Recent Blog Posts in March 2010

While it seems as if every other week another Hollywood couple files for divorce, most of those couples head straight to divorce court. But one former hit TV star has chosen to settle his divorce through mediation, a form of alternative dispute resolution.

"Dawson's Creek" star James Van Der Beek has almost reached a divorce settlement with soon-to-be ex-wife Heather McComb. In the settlement agreement, Van Der Beek, who brings home about $35,000 a month, agreed to pay McComb $7,750 a month in spousal support. Van Der Beek will also retain possession of the home he and McComb share in Hollywood, as well as the residuals he makes from his acting career and various other projects.

The couple cited irreconcilable differences as the cause of their divorce. They have no children, so child support and child custody are not issues that need to be addressed.

Planning to File for Divorce? Consider Mediation

If you and your spouse have decided to file for divorce, there are several benefits to settling your divorce through mediation as opposed to litigation. Through mediation, the parties are able to settle their divorce without the fighting and bickering associated with litigation. Furthermore, it usually takes much longer to resolve a divorce through litigation than it does to resolve a divorce through mediation. And the longer it takes to settle a divorce, the more expensive it will ultimately be.

Contact the Law Offices of Michael R. Young today if you're interested in speaking with a Riverside divorce attorney about divorce mediation.

A court date has been set in the ongoing divorce battle between Los Angeles Dodgers owners Frank and Jamie McCourt. This hearing will address whether the Major League Baseball team will remain in the sole possession of Frank, or if he and soon-to-be ex-wife Jamie will share possession.

At the center of the case is a martial agreement from 2004 that Frank says grants him sole ownership of the team, Dodger Stadium, and the surrounding land, while Jamie is entitled to their seven residences, which includes one condo and six homes. Jamie, however, insists that she is a rightful co-owner of the team.

It's situations like this that make it so important for anyone with high net worth assets, or any assets they wish to protect, to speak with a knowledgeable family law attorney about drafting an agreement that clearly defines how property should be divided in the event of a divorce. With such an agreement in place, you can ensure your property rights will be protected should your marriage end in divorce or separation. If you are interested in speaking with a Riverside family law attorney about creating a prenuptial agreement, postnuptial agreement, or some other type of marital agreement to ensure your assets are protected, please do not hesitate to contact the Law Office of Michael R. Young today at (866) 902-5290!

Figures calculated by the National Marriage Project show a slight decline in the number of divorce filings between 2007 and 2008. But should the decrease in filings be attributed to more happily married couples? Or would attributing it the recession be more accurate? Some argue that these tough economic times are forcing many unhappily married couples to stay together, even though their marriage is very much over.

The economy has impacted the divorce rate in several ways. First and foremost, the downturn in the housing market has arguably taken the biggest toll on couples wishing to divorce. Many divorcing couples depend on the money they anticipate to receive from selling their home to start their own separate lives. But with the value of homes dropping and couples owing more on their homes than what the home is actually worth, filing for divorce and splitting the money to start a new life just isn’t plausible for some people.

The recession has also led to more job layoffs. With the unemployment rate at a high, many people cannot afford to keep up with their monthly expenses, let alone hire a divorce attorney or pay for the legal fees involved in a divorce. Even those people who can afford to hire an attorney may not be able to afford life after the divorce. Child support and alimony are both paid regularly and on a long-term basis. Some people simply do not have the income to provide for themselves and for their child and ex-wife or husband.

If you would like to file for divorce but are concerned about the financial repercussions, we advise you to contact our office for help. At the Law Office of Michael R. Young, we understand that many people are struggling just to get by, but we don’t think it’s fair or right for people to feel trapped in an unhappy marriage just because money is tight. An experienced Riverside divorce lawyer from our firm is available to meet with you to discuss your situation and go over some possible options and alternatives you may be able to take advantage of, such as legal separation.

Here’s an interesting story out of North Carolina:

When Cynthia Shackelford found out her husband had cheated on her, she sued the “other woman” for breaking up her marriage—and won!

Shackelford claims Anne Lundquist is responsible for breaking up her marriage, so she took her to court and sued her under a law called “alienation of affection.”

When asked why she sued the other woman instead of addressing the issue with her husband, Shackelford claims that Lundquist purposely tried to break up the marriage.

“She's the one that came in between us as far as her luring ways, and which I had plenty of proof from e-mails, phone records, spending, that she alienated him from me. She used work and other ways to get in and get friendly with him,” said Shackelford.

But Shackelford’s husband Allen says Lundquist is not to blame for the divorce. He said his wife had been talking about filing for divorce two years before he even begun his affair with Lundquist. Shackelford maintains she never intended to divorce her husband, and was shocked when she found out he was having an affair and wanted a divorce. 

