "Why Hire a Child Law Attorney?" »

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January 13, 2010
  What is Divorce Mediation?
Posted By Law Office of Michael R. Young

Have you and your spouse decided to file for divorce? If so you, you may want to consider mediation as an alternative to divorce.

During mediation, the parties in a divorce meet with a mediator whose job it is to assist them in reaching decisions regarding child custody, visitation, child support, spousal support, property division, etc.  However, instead of telling the parties how they should settle their divorce, the mediator helps the parties work together to reach mutual decisions, so ultimately the control is still left in the hands of you and your spouse.

Benefits of Mediation

There are several benefits of resolving a divorce through mediation as opposed to litigation, such as:

  • Mediation gives you and your spouse the control and power to define the terms of your divorce, rather than the court
  • Mediation tends to produce less conflict.  When both parties are willing to work together to resolve their divorce amicably, there is less chance that fighting or arguing will occur
  • Mediation tends to be less emotionally taxing than litigation
  • Mediation helps foster positive communication  and makes it easier for you and your spouse to reach decisions you both are satisfied with
  • Mediation is less expensive than litigation
  • It usually takes less time to resolve a divorce through mediation than through litigation.

Filing for Divorce in Riverside or San Bernardino?

If you have decided to file for divorce, it’s in your best interest to try to resolve your divorce through mediation.  If mediation proves to be ineffective, I can help you bring your case to trial.  As an experienced Riverside divorce attorney, I have handled countless divorce cases, and can provide you with any advice, guidance, or resources you may need during the mediation or litigation process.  My number one priority is helping my clients resolve their divorces in way that meets their satisfactions and protects their best interests.

To learn more about the divorce services offered at my firm, please contact the Law Office of Michael R. Young today!

Continue reading "What is Divorce Mediation?" »

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January 12, 2010
  Different Types of Custody Arrangements
Posted By Law Office of Michael R. Young

When children are involved, one of the most important issues to resolve during a divorce is child custody and visitation.  Below are some brief descriptions detailing the different types of custody arrangements that can be applied:

Physical Custody
:  Physical custody refers to which parent the child lives with.  Physical custody can be shared, which means the child spends time living with both parents, or physical custody can be granted to only one parent, referred to as sole custody.

Legal Custody
:  Legal custody refers to the right to make legal decisions on behalf of the child. The parent with legal custody has the right to make decisions in regards to the child’s education, healthcare, religion, etc.  Like physical custody, legal custody can be awarded to both parents (shared custody) or to just one parent (sole custody).

Visitation Rights
:  When one parent is awarded sole physical custody, the other spouse is often awarded visitation rights.  A visitation schedule will be created that details what days the non-custodial parent will visit the children, as well as for how long the visits are set to last.  Parents can change a visitation schedule without notifying the court as long as both parents are happy with any new arrangement that is made.

Experienced Riverside Child Custody Attorney

When determining a child custody arrangement, the judge will act in the best interest of the child.  It is important during a divorce or separation to have an experienced child custody attorney working on your behalf who can protect your rights and help explain to the judge why you deserve to be awarded custody and/or visitation rights.  In most cases, the judge will split custody evenly, as that is usually what serves the child’s interest best.  However, there are situations in which the judge may find it necessary to award custody to just one parent.

To speak with an experienced Riverside child custody lawyer who can competently represent you throughout the divorce process, please do not hesitate to contact the Law Office of Michael R. Young today!

Continue reading "Different Types of Custody Arrangements" »

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January 11, 2010
  Public Marriage License v. Confidential Marriage License
Posted By Law Office of Michael R. Young

If you are planning to get married, you will need to decide whether you’d like to apply for a public marriage license or a confidential marriage license. 

Public Marriage Licenses

Benefits of a public marriage license include:

  • It is easy to access your marriage certificate from the county once you’ve been married
  • The license can be issued in any California county, not just the county in which the marriage ceremony takes place
  • You and your spouse do not need to share a residence before the wedding ceremony

 Disadvantages of a public marriage license include:

  • Anyone can gain access to your marriage license (which contains personal information) such as identity thieves, junk mail companies, telemarketers, etc.
  • Both you and your spouse must appear together at the county clerk’s office to obtain your marriage license.  This type of marriage license cannot be delivered.

 Confidential Marriage Licenses

Benefits of a confidential marriage license include:

  • Confidential marriage licenses are kept private and are only made available to you and your spouse
  • You do not have to go to the county clerk’s office to obtain your license, instead a notary can file for the license on your behalf any time of the week.

 Disadvantages of a confidential marriage license:

  • You and your spouse must live together as a married couple in order to qualify for a confidential marriage license
  • The marriage ceremony must take place in the county in which you apply for the license. 

Contact the Riverside Family Law Firm today!

