Can I deduct my divorce or family law legal fees on my taxes?
Dec 14, 2011
The general rule is that divorce is a personal expense and is not deductible as a business expense.United States v. Gilmore(Gilmore I) (1963) 372 U.S. 39. So the short and easy answer is, No.
However,...
See Full Guide
What sort of drug or alcohol testing can a California Family Court order in a custody proceeding?
Dec 14, 2011
California Family Code section 3041.5provides a mechanism for drug and alcohol testing for parents involved in custody disputes. Testing can be ordered if the court finds, by apreponderanceof the evi...
See Full Guide
Divorce Lawyer FAQ: "Does mediation work well with men?"
May 13, 2011
San Diego divorce attorney-mediator Shawn Weber answers the Frequently Asked Question: "My friends have warned me that mediation doesn't work well with men. Is this true?" This San Diego, California di...
See Full Guide
I have a spousal support order in California. What is a “Gavron Warning”?
May 13, 2011
The idea of the Gavron Warning came from the caseIn Re Marriage of Gavron, (1988) 203 Cal.App.3d 705, 250 Cal.Rptr. 148. In this case the parties separated in 1976 after a 25 year marriage. Subsequentl...
See Full Guide
What does best interest of the child mean when litigating custody in California?
May 13, 2011
You hear it mentioned over and over again, The Court makes a custody order in keeping with the childsbest interests. However, seldom do you hear anyone define what best interests really means. The fac...
See Full Guide
Top 6 Tips for Dads in a Custody Battle: How to Put Your Kids First.
May 13, 2011
I frequently tell my clients that custody battles are best approached by telling a story. The judge is a human being who is affected by a story. Whichever party tells the best story at court typicall...
See Full Guide
What are the advantages of choosing a Collaborative Divorce?
May 13, 2011
San Diego collaborative divorce lawyer and mediator Shawn Weber answers the Frequently Asked Question: "What are some of the advantages of choosing Collaborative Divorce?" This San Diego, California co...
See Full Guide
In California, what is the difference between legal custody and physical custody?
May 13, 2011
Over the years, I have come across a lot of misconceptions about the meaning of physical custody versus legal custody. We hear co-parents throwing terms like sole custody, joint custody, or primary phy...
See Full Guide
Email: One of the most useful (and dangerous) tools in a family law case.
May 13, 2011
Email can be great for co-parents because it is instant, convenient and leaves a record, but its strengths become its weaknesses if not used smartly. Most family law attorneys have some horror story ab...
See Full Guide
Making sense of California’s “Time Rule” to divide pensions.
May 13, 2011
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 think)...
See Full Guide