Nevertheless, the court sided in Shackelford’s favor, awarding her $4 million in punitive damages and $5 million in compensatory damages.

If you need help with a divorce or family law matter, contact the Law Office of Michael R. Young today at (866) 902-5290. With a thorough understanding of California family law and years of experience under his belt, Riverside divorce attorney Michael R. Young has the knowledge, resources, and legal savvy to competently address or handle your case.

Jesse James’ alleged infidelities may cost him more than just his wife, Actress Sandra Bullock.

It’s speculated that James’ former partner, porn star Janine Lindemulder, is planning to sue James to try and regain custody of their daughter Sunny.

Last year a court ruling granted full custody rights to James. Lindemulder, who served six months in prison for a tax evasion conviction, believes the judge awarded custody to James because he felt James could provide a more stable environment for Sunny. Bullock and James had been raising Sunny together, but now that Bullock has reportedly left the family home following allegations that James cheated on her with tattoo model Michelle McGee, the stability of James’ home is in question.

Oscar-winning actress Kate Winslet and her husband of 7 years, Oscar-winning director Sam Mendes, have filed for divorce.

The split comes two years after Mendes and Winslet worked together on the acclaimed movie Revolutionary Road, which Winslet received a Golden Globe award for and an Academy Award nomination. Some are calling the split ironic considering the movie was about a 1950s suburban couple who appeared to have a perfect marriage, but were actually miserable behind closed doors.

The London-based law firm handling the divorce said the decision to end the marriage was “entirely amicable and is by mutual agreement.” The firm also said Winslet and Mendes are “fully committed to the future joint parenting of their children."

Winselt and Mendes were married in 2003 and have six-year-old son together named Joe. The couple also raised Kate’s nine-year-old daughter Mia from her previous marriage to assistant director Jim Threapolton.

Deciding to divorce is rarely easy. If divorce is something you are considering, we urge you to contact an attorney at our office today. At the Law Office of Michael R. Young, a large portion of our practice is devoted exclusively to helping people in the San Bernardino area file for divorce. If you are still deciding whether or not divorce is the best option for you, we will do our best to provide you with the information and resources you need to make the right decision for you and your family. In the event that you have already decided to file for divorce, we can prepare the necessary paperwork and ensure your rights and best interests are protected throughout the divorce process.

To discuss your case with a San Bernardino divorce lawyer at our office, please call (866) 902-5290 today!

If you are planning to file for divorce, it’s best to spend some time figuring out what you wish to achieve in your divorce settlement before heading to court, mediation, or arbitration. Take a moment to browse over the following checklist to ensure you are properly prepared for the weeks and months that lie ahead. The following is a list of things you will need to consider:

• Child custody and visitation arrangements
• Child support, including medical, dental, and other benefits for your children
• Expenses stemming from children’s extracurricular activities
• Spousal support
• Reimbursement for education or tuition expenses
• Property division 
• Dividing investments, savings accounts, 401ks, IRAs, life insurance policies, etc.
• Tax issues
• Bankruptcy issues (if applicable)
• Insurance issues
• Real estate issues
• Changing bank accounts and credit cards
• Name changes
• Changes to wills and trusts
• Attorney fees, mediator fees, arbitrator fees, etc.

These are just some of the things you need to be prepared to discuss when filing for divorce. Although the divorce process may seem overwhelming, you can trust a Riverside divorce attorney at the Law Office of Michael R. Young to help you get through it. At your initial consultation, we will go over all the things you’ll need to address and then help you prepare for your divorce so nothing is left unaddressed or ignored. Once you have filed the divorce paperwork, you can trust us to remain by your side, helping you each step of the way until your divorce is finally settled in a way that meets your needs and satisfaction.

If you are looking for an experienced divorce lawyer in Riverside to represent your case, please contact the Law Office of Michael R. Young today at (866) 902-5290!

Here’s an interesting paternity case of out Illinois:

An alleged gang member wants to take a paternity test to determine if he is the father of the child of a woman who is currently in prison on cocaine related charges. He is now asking the La Salle County Court to order the test.

The Illinois Department of Healthcare and Family Services filed court papers on behalf of Timothy M. Schmitt, a known member of the Almighty Latin Kings Nation street gang.  Schmitt is trying to determine whether the child born to Ashley C. Arwood is his child.  

Both Schmitt and Arwood have been in jail for selling and dealing cocaine. Arwood was actually released from prison in 2009, but prosecutors are trying to put her back behind bars after she was caught dealing cocaine again, which is a not only a crime in and of itself but also a violation of her probation.

If the paternity test proves Schmitt is the father, he will be responsible for paying child support.

