14 Hidden Truths About Being a Child of

Posted March 31, 2014 by Shawn Weber
Categories: Uncategorized

14 Hidden Truths About Being a Child of Divorce – Important reading for divorcing parents! http://ow.ly/v6pUB

Wait, So the Divorce Problem Is Actually

Posted March 30, 2014 by Shawn Weber
Categories: Uncategorized

Wait, So the Divorce Problem Is Actually Getting Worse? http://ow.ly/v6pKS

Divorce is actually on the rise and it’

Posted March 29, 2014 by Shawn Weber
Categories: Uncategorized

Divorce is actually on the rise and it’s the baby-boomers’ fault. (I knew it!) http://ow.ly/v6pF0

Ask for a Collaborative Divorce Attorney

Posted February 12, 2014 by Shawn Weber
Categories: Attorneys, Collaborative Divorce, conflict resolution, Courts, divorce, Marriage, Mediation, Relationships

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Shawn Weber:

I completely agree with the sentiment of this article. If your attorney doesn’t offer Collaborative Practice or Mediation as an option for your divorce or family law matter, you need to ask him why. For more information about Collaborative Practice in the San Diego area, see http://www.bravewebermack.com/Family-Law-Overview/Collaborative-Divorce.shtml or call Attorney Shawn Weber at 858-345-1616 for a free telephone consult.

Originally posted on ABC Family Law Blog:

If you are considering a divorce, ask your attorney whether he or she has received interdisciplinary collaborative training and offers the collaborative divorce option.  Why?

A collaborative divorce attorney will focus on helping you and your family rather than hurting your spouse.  He or she is committed to productive and respectful negotiations for a mutually beneficial outcome rather than conducting an all out war in the courtroom.

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I want to end my marriage, but my spouse says he won’t grant me a divorce.

Posted February 9, 2014 by Shawn Weber
Categories: divorce, Relationships

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Posted by Shawn Weber, Attorney at Law, CLS-F*

In California, the grounds for divorce are specifically laid out in the California Family Code, which reads:

“Dissolution of the marriage or legal separation of the parties may be based on either of the following grounds, which shall be pleaded generally:

(a) Irreconcilable differences, which have caused the irremediable breakdown of the marriage.

(b) Incurable insanity.”

(Cal. Fam. Code §2310)

    The ground of incurable insanity is fairly specific.  In fact, the Court may not grant a divorce based on incurable insanity without proof, “including competent medical or psychiatric testimony, that the insane spouse was at the time the petition was filed, and remains, incurably insane.” (Cal. Fam. Code §2312.)  The requirement for medical testimony means that virtually all divorces (including those where a party really is insane) will be plead on the grounds of irreconcilable differences.

While grounds incurable insanity are specific and narrowly defined, the grounds of irreconcilable difference are defined broadly.  “Irreconcilable differences are those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved.” (Cal. Fam. Code §2311.)

Because consideration of specific acts is not allowed, the Court is allowed enormous discretion to subjectively determine whether a marriage is irretrievably broken.
Even though marital misconduct such as affairs, abandonment, abuse or substance abuse may have contributed to the irreconcialable differences, the court is prohibited from allowing evidence of specific acts of misconduct.  “Except as otherwise provided by statute, in a pleading or proceeding for dissolution of marriage or legal separation of the parties, including depositions and discovery proceedings, evidence of specific acts of misconduct is improper and inadmissible.” (Fam. Code §2335.)

“[T]he decision that a marriage is irretrievably broken does not need to be based on objective facts….   For this reason, the code ‘offers no precise definition or guidelines to measure the existence of ‘irreconcilable differences.’ Instead, it simply requires the court to determine there are ‘substantial reasons for not continuing the marriage and which make it appear the marriage should be dissolved.’ [Citation.] ‘The irreconcilable differences ground is purposely broad. It is intended to represent the actual reasons underlying marital breakdowns and at the same time make irrelevant questions of ‘fault’ or misconduct by either party.’”

(In re Marriage of Greenway (2013) 217 Cal.App.4th 628, 651 as cited by Attorneys’ Briefcase [Version 2013.2] FL2013.2 MaSt 196.00.)

The result is that it is very easy to get a divorce.  If a party wants a divorce in the State of California, that person can get a divorce.  Once irreconcilable differences have been plead, it is virtually impossible to oppose the dissolution.  Although I have seen attempts, I have never seen a successful challenge to the grounds of irreconcilable differences.    In practice, the divorcing party need simply allege that the marriage is irretrievably broken and the court will grant the dissolution of marriage even over the objection of the other party.  It is simply not up to the other person to “grant” or to “not grant” the divorce.

For better or for worse, it is very easy to prove grounds for a divorce in California.

For more information about the grounds for divorce in the State of California, contact attorney Shawn Weber for a free telephone consultation at 858-345-1616 or visit our website at www.BraveWeberMack.com .

*Certified Specialist – Family Law, The State Bar of California Board of Legal Specialization.

10 Golden Rules for a Good Divorce – Exc

Posted February 9, 2014 by Shawn Weber
Categories: Uncategorized

10 Golden Rules for a Good Divorce – Excellent post by Dr. Constance Ahrons. Enjoy! http://ow.ly/tqv6n

Simplify Your Split With Collaborative Divorce – San Diego 6

Posted January 2, 2014 by Shawn Weber
Categories: Attorneys, coach, Collaborative Divorce, conflict resolution, divorce

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 My good friends and colleagues, Robert Simon, Ph.D., Cinda Jones, CFP, CDFA, and Nancy Taylor, Esq. representing the Collaborative Family Law Group of San Diego appeared on San Diego Living on Channel 6 TV  to discuss Collaborative Divorce.  I thought they did an excellent job of explaining briefly and succinctly what Collaborative Divorce is.  I recommend this video as a great primer on the subject.  Before a divorcing couple moves forward with a divorce litigation, they should seriously consider Collaborative Practice as an option for peaceably resolving their divorce outside of court.  Thank you Robert, Cinda and Nancy!

Here is the link:



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