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Shawn Eric Weber
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Shawn Weber’s Answers

39 total

  • Is it necessary for one spouse to move out during divorce filing or can they live in the same house and still divorce?

    Want to file for divorce. 14 yrs. divorce is expensive so thinking to stay in the same house during proceedings

    Shawn’s Answer

    No it isn't. Given the realities of today's economy, many continue to cohabit even after the divorce is final. However, be careful. There is recent case law that may indicate that there isn't a date of separation for purposes of length of marriage and division of community property until the parties physically separate. Check with an attorney to discuss the implications for your particular case.

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  • We signed a prenuptial agreement, but should we still provide the financial info and exchange even though we signed a prenup ?

    My spouse and I would like a summary dissolution. We live in CA and meet the requirements.

    Shawn’s Answer

    The disclosure statutes are pretty explicit. Even if you agree to everything 100%, you still must do the financial disclosures.

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  • Is there any benefit being the party filing for divorce.

    both parties are in agreement for divorce

    Shawn’s Answer

    No. It makes no difference. It's just that the Petitioner will have a few more papers to sign at the end of the case.

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  • I need a divorce. We been having issues for a long time. We had discussed about it for a while. I want a noncontested divorce

    I need a quick divorce. Anyone know where in the United States I can get home the quickest without having to be a residence there??? My husband and I have issues and by now I am agreeing to a non contested divorce. I need a very experience lawye...

    Shawn’s Answer

    Be sure you research ALL of the different options available for your divorce. There is mediation; there is Collaborative Divorce or simple negotiated settlement. The decision of HOW to divorce is almost as important as the question of whether to divorce.

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  • What can be done if non-custodial parent is leaving child with others during his parenting time?

    my ex has visitation schedule with the court and never spends time with our child during his visits. He's at work.

    Shawn’s Answer

    Parents are prioritized in custody situations over non-parents. You may considering negotiating with your ex a right of first refusal. I find that working parents are sometimes open to the concept.

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  • 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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