Family Law Articles

Under California law, a parent’s duty to support their minor children is above all others. For various reasons, parents split up, and they eventually come to an agreement on—or the Court [...]

If the goal of child support is to have the children share in the standard of living of both parents, and child support is calculated in part by using both parents’ monthly income, what happens [...]

Understanding California's marriage laws is essential before saying "I do." Learn how a prenuptial agreement can offer protection and peace of mind for San Diego couples.

When potential clients enter our office, they are often unsure of the extent of their marital assets and liabilities, and those of their spouse’s. In the alternative, a client may feel very sure [...]

When clients seek legal help, they often lack a complete understanding of marital assets, liabilities, or their spouse’s financial situation. Others may know what they need to prove but lack the [...]

Navigating a family law case can be overwhelming, especially when crucial information about assets, debts, or other relevant details remains hidden. When potential clients enter our office, they [...]

Tired of the fog of confusion in your San Diego divorce? Hidden assets, unclear debts, and conflicting accounts can stall out your case and drain your energy. But what if there was a tool to cut [...]

Child custody mediation can feel overwhelming, but with the right preparation, you can approach the process confidently. This guide will help you understand what to expect, how to prepare, and [...]

In family courts, child support and spousal support are subjects of intense debate. Parents and spouses engage in heated discussions concerning various factors that can affect the support amount, [...]

When it comes to child custody and visitation matters, there are many factors and circumstances specific to your case that influence a Judge’s decision.

Presumed Parents and Child Custody When unmarried “parents” are no longer on amicable terms, we often see one attempting to prevent the other from exercising legal custody decision-making and [...]

During divorce settlement discussions, spouses can be very creative in their agreements to divide assets and debts. Spouses may consider an equal or unequal division of community property, the [...]

The journey through divorce or legal separation can be overwhelming. Many clients find themselves unprepared for the procedural, legal, and emotional complexities involved. An essential part of [...]

Divorce & Taxes… To the disappointment of everyone involved in a divorce or legal separation, the Internal Revenue Service (IRS) will not give special extensions, or wait until a case [...]

Child support is a highly contentious issue in family courts. Parents argue over every detail that could impact the amount of support, whether it is appropriately paid, and for how long it needs [...]

The end of a divorce case, also known as dissolution of marriage in California, is when a final judgment has been entered and can no longer be altered in some way. Much conflict occurs in the [...]

Pets are property, but we care for their needs and treat them as family too! They are living beings that require food, water, shelter, veterinary care, and as most people would agree, affection. [...]

In prior articles, we’ve discussed generally the duty to disclose and some of the main documents that make up the Preliminary and Final Declarations of Disclosure. Despite this duty, the reality [...]

Many California homeowners have pursued refinancing for better interest rates, but a common pitfall arises when spouses sign an interspousal transfer deed. This seemingly simple act, often [...]

Characterization and Family Law Presumptions In most divorce cases, arguments regarding dividing property often begin with spouses making claims such as, “this is my bank account, that is [...]

Many of our clients often express concern that their spouses are mishandling or misappropriating money. Claims range from “my spouse is stashing money in accounts I don’t have access to,” “my [...]

When, if, and where you and your child(ren) are allowed to move can be a common frustration of many parents, or possibly a relief to many during the divorce process.

Are You Living Together? Understanding Your Legal Rights in California In California, unmarried couples living together face a unique legal landscape that differs significantly from married [...]

Marriage is a legally binding contract that couples often sign prior to understanding the terms. Those individuals who educate themselves on how their property rights and financial [...]

Child support in California is determined based on each parent’s circumstances and financial standing. When calculating child support, the court requires both parents to disclose their [...]

At least one parent often has the expectation that both parents will contribute to their child’s college expenses. What happens when the other parent does not want to share in the cost of [...]

When a court makes a domestic violence protection order there will be an expiration date after which the restrained person will no longer be restrained from communicating with or appearing within [...]

When parents cannot agree on a child custody and child sharing plan, either parent may file a Request for Order with the Family Court. In San Diego, the filing of a request for custody and [...]

California Family Law § 2104 law requires each party of a family law proceeding to serve the other with his or her declaration of disclosures within 60 days of filing the Petition for Dissolution [...]

Although the court can restrain a person from committing further acts of domestic violence following one person’s filing of a Request for Domestic Violence Restraining Order, sometimes a person [...]

Of great concern during the COVID-19 coronavirus pandemic is the increased risk of domestic abuse toward spouses, cohabitants, and children because of the increase in time spent at home relative [...]

The COVID-19 pandemic and stay-at-home-orders beginning March 19, 2020, and continually revised since, have interrupted our daily lives on nearly every level. The most immediate impact on [...]

The COVID-19 pandemic has heightened concerns for separated parents who frequently exchange their children. Parents with pre-pandemic child visitation orders are finding the statewide [...]

Under California law, registered domestic partners have the same rights, protections, and benefits as married couples. Essentially, Domestic Partnerships are available to same-sex couples and [...]

In addition to “regular” child support obligations, parents of minor children are required to pay for uninsured and/or unreimbursed medical expenses. Uninsured medical expenses are medical [...]

Domestic violence, in California as well as elsewhere, affects many families and individuals. It happens more than you realize, in part because it is often hard to identify. The traditional [...]

The time after you lose a loved one is an emotional, stressful, and difficult time. This time can be made even more stressful if you have been named as the executor of your loved one’s estate or [...]

The family law attorney team at Naimish & Lewis recently attended a continuing legal education seminar to learn more on how domestic violence can impact child custody proceedings. This blog [...]

Divorce is an emotionally and financially challenging experience, but it can be even more daunting for parents with a special needs child. California child support typically ends when a child [...]

Divorcing couples often have critical questions about financial transparency: What if my spouse is hiding money, property, or other assets from me? Do I need to disclose all my financial [...]