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Shawn Eric Weber

Shawn Weber’s Answers

34 total

  • What is the fastet abd least painful method to disolve a long term marriage in CA>

    Both parties agree to the divorce.

    Shawn’s Answer

    You should consider a no court method such as mediation or collaborative divorce.

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  • I asked my ex to voluntarily submit to a Vocational Evaluation, she refused. How do I asked the Court to order her to submit.

    In the 3rd year of Divorce, she initiated, but refuses to want to settle. She has a temporary Support order that is killing me. It is a Smith/Osler and is 14% CS and 24% SS, she gets almost 7K per month and has no incentive to ever settle. I let ...

    Shawn’s Answer

    You have to have a pending motion to modify support before you can do discovery. If after filing a motion she still refuses to submit to the evaluation, you can file another motion to order her to participate and possibly get sanctions for her failure to cooperate. To do it right, there is a specific procedure. So you would be wise to consult counsel.

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  • I need to file for divorce. I am deployed overseas and my wife is in CA where we live.

    We are trying to file for divorce. It will be peaceful and amicable. We agree on terms and have no children and little to no debt. She has my Power of Attorney (I trust her). Do we both need lawyers? Can she just email me the documents and I ...

    Shawn’s Answer

    You may consider hiring a mediator to help you finalize your agreement. It is typically much cheaper and avoids the unnecessary adversarial nature if hiring your own attorney. Some mediators are equipped to deal with long distances as well.

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  • Will i have to pay out wife in divorce if i keep a home out of state owned prior to marriage?

    I bought a house in texas solely in my name b4 marriage. I have maybe 35g in equity. Its a rental prop and the rent covered + 95% of the mortgage. I have paid the mamagement and hoa fees out of pocket so its been negative cash flow. I understand i...

    Shawn’s Answer

    If you paid down the principal during the marriage with community property funds (i.e., your wages) there is likely a portion of the house that will be considered community property. Typically the courts will require that you reimburse her for one half of that interest. If there are other assets to offset that interest... then great. But if not, you may have to sell or get her to agree to payments. These can be complex questions, and it would make tons of sense of for you to contact an knowledgeable attorney to discuss the details.

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  • Quickest way to get divorced

    I am on green card living in California for last 1 and half years. My wife is in England now. We got married in California 8 months ago. My wife doesn't want to come to USA for this divorce matter. She is willing to sign any paper to get it over...

    Shawn’s Answer

    A summary dissolution is probably the way to go. You may consider hiring a mediator to quickly draw up the paperwork without a lot if fuss. Or you may consider going to the family law facilitator at the courthouse in Vista. They have attorneys who can help you draw up the papers for free.

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  • Can I email my ex-husbands mistress even though I received a DV-100 for harassment on my husband with emails to reconcile?

    As of Oct 9th our divorce was final, but a couple of days before hearing, his coworkers called me to let me know he had been cheating on me with a co-worker. He is the boss & a yr ago the CEO of the company had him re-write employee rules. It st...

    Shawn’s Answer

    Do not email the mistress. I know you are angry, hurt and in pain. But you are just asking for trouble.

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  • I'm about to get a divorce. The house is under my spouse's name, is it community property?

    During the buying of the home, I had to sign paperwork called an INterspousal transfer deed because my credit was bad from a prior short sale. We bought the home 2 years ago, but it's under her name only. Will it be considered community property...

    Shawn’s Answer

    Chances are that even though there was an inter spousal transfer deed, the house is still community property. There is a presumption of undue influence when a house is transmuted to separate property like that. Also, there usually needs to be an express waiver indicating that you really meant to transmute the house to separate property. This waiver should be in writing. Otherwise the transfer won't be considered. Also, even if the house is considered separate property, the fact that you paid the mortgage could be a basis for a community interest to remain. This is a complex area of law and every case is different. You would be wise to have an attorney review the facts and details if your individual situation. Good luck!

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  • Can a voice mail left on my phone be used as evidence in a custody and child support battle?

    My ex has left numerous voice mails proving my assertions in court that he owns a business that he claims in court that he does not and he also states that he could care less about me. Can I use this as evidence?

    Shawn’s Answer

    • Selected as best answer

    Yes. There is no prohibition against recording a voice mail message. Ostensibly, the person who left the message knew that the message would be recorded, so you do not run afoul of the rules on unlawful wiretapping.

    Also, because the statements are made by a party opponent (your ex) there is no concern about hearsay. It is admissible as an exception to the hearsay rule under California Evidence Code section 1220. See also People v. Horning (2004) 34 Cal.4th 871, 898 n5.

    The only other concern you may have in getting the recording admitted is the issue of "authentication". In other words, is the recording actually what you purport it to be. You can probably take care of this by presenting your own testimony that you are familiar with his voice and that it was he who left the message. Also, you will want to indicate that you are familiar with the workings of your voice mail system and that this was left by him on your voice mail system. You can also get an admission from him with a document called a "Request for Admission" that it is an authentic recording of his voice left on your voice mail.

    Finally, if it contradicts a prior statement that he made regarding the business, it can be used to impeach him during cross examination.

    You should have an attorney work with you on how best to present the recording to the court as evidence. There are rules about how something must be presented. The rules are technical and a screw up could cause the evidence to be excluded.

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  • Can a mediator interview my children without my consent or presence?

    Mediator is new to the case that is 5+ years old. There has been molestation, domestic violence and substance abuse issues in the case on the other side. At our last mediation, the mediator said he wanted to interview our children. I stated that I...

    Shawn’s Answer

    It is not uncommon in custody mediation for the mediator to speak with a child outside of the presence of the parents. However, the previous comment is spot on. Make sure you have an attorney. You may consider having the attorney approach the court to clarify the scope of the mediators interview with the children. It is sometimes a problem when mediators take a case and run with it with no limiting orders to control the scope of their analysis. Courts are typically open to limiting scope as well.

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  • Which one's most post-litigative: legal separation or divorce?

    Other party wants to live as separate as possible - at least the finances aspect definitely - but under the same roof with me "for sake of infant / toddler kids" (probably so that help is handy). Neither of us want to remarry. The other party is v...

    Shawn’s Answer

    Go for the divorce. More entanglement means more opportunity for litigation. If you want to avoid further conflict, it's best to cut as many ties and entanglements as possible. That said, even if it is a divorce, make sure you have finality and make sure that the terms of the settlement are clear and not promotive of further disputes down the road. A good attorney can help make sure of that.

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