Shawn Eric Weber’s Answers

Shawn Eric Weber

Solana Beach Family Law Attorney.

Contributor Level 10
  1. Which one's most post-litigative: legal separation or divorce?

    Answered over 1 year ago.

    1. Donald Frederick Conviser
    2. Sarah Victoria Cottingham
    3. Michael T Millar
    4. Manuel Alzamora Juarez
    5. Shawn Eric Weber
    6. ···
    6 lawyer answers

    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.

    6 lawyers agreed with this answer

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

    Answered over 1 year ago.

    1. Tobie Brina Waxman
    2. Shawn Eric Weber
    3. James Louis Miller
    3 lawyer answers

    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...

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  3. How do I file custody papers?

    Answered about 3 years ago.

    1. Shawn Eric Weber
    2. Celeste A Johansson
    2 lawyer answers

    If you haven't already done so, you will need to file a request at court. The challenge here will be service of process since you don't know where he is. You will need to do a due diligence search to try to ascertain his location. This search would include checking DMV records, voting records, etc. If you are still unsuccessful, then you will need to request permission from the court to serve him by publication. Once he is served, if there is no response, you can go to the court and...

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  4. What to do when the waiting period in a California divorce is over for a person living in Germany and divorcing a US citizen?

    Answered about 3 years ago.

    1. Shawn Eric Weber
    2. David Alexander Browde
    3 lawyer answers

    You should hire an attorney in Los Angeles to bring the matter to a head. If your ex will not prosecute the case, there are things you can do through an attorney that will no require your presence. If she has an attorney, you may try contacting him or her to see if there is a possibility for settlement.

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  5. What is simple & cheap ways to file a divorce. He has left home many times then I forgave him and took him back but no more.

    Answered over 1 year ago.

    1. Donald Frederick Conviser
    2. Daniel Seth Williams
    3. Tobie Brina Waxman
    4. Shawn Eric Weber
    4 lawyer answers

    Consider hiring a mediator to resolve your divorce. A mediator can often complete your case much more quickly, for less money and with less financial hardship. While it is wise to have independent counsel review your Marital Settlement Agreement before you sign, the cost is usually much lower than having the attorney represent you. A good mediator can help the two of you resolve your issues with as little pain as possible.

    1 lawyer agreed with this answer

  6. Can we actually do our own contested divorce? without hiring lawyer. -_-'

    Answered about 3 years ago.

    1. Shawn Eric Weber
    2. Stephanie Michelle Bamberger
    3. Steven Alan Fink
    3 lawyer answers

    You may want to consider hiring a mediator. I have made a lot of money in my career cleaning up the mistakes of do-it-yourself divorces. A mediator is a cost effective way to sit down with your spouse and come up with your uncontested agreement. The mediator will typically prepare a marital settlement agreement for you. It's then a good idea to then run the agreement past an independent attorney to make sure you are not making any mistakes. Mediations are typically much less expensive and...

    1 lawyer agreed with this answer

  7. Can my ex take our daughter out of state without my permission. If he does is there anything I can do to stop him or get her bac

    Answered about 3 years ago.

    1. Shawn Eric Weber
    1 lawyer answer

    On the back of your summons you will find the list of temporary restraining orders that binds both parties. One of those orders is that neither party shall take the child out of state. So, he will need your permission or a court order to take her out of California. Let him know clearly in writing that you do not approve of him taking your daughter out of state and that if he does you will view it as a violation and notify the court and/or the authorities. If he does taker her anyway, you...

    1 person marked this answer as helpful

  8. Can a mother and her 3 year old daughter sleep in seperate beds but in the same room by California state law?

    Answered about 3 years ago.

    1. Shawn Eric Weber
    2. Kate Blackburn Rockas
    2 lawyer answers

    The short answer: Yes. Especially given the age and fragility of the daughter, sleeping in the same room may be in her best interests. As she gets older, you may want to consider separate rooms. That mom and child are in separate beds, however, is very appropriate. If the court were to consider the issue, it would rely heavily on medical and psychological evidence to determine what is in the child's best interests. Are you and the other parent having a dispute about this issue? I...

    1 person marked this answer as helpful

  9. My attny failed to respond to divorce summons on time. I have now rec'd a notice of default filing stamped by the court.

    Answered about 3 years ago.

    1. Shawn Eric Weber
    2. Frank Wei-Hong Chen
    3. Steven Alan Fink
    3 lawyer answers

    I agree with everything the previous attorneys have said. I would also consider talking to this attorney about this serious breach of the standard of care. He should at the very least offer you a discount. I hate to tell on fellow attorneys, but he has technically committed malpractice. If he can't clean this up, you should contact a legal malpractice attorney about your remedies.

    1 person marked this answer as helpful

  10. Ex filing ex parte hearing 2 days after temporary orders were made in court

    Answered about 3 years ago.

    1. John F Cannon
    2. Shawn Eric Weber
    2 lawyer answers

    For the court to change custody ex parte, there needs to be an extreme emergency. In other words there must be a strong likelihood of irreparable harm if the request is not granted. So, it is highly likely that the court will not grant his request. However, if in your ex parte request 2 days ago, you left out important information that would have colored the judge's initial perception of the case, that could be a problem for you. Most likely, however, the judge will keep the orders as they...

    1 person marked this answer as helpful