by Shawn Weber | Oct 29, 2010 | Children, custody, divorce, Holidays, parenting
By Shawn Weber, San Diego Family Law Attorney and Mediator Halloween visitation is often overlooked by California courts. It never seems to get the attention that Christmas, Fourth of July or even Labor Day receive. Because people don’t get time off for...
by Shawn Weber | Oct 20, 2010 | divorce, divorce humor, Marriage
By Shawn Weber, Attorney and Mediator Ok… so I have been writing all of these serious posts on my blog about important things like child support, custody, division of pensions, blah, blah, blah. . . . This post is an attempt at a little levity in what is otherwise a...
by Shawn Weber | Oct 18, 2010 | divorce, evidence, Marriage
Shawn Weber, Attorney and Mediator The short answer is “none” because California is a “no-fault” state. This means that evidence of adultery, as a general rule, is not permissible in court as it is not relevant. However, perhaps that answer is...
by Shawn Weber | Oct 1, 2010 | divorce, domestic violence, Marriage
Shawn Weber, Family Law Attorney and Mediator One colleague of mine made the apt observation that Family Law is the only area of law where 99.99% of the time, the opposing parties have slept together. That is huge! What a tremendous amount of emotion, pain and tension...
by Shawn Weber | Sep 1, 2010 | divorce, Property
The main thing to do is to gather information. Copy documents; all the financial and legal documents you can find, such as: deeds, bank statements, credit card statements, income tax returns, corporate documents if there is a business, back for at leat 5 years, if...
by Shawn Weber | Jun 3, 2010 | divorce, Marriage
No Fault Divorce California is a no fault divorce state. Neither spouse has to prove that the other one is a bad guy. You check a box on the Petition, either “Irreconcilible Differences” or “Incurable Insanity”. This gives the court the...
by Shawn Weber | May 14, 2010 | divorce, mental health
In a divorce case, there can be a real temptation to let the Divorce Court know just exactly how terrible you think the other party is. That can backfire, however, if you are not careful. For instance, I had a trial once in divorce court where my client testified to...
by Shawn Weber | Mar 19, 2010 | Children, Coach, Conflict Resolution, custody, divorce, Mediation, parenting
By Shawn Weber, San Diego Family Law Attorney and Mediator The Family Court in San Diego County, California requires parents in a custody dispute to attend mediation at Family Court Services (FCS). At Family Court Services, the parents meet with a social worker who...
by Shawn Weber | Feb 25, 2010 | divorce, Finances, Pension, Property
By Shawn Weber, San Diego Divorce Attorney When dividing the community property interest in a defined benefit plan, the Court most often uses the so-called “Time Rule” or “Brown Formula”. Many clients (and a lot more attorneys than you would...