Like the Illinois Department of Healthcare and Family Services, the child support agencies in California take child support enforcement very seriously. If you being asked to support a child you do not believe is yours, a Riverside family law attorney at the Law Office of Michael R. young can help you request a DNA test. Similarly, if you are a woman and you think a certain man is the father of you child, we can assist you in asking to the court to order that man to take a DNA test. DNA testing is the most accurate way of determining paternity, and is often the only way to get a judge to force someone to pay child support.

To learn more about how we can help, please contact the Law Office of Michael R. Young today at (866) 902-5290!

A well-known TV personality is involved in a legal dispute…with his own children!

Montel Williams, best known for his daytime talk show “The Montel Williams Show”, is being asked to step up to the plate by his own children. Although Williams is current on his $18,700-a-month child support payments, his two kids say they want their dad to start taking a more active role in their lives or step out of the way. They said if Williams isn’t interested in taking a more active involvement in their lives then he should step aside and let their mother make all of their legal decisions.

That is not their only request. The kids, ages 16 and 15, want Williams to pay for an attorney to argue their case. But according Williams’ own attorney, he is currently in an “extremely perilous” financial situation.

Despite his recent successes, which includes hosting radio show, writing a best-selling memoir, and staring as an infomercial pitchman, Williams claims he cannot afford to pay the $7,500 in legal fees his kids are asking for their lawyer.

Meanwhile, Williams’ custody fight with his ex-wife, Grace Morley, rages on. Although Williams and Morley currently have joint custody, his children say they rarely see their father. His daughter, Wintergrace, says she has only seen her father four times in the last five years. Morley is now trying to gain sole physical and legal custody of the children, but Williams is fighting to hold on to his legal custody rights so he can continue making legal decisions.

If you are in need of experienced representation for some type of child support or child custody dispute, you can turn to a knowledgeable Riverside divorce attorney at the Law Office of Michael R. Young for help. To learn more about the services offered at the firm, please call (866) 902-5290 today!

U.S. Rep. Mike Turner wants to protect military men and women who are asked to put their lives on hold to fight for this county. His new bill, HR 4469, offers protection to deployed military members in regards to child custody.

As the Servicemembers Civil Relief Act stands now, it does little to protect deployed service members in child custody cases once they return home. Too often single parents in the military scheduled to deploy are asked to drop everything and quickly get their personal effects in order. When children are involved, temporary custody arrangements are made with the other parent while the service member is deployed overseas. The problem occurs when the military parent returns home from deployment, only to find their ex wont relinquish custody of the children.

Turner believes it’s unfair for one branch of the government to ask these parents to risk their lives and fight for their country, while at the same time another branch of the government punishes them for their service. It’s this injustice that prompted Turner to draft the legislation. Under the terms of his bill, the courts would be prohibited from using a deployment or the possibility of deployment against a military parent when determining the child’s best interest in a custody case. The bill also states that any temporary custody arrangements made while the military member is overseas are to be reversed once the parent returns home from deployment.

Turner’s message is clear: military parents should not lose custody of their children because of their service to their country. If you have found yourself fighting for custody of your children after a military deployment, please take a moment to contact a Riverside child custody lawyer at the Law Office of Michael R. Young. We can represent you during your custody hearings and aggressively fight to have your custody rights restored. Call (866) 902-5290 to schedule an appointment today!

At the Law Office of Michael R. Young we have experience drafting a variety of different martial contracts. If you are interested in drafting a marital contract or agreement in an effort to protect your rights, please feel free to contact the office to schedule an appointment. We can discuss what you wish to include in the contract, as well as what type of contract would best serve your needs. Some of the types of contracts and agreements with can help you with include:

• Prenuptial Agreements
• Post Nuptial Agreements
• Cohabitation Agreements
• Martial Settlement Agreements
• Wills & Trusts
• Qualified Terminable Interest Property Trust (QTIP) 
• Domestic Partnership Agreements

Each of these agreements has their unique advantages, and it’s important to fully understand the terms and protections each of these agreements offer before you take any sort of action. The type of agreement you should file will depend largely on the type of relationship you share with your partner, whether you are married, living together, or are in a domestic partnership.

When preparing a martial contract, it’s important to work with an attorney who can offer you more than simply assistance filling out the necessary paperwork. A Riverside family law attorney at the Law Office of Michael R. Young can discuss the pros of each of these agreements, as well as how they will affect your legal rights in regards to property division, child support, alimony, child custody, and other  rights and benefits.

If you’re interested in learning more, please contact the office today at (866) 902-5290 to set up a consultation with an attorney at the firm!