If you need help filing for a marriage license in Riverside County, San Bernardino County, or anywhere else in the Inland Empire, you should consider contacting the Law Office of Michael R. Young for help.  As an experienced Riverside family law attorney, I have extensive experience in California marital contract law, and would be more than happy to assist you in any way I can. To schedule an appointment, please fill out a free case evaluation or click here to contact the office today!

Continue reading "Public Marriage License v. Confidential Marriage License" »

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January 07, 2010
  Marriage Recognition and Family Protection Act
Posted By Law Office of Michael R. Young

The Marriage Recognition and Family Protection Act, a law signed by Governor Schwarzenegger in October, went into effect last week.  Under the act, California will now fully recognize same-sex marriages performed in other states prior to November 5, 2008, and their union will be recognized as a “marriage”.  The act also ensures that same-sex couples who get married outside of California on or after November 5, 2008 will receive all the same rights, benefits, and responsibilities that married couples receive, expect their union will not be named a “marriage.”

What does this mean?

It essentially means that if a same-sex couple gets married in a state that recognizes gay marriage, and then moves to California, the state of California will recognize the marriage as valid, granting the same rights, benefits, and responsibilities that married couples receive.  However, even though California will recognize these marriages, they will not designate them as a marriage, unless the marriage took place prior to November 5, 2008.  Essentially, this act provides equal treatment for same-sex couples, regardless of where they were married or will be married in the future.

Are Same-Sex Marriages Legal in California?

At this time, California does grant marriage licenses to same-sex couples.  However, same-sex couples can apply for domestic partnership, which provides many of the same rights, benefits, and responsibilities that heterosexual couples receive when they get married.

If you are interested in learning more about the same-sex marriage or domestic partnership laws in California, please do not hesitate to contact my office today.  As an experienced Riverside family law attorney, I have extensive knowledge and a thorough understanding of the marriage laws in California, and would be more than happy to explain your rights and options under these laws to you.

Continue reading "Marriage Recognition and Family Protection Act" »

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January 06, 2010
  Tips for Avoiding Conflict During Divorce
Posted By Law Office of Michael R. Young

If you and your spouse have decided to file for divorce, you should do your best to minimize conflict during the divorce process, especially if children are involved.  Countless studies have shown that when parents fight and argue during a divorce, it often has a negative effect on the children, ultimately affecting their general well-being.  While it may be difficult to put aside any negative feelings you hold toward your spouse, there are several things you can do to minimize conflict.  Below is a list of helpful tips on how to prevent and deal with conflict during a divorce:

  • It takes two people to argue.  If you find your spouse trying to pick a fight with you, resist the urge to get involved.
  • Going through a divorce is difficult, and tension will rise throughout the divorce process.  You and your spouse will have to have difficult discussions, but do so away from your children where they cannot hear you or see that you’re upset.
  • Determine what goals you wish to achieve during the divorce and stick to them.  When you know what you wish to achieve, you may be more open to hearing other solutions or options for achieving those goals than what you initially had in mind.
  • Write down a list of things you want to discuss. Make sure you stick to that list and make your sure your wants, needs, and concerns known and heard.
  • Try to keep an open mind to your spouse’s point of view. Even if you may not agree with it, showing that you are listening to what he or she has to say can minimize conflict and reduce your chances of a fight.
  • Don’t be too accusatory. Saying “you did this” and “you did that” is not productive. Instead, use “I” phrases.  For example, instead of saying, “You were never home and you never helped me with the children,” you could say, “I know you care about the children and have been working hard to provide for the family, but it was difficult for me to be alone all the time.” When people feel they are being blamed or attacked, they are more likely to fire back and get argumentative.
  • If you have concerns about an issue, wait to discuss it at a time when neither of you are tired, angry, or when the children are around.
  • Be open to saying “I’m sorry,” “I was wrong,” “I understand what you’re saying.”  Even if you are angry or upset, these kinds of statements can really go a long way.
  • Pick your battles and don’t make petty jabs.  The more often you take the high road, the less conflict you’ll ultimately experience. And you’ll be a better person for it.  Plus, it is better to save your energy for the issues that really matter to you.
  • Stay focused on your children and remember to remind yourself what is best for them.  Often times, couples get so wrapped up in the divorce and the fighting and the arguing that they forget there are children involved. You need to think about and fight for what is best for your children.

If you are considering filing for divorce, please do not hesitate to fill out a free case evaluation or contact the law office of Riverside divorce lawyer Michael R. Young today for experienced guidance and dedicated legal counsel!

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January 05, 2010
  Child Support & The Passport Denial Program
Posted By Law Office of Michael R. Young

The Passport Denial Program is a federal program designed to enforce delinquent child support payments. When a person is ordered by the court to pay child support, and he or she fails to comply the court order, he or she may be denied a passport.  Under the program, the names of any parent who owes more than $2,500 in child support will have his or her name submitted to Department of State.  If the parent tries to renew their passport or apply for a new passport, their application will be denied until they have paid back the past-due child support.

