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What does “best interest of the child” mean when litigating custody in California?
You hear it mentioned over and over again, "The Court makes a custody order in keeping with the child's best interests." However, seldom do you hear anyone define what "best interest of the child" really means. The factors that the court Calfornia Family Code...
This is Not Your Parents’ Prenup: Debunking Prenup Myths
This article on Huffington Post has some excellent points about the modern prenup. I believe that the prenup conversation forces couples to discuss their money and expectations PRIOR to getting married. To me, that makes for a better marriage. If you can't have the...
I have a successful business. I built it myself with years of my hard work. My husband didn’t do anything to help. Shouldn’t the business be awarded to me as separate property when we divorce?
"Should" is simply the wrong question to ask when considering whether you have a community property business. The right question has more to do with what "is" under the law. California is a community property state. This means that anything that was acquired through...
Divorce Costs: How to get through your divorce or family law case without losing your shirt.
By Shawn Weber, Attorney and Mediator In this difficult economy, I am being asked frequently how to save money on a divorce. Divorce costs can be horribly expensive and can leave both parties destitute. Additionally, there are some unscrupulous attorneys out there who...
The Weber Dispute Resolution Divorce Song List
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...
What effect does adultery have on a California divorce?
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 a bit simplistic....