San Diego Family Law Attorneys
Clear Guidance and Strong Advocacy in Divorce, Custody, and Family Law Matters
A divorce or custody dispute can change where your children live, how you support your household, and what happens to the property you have built. During a stressful and uncertain time, clear advice can help you understand what needs attention now and what each decision could mean for your future.
At Naimish & Lewis, APC, Mary J. Naimish and Robert J. Allison are both Certified Family Law Specialists, certified by the State Bar of California Board of Legal Specialization. Our San Diego practice represents clients in divorce (both contested and uncontested), legal separation, child custody and visitation, parentage, child and spousal support, property division, and post-judgment issues—matters that come up after a case is finalized.
We give you a straightforward assessment of your situation and work with you to develop a strategy. That includes pursuing settlement when an agreement serves your interests and preparing the evidence needed when disputed issues require a court’s decision.
Call (619) 523-9900.
Naimish & Lewis, APC: Your Trusted Family Law Advocates
Partner Mary J. Naimish, CFLS, and Robert J. Allison
Meet Your Certified Family Law Specialists
Mary J. Naimish, CFLS
Mary J. Naimish is a founding partner of Naimish & Lewis, APC. Her practice includes divorce, custody, support, premarital and postmarital agreements, and related family law matters. She also brings experience in estate planning and trust administration.
Her work across these practice areas helps the firm consider how divorce and other family law decisions intersect with inheritance, trust interests and planning for the future.
Robert J. Allison, CFLS
Robert J. Allison helps clients evaluate their options with attention to time, cost, risk and likely outcomes. His approach emphasizes gathering relevant evidence early, preparing for potential litigation, and identifying opportunities to resolve disputes through settlement.
He provides direct advice about the strengths and weaknesses of a case so clients can make informed decisions throughout the proceeding.
Family Law Services
Divorce & Legal Separation
Ending a marriage involves decisions about finances, property and, for parents, the care of their children. Divorce ends the marriage, while legal separation allows spouses to address those issues while remaining legally married.
Our attorneys represent clients starting a case, responding to divorce papers that have already been filed (a Petition for Dissolution), or working through a contested divorce. We help you understand financial disclosure requirements, evaluate proposed agreements and prepare disputed issues for court.
Child Custody & Visitation
Custody concerns both responsibility for important decisions about a child and the parenting schedule. We assist with custody and visitation disputes, parentage—including paternity—and relocation matters.
San Diego Family Court Services provides child custody recommending counseling, often called custody mediation, before hearings on disputed custody and visitation issues. Our attorneys help clients understand that process and prepare to explain their concerns.
» Preparing for Child Custody Recommending Counseling (Mediation)
Child Support
California uses a statewide guideline formula to calculate child support. Both parents’ incomes and the time each spends caring for the children are important inputs, along with other legally relevant factors.
Our attorneys help clients address disputed financial information and requests to establish, modify or enforce support. We explain how the calculation applies to your circumstances and what evidence may be needed to support your position.
Spousal Support
Temporary spousal support covers the period while a case is still pending. Longer-term support is decided later, when the case concludes, under a separate set of legal factors. These include the length of the marriage, each spouse’s earning capacity, and the standard of living during the marriage.
We advise clients requesting support and those responding to a request. Our work includes evaluating financial information, reviewing settlement proposals and addressing disputes over support obligations.
Division of Assets and Debts
California distinguishes between community property and separate property. Generally, earnings and property acquired with those earnings between marriage and separation are community property. Separate property generally includes property owned before marriage, gifts or inheritances received by one spouse, and earnings after separation. Some assets contain both community and separate interests, so their history and supporting records matter in deciding how they should be divided.
Our attorneys help clients determine whether property is community, separate, or a combination of both. We also address financial disclosures and disagreements about assets and debts, helping you understand the financial picture before evaluating a proposed division.