Divorce is an extremely difficult experience for many people. It is believed that only the death of a spouse is more emotionally stressful than divorce. Feelings of stress, anxiety, and depression are commonly associated with divorce, and a study in the Journal of Health and Social Behavior claims that divorced people are 20% more likely to suffer from chronic health problems, such as heart disease, diabetes, or cancer, than people in marriages or relationships.

That being said, although divorce is one of life’s most difficult experiences, there several ways you can work towards decreasing your chances of experiencing depression following a divorce. Here are some helpful tips to follow:

• Do something you love that distracts you from the sadness or anger you may be feeling. Lose yourself in a good book, knit a scarf, go on a run, do yoga, do anything that will get your mind off the divorce for a little while and allow you to focus your attention on something else.
• Change up your routine. If you were a stay-at-home mom, get a part-time job. If you have a job, volunteer your time at community organization. Start up a new exercise routine, pick up a new hobby, do anything that allows you to get out of your head for a while and put you in contact with fresh faces and new surroundings.
• Plan something: plan a party, plan a shopping trip, plan a lunch date with friends, plan a hair appointment, plan a day to learn a new hobby or craft, etc. Roberta Temes, a psychotherapist, says that planning is therapeutic following a divorce.
• Clean out your house and throw away anything that reminds you of your ex-spouse. Not only is this therapeutic, but it is also a great way to make space for the new things in your life.
• Preserve your energy. One author writes that the energy it takes to endure the withdrawal of a relationship is equal to working a full-time job. Make sure you get plenty of physical and mental rest on a regular basis.
• Take the high road and be the bigger person. Sure you may hate your ex but ask yourself whether it’s really worth it to seek revenge. Sometimes it’s best to take the high road and be cordial then indulging in revenge and then havimg to deal with a long, hard divorce battle.

If you have recently gone through a divorce, and are feeling a sad or depressed, do not feel ashamed or embarrassed. Divorce is a painful thing for many people, and everyone copes differently. Although we are not licensed therapists, we can help you find someone who can help you cope with your feelings and emotions so you can work through this difficult time and move forward with your life.

To speak with a Riverside divorce attorney, contact the Law Office of Michael R. Young today at (866) 902-5290.

Once you and your spouse have made the decision to file for divorce, you should take a moment to speak with an attorney at the Law Office of Michael R. Young about alternative dispute resolution (ADR). If you and your spouse are able to put aside your differences and harsh feelings, there are many benefits to resolving your divorce through ADR as opposed to litigation. These advantages include:

• ADR saves time.
• Because ADR saves time, it also saves money.
• ADR gives you and your spouse more control over how your divorce is resolved. In some forms of ADR, like mediation, the parties work together to reach settlements and arrangements, rather than having the courts decide for them.
• ADR fosters communication. In order for ADR to be successful it is often necessary for the parties to communicate their needs, wants, and concerns and openly discuss what they wish to achieve in order to resolve their divorce in a way that meets everyone’s satisfaction.
• Satisfaction is more likely with ADR than with litigation. When a case is litigated in court, there is usually a winner and a loser. The purpose of ADR is to reach a settlement that everyone is happy with and that suits everyone’s needs.
• ADR preserves relationships. During litigation, the parities are more likely to work against each other than work together. Making accusations, blaming one another for the dissolution of the marriage, name-calling, and saying hurtful things can all make litigation a stressful and emotionally-taxing experience. ADR fosters communication and promotes the parties working together in order to resolve their divorce.

If you are interested in learning more about the benefits of alternative dispute resolution, please don’t hesitate to contact our office today to speak with an experienced Riverside divorce lawyer about your options!

State child support agencies crack down hard on people who fall behind on their child support payments, and will not hesitate to take whatever measures are necessary to recover past-due support. Garnishing wages, revoking driving privileges, and withholding tax returns are just some of the steps being states are taking to collect the support that is legally owed, and California is no exception. But what happens when the state makes a mistake and comes after the wrong person? Who can you turn to for help? While you may think it’s as easy as calling up child support services, sometimes it takes a lot more time and effort before a mix-up can get resolved. A Florida man found himself in a similar situation, and had to basically jump through hoops before he could get his mix-up resolved.

National Guardsman Rusty Cole, 22, had his tax return withheld because the state of Florida said he failed to make child support payments for a child born in 1995. At 22 years old, Cole would only have been 7 at the time the child was born, and possibly 6 years old when the child was conceived. Cole made numerous attempts to resolve the issue, putting in phone calls to multiple agencies and appearing in person. It wasn’t until he wrote an e-mail to Governor Crist that he was able to get any kind of relief. Shortly after sending the e-mail, Cole received an apology from the department of revenue, and was told his tax return would be mailed to him shortly. Even after receiving this apology, Cole is adamant in making sure this mistake never happens again.