Obtaining Your Passport Again

The Passport Agency will hold your passport for 90 days.  If you pay back your child support debt and your case is released by the Federal Office of Child Support Enforcement within those 90 days, the Passport Agency will mail your passport back to you.  If your case takes longer than 90 days, you must submit a new passport application. That being said, there are still options available to those who need their passport before the end of the 90-day period.  

Contact an Attorney for Help

If you need to obtain a passport, but you have been denied due to arrears in child support, you can contact my office for help.  As an experienced Riverside child support attorney, I have vast experience dealing with all types of issues regarding child support, and can help you take advantage of the options available to you to increase your chances of obtaining a passport.  

To learn more about my services, please contact the Law Office of Michael R. Young today!

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January 04, 2010
  Enforcing a Court Order
Posted By Law Office of Michael R. Young

 If you are divorced or legally separated, the judge will have issued a variety of court orders before your divorce or separation was finalized.  This might include a child support order, a child custody order, a visitation order, a spousal support order, etc.  These orders detail each party’s responsibilities under the order.  For example, a child support order will detail which parent is responsible for paying support to the other parent and how much the payments will be.  A child custody order will detail the physical and legal custody arrangement between the parents, as well as the visitation schedule if one parent is awarded sole physical custody.

When one of the parties fails to abide by his or her responsibilities listed in the court order, the other party can seek an enforcement of the order from the court.  If you need help seeking an enforcement of a court order, please do not hesitate to contact the Law Office Michael R. Young at your earliest convenience.  As an experienced Riverside family law attorney, I have helped countless clients throughout Riverside, San Bernardino, and the Inland Empire seek an enforcement, and can provide you with the guidance and legal representation you need to increase your chances of success. Many of my clients have found enforcements to be an invaluable tool. As you can imagine, when one party fails to pay child support or spousal support, or fails to follow the terms of the child custody arrangement, it can be very frustrating.  Many of my clients tell me they feel they stuck, like they have no options and there is nothing they can do to get the other party to comply with the order.  By requesting an enforcement, you can get the court involved to ensure the other party complies with their responsibilities listed in the order.

If you are interested in learning more about enforcements, please do not hesitate to contact the Law Office of Michael R. Young today!

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January 01, 2010
  Case Sheds Light on Major Paternity Issue
Posted By Katie Neimand

A case out of Pennsylvania is shedding light on a major issue involving paternity and a man’s responsibility to pay child support.

The case centers around Mike.  When Mike’s daughter was 2-years-old he found out his wife was having an affair with another man.  Mike’s wife promised to end the affair, but two years later, Mike learned his wife was still involved in the affair.  He then demanded a paternity test.

The paternity test concluded that there was a zero percent chance Mike was the biological father.  Mike later filed for divorce and his now ex-wife remarried.  She then sued Mike for child support, even though a DNA test proved he was not the father.

Although this may seem a like an open-and-shut case—Mike  is not the father and therefore should not be required to pay child support for a child that isn’t his—the court ruled that under state law Mike is the father of the child and that he is responsible for paying support.

The law states that when a child is born into an intact marriage, the husband in the marriage is presumed to be the father.  So even though the man Mike’s wife remarried is the biological father of the child, the law considers Mike the child’s father.

This law was obviously established before DNA testing, and the judge maintained that he could not take the DNA test results into consideration as evidence.

In fact, according to an article on www.kdka.com, the judge said, “All may know the truth that the science says, but the courts are required to blind themselves to the truth.”

Although Mike is not the biological child of the father, the attorney for Mike’s ex-wife claims Mike is the child’s father in every sense of the world.  He has a room set up for his daughter in his house, has regular visitation, and other parental rights, such as a voice in her health care, education, and religion. For those reasons, the attorney for the ex-wife argued that Mike is the father and should be held responsible for paying child support.

Mike says he doesn’t mind paying child support, and that he wants to maintain a relationship with his daughter, however, he doesn’t think the state should force him to pay child support. 

While Mike may not mind supporting his daughter financially, there are countless other men throughout the country in similar situations who don’t share the same sentiment.  What about those men who aren’t as actively involved in the child’s life? Should they have to pay child support?

Involved in a Paternity Dispute? Contact an Attorney!

If you have found yourself in a similar situation, it is best to contact an attorney who can protect your rights and represent you during your paternity case.  As an experienced Riverside family law attorney, I have handled many paternity cases throughout my career, and would be glad to help you in any way I can.

To schedule a consultation to discuss your case, click here to contact the office today or to fill out a free case evaluation form.

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