Family Law Attorneys in San Diego, California
A family law attorney guides you through divorce, child custody, support, property division, and domestic violence matters, in negotiation and in court. The family law attorneys in San Diego at Smith Family Law, APC have handled California family law cases since 2017, and every case starts with a free phone consultation.
Divorce raises legal, financial, and parenting questions that must all be resolved before a judgment can be entered. Whether you are only starting to think about separation or you have already been served, our team can help you settle outside of court where possible and represent you in the San Diego Superior Court where necessary.
Whether you’re just thinking about divorce or separation and want to learn more about how to prepare yourself legally and financially, or want to file for divorce and need a divorce lawyer on your side to help you navigate the legal and financial concerns of your divorce, the family law attorneys in San Diego, California at Smith Family Law are here to guide you every step of the way. Our attorneys can help you settle your divorce outside of court, but we are also here to help couples navigate difficult divorce within the court system as well.
How a Family Law Attorney Can Help You with Your San Diego, California Divorce
If you’re getting divorced in San Diego, California, you’ll have to make major legal, financial, and co-parenting decisions. California is a community property state, meaning that income earned during your marriage is generally considered shared or marital property. Debts acquired during your marriage are generally considered shared debts. And if you own a family home, you’ll need to decide what to do with the family home. If you have children, you’ll need to develop a parenting plan that outlines how you’ll share time with your children.
California treats income and property acquired during the marriage as community property under Family Code Section 760, which is why property division questions sit at the center of most San Diego divorces.
Here are some of the major concerns that often must be addressed in a San Diego, California divorce:
- Distinguishing between separate and community property. Generally, savings or property purchased from before you were married is considered separate property and isn’t subject to division in divorce. If one spouse receives an inheritance or a gift, this property is also generally considered separate property. Issues can arise with tracing separate and martial property if separate property is used to purchase shared property or if assets get comingled during the marriage. A family lawyer in San Diego, California at Smith Family Law can help you understand your rights when it comes to separate and shared property and make decisions that are fair.
- Dividing shared marital property. A major question that leads to disputes during divorce involves dividing shared marital property. Any property deemed to be community or marital property must be divided in divorce. This includes savings accounts, retirement accounts, property, and your family home. A family lawyer in San Diego, California at Smith Family Law can help you understand your rights and work with you to find the best solution for your situation. Our family attorneys in San Diego, California can help you with an uncontested divorce, if you and your spouse agree about all aspects of your divorce, or help you navigate any disputes that might arise if you and your spouse cannot agree about how to divide property. For uncontested divorces, we can review divorce settlement agreements to make sure that you understand your rights and aren’t giving up separate property without being aware of it. And for contested divorce concerns, we are here to help you resolve your dispute and reach a settlement that is fair and right.
- Dividing shared marital debts. Another concern that can lead to disputes during divorce involves dividing shared marital debts, especially if one partner got into debt without the other partner knowing about it, or if one partner’s debts predominantly were acquired to start a business or to get an education. Dividing shared marital debts can sometimes be challenging because if both spouse’s names are on the debts, then both spouses could be responsible for paying the debt, even if the divorce decree declares otherwise. Without a carefully worded divorce settlement, one spouse might be able to avoid paying shared debts. For example, a divorce attorney can ensure that the payment of debts be in the nature of alimony. Or your divorce attorney can work with your financial planner to help you consolidate debts or restructure debts so that debt is only in the name of the spouse responsible for paying it. A family lawyer in San Diego, California at Smith Family Law can help you divide marital debts and help you distinguish between marital and separate debts. Debts acquired before the marriage and certain debts acquired during the marriage might be considered separate debts for the purpose of divorce.
- Spousal Support. Depending on each spouse’s earning capacity during the marriage, one spouse may owe the other spousal support. Many considerations factor into whether spousal support will be paid, and for how long it will be paid. The length of your marriage, each spouse’s earning capacity, the health and age of both spouses during the divorce, and each spouse’s ability to pay alimony will factor into whether alimony is owed and for how long. Usually, alimony is designed to help a lower-earning spouse gain the necessary skills to become self-sufficient after divorce. It can help a lower-earning spouse maintain a similar standard of living they had during the marriage. Alimony might be owed if one spouse stayed home to raise children, sacrificing career advancement and opportunities. While permanent spousal support is rare, older couples getting divorced after a long marriage might be able to receive permanent spousal support.
- Child Custody and Co-Parenting. If you have minor children, you’ll need to submit a parenting plan as well as a divorce settlement to finalize your divorce. Your parenting plan will include detailed information about where the children will live, who will be the custodial parent, how holidays and special occasions will be shared, and more. How you’ll share time with your children will depend on your children’s needs, your family’s needs, how far apart you live, and other factors. The courts tend to favor arrangements where both parents get the opportunity to nurture a relationship with their children. This doesn’t necessarily mean that parenting time is split 50-50, but merely means that the parenting plan accounts for the children spending time with both parents. A family lawyer in San Diego, California can help you and your spouse craft a parenting plan that works and is in the best interests of your children. A sound parenting plan will include details about how decision-making will be made, how parents will communicate regarding schedule changes, and how disputes about co-parenting will be resolved.
- Child Support. Both parents are required by law to support their minor children. Child support is determined based on how much both parents earn and how much time the children spend with each parent. In most situations, the noncustodial parent will pay child support to the custodial parent. Yet, more parents in California are opting for more even parenting time arrangements. In this situation, one parent may still owe child support, especially if there is a great disparity of income between both parents. This is why parents shouldn’t choose a 50-50 arrangement solely in the interest of avoiding child support, and why child support calculations can sometimes get complicated. The goal is for the children to enjoy a standard of living after the divorce in both households that they enjoyed before their parents were divorced. Because the family will be splitting into two households, it is also expected that the standard of living in