Post-Judgment Modifications & Enforcement Orders
An existing judgment may no longer address a family’s circumstances, or a party may fail to follow its terms. Changes in income, parenting arrangements or a child’s needs can raise questions about whether certain orders should be modified.
We help clients assess requests to change custody or support orders and pursue enforcement when appropriate. The available options depend on the type of order, its terms and the circumstances supporting the request.
Pre-Nuptial & Post-Nuptial Agreements
Pre-nuptial and post-nuptial agreements—also called premarital and postmarital agreements—address financial rights and responsibilities before or during marriage. Their terms can affect how property and financial obligations are treated upon divorce or death.
Our attorneys assist with drafting and reviewing these agreements so clients understand the proposed terms, their consequences and the legal requirements that affect whether an agreement can be enforced.
How We Approach Your Family Law Case
Disagreements often turn on facts that need to be documented: income, expenses, ownership of property, or circumstances affecting a child. We identify the information needed to assess your position and explain how it relates to the issues in your case. Early preparation helps inform negotiations and provides a foundation for court proceedings when necessary.
As your case develops, we help you evaluate proposals against your priorities, the available evidence and the alternatives. You receive direct advice about the practical consequences of accepting an agreement or asking the court to decide a disputed issue.
Related Legal Services for Your Family
Family law decisions can intersect with planning for incapacity, administering an estate or caring for a family member. Naimish & Lewis also assists with the following matters.
Trusts & Estate Planning
An estate plan addresses how your affairs should be handled during incapacity and how your assets should pass after death. Wills, trusts, powers of attorney and beneficiary designations serve different purposes and need to work together.
We help clients prepare estate plans and review existing arrangements as their circumstances change, including questions that arise during or after a divorce.
Probate
After a death, families may need help determining whether probate is required and understanding the responsibilities involved in administering an estate. The process can include identifying assets, addressing debts and distributing property under court supervision.
Our firm guides clients through probate and related estate administration matters, helping them understand the required steps and their responsibilities.
Guardianship & Conservatorship
Guardianship generally concerns the care or finances of a minor. Conservatorship generally concerns an adult who needs court-authorized assistance with personal care, financial affairs or both.
We help families understand these proceedings and consider whether an available alternative may address the person’s needs. The appropriate approach depends on the individual’s circumstances, existing planning documents and the authority needed.
Frequently Asked Questions About California Family Law
What is the difference between divorce and legal separation?
Divorce ends a marriage. Legal separation allows the court to address property, debts, support and parenting issues while the spouses remain legally married. California’s six-month divorce waiting period does not apply to legal separation.
Does a California divorce automatically become final after six months?
No. California generally requires at least six months from service of the summons and petition or the respondent’s appearance, whichever occurs first, before marital status can end. The waiting period alone does not finalize the divorce. The required issues and paperwork must be resolved, and the court must enter judgment.
Can custody or support orders be changed after judgment?
Yes, some orders can be modified when the applicable legal requirements are met. A significant change in circumstances may support a request to modify a final custody order. Changes in income or parenting time may also affect child support. Whether spousal support can be changed depends in part on the judgment and any agreement limiting modification.
What happens if parents cannot agree during Family Court Services counseling?
If disputed issues remain after San Diego Family Court Services counseling, the counselor makes recommendations to the court. The judge makes the decision. Your attorney can help you understand the recommendations and prepare to explain your position at the hearing.
Is everything divided equally in a California divorce?
California generally divides community property equally, while each spouse keeps their separate property. Some assets contain both community and separate interests, and exceptions or agreements can affect the result. Determining how property is characterized is an important step before deciding how it should be divided.
Discuss Your Case with Naimish & Lewis
You may be considering your next step, facing a deadline, or seeking a clearer understanding of an ongoing case. Contact our San Diego family law team to request a consultation and discuss how our firm may help.
Before your meeting:
- Note upcoming hearing dates and deadlines.
- Gather existing court papers and orders.
- Write down your immediate concerns and questions.
Call (619) 523-9900.
