Common Questions About Divorce In Riverside County

1. What reasons do I need to file for a divorce?
2. After the petition for the Dissolution of Marriage is filed, how long does it take?
3. What Should I do to prepare for my divorce?
4. Do I need to have sole custody of my child in order to be granted child support?
5. What is Parental Alienation?
6. Am I entitled to alimony?
7. Is my spouse entitled to part of my pension in the divorce?
8. Are Prenuptial Agreements valid?
9. Can things be changed after the order for Dissolution of Marriage is granted?
10. What if domestic violence is a factor? 

1.  What reasons do I need to file for a divorce?
California was the first state to implement the “no-fault divorce” concept.  This basically means that you do not need any real reason to file for a divorce.  In California, you can simply state “irreconcilable differences” in order to file for a Dissolution of Marriage. 

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2.  After the petition for the Dissolution of Marriage is filed, how long does it take?
Once the Summons and Petition has been served on the respondent and so long as there are no contested matters, you could obtain an order dissolving the marriage in about six months.

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3.  What Should I do to prepare for my divorce?
First and foremost, you should be sure that you are fully aware of your finances and what assets you and your spouse have together.  Start a list of bank accounts, stocks, bonds, and other equitable interests.  Secondly, make a list of all of your monthly expenses, keep receipts and maintain a record of the money you spend.  Overall, the better educated you are about your assets and liabilities, the less likely that your spouse will be able to hide things from you.  Lastly, retain an experienced Riverside County divorce lawyer as soon as possible. 

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4.  Do I need to have sole custody of my child in order to be granted child support?
No.  In fact, typically, custody is granted jointly to both parties, with one parent being considered the primary custodial parent.  Depending upon the financial circumstances of both parties and the needs of the child, the court will determine who should receive child support and how much it should be. 

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5.  What is Parental Alienation?
Parental alienation restricts one parent’s visitation or custodial contact with the minor child(ren).  Oftentimes, parental alienation becomes a major issue in divorce cases.  Parental alienation begins when one parent badmouths the other constantly, making it difficult for the child(ren) to want to spend time with the other parent.  Naturally, this can cause great physiological damage to the minor child(ren).  If you feel that you are being alienated from your child(ren) because your spouse is badmouthing you, please contact the Riverside County Family Law Office of Michael R. Young today!

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6.  Am I entitled to alimony?
First off, either party may seek spousal support (alimony).  The court may initially grant spousal support on a temporary basis until the divorce is finalized or until the dependent spouse remarries or no longer requires it.

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7.  Is my spouse entitled to part of my pension in the divorce?
Possibly.  Sometimes the courts will consider pension a marital asset that each party is entitled to.  There are a number of factors that the court will consider when making such a determination, including how long the marriage lasted, whether or not the pension holder contributed to the pension and, if so, did he or she make contributions prior to the marriage?   Asset distribution can be complex, and it is always wise to consult with an experienced Riverside County Family Law attorney who can help protect your rights and interests. 

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8.  Are Prenuptial Agreements valid?
As long as a prenuptial agreement meets certain legal criteria, it is valid.

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9.  Can things be changed after the order for Dissolution of Marriage is granted?
Only under certain circumstances can provisions of the Dissolution of Marriage be changed.  For instance, if one party experiences a substantial change in income, he or she can petition the court for a modification pertaining to the child support.  To find out more about what can and cannot be modified, contact an experienced Riverside County Divorce lawyer.   

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10.  What if domestic violence is a factor? 
Domestic violence is a serious matter.  If you or one of your family members is subject to physical, sexual, or emotional abuse, you need help immediately.  As a skilled Riverside County Family Law attorney, Michael R. Young can help you get the protection you need. 

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Contact us about your legal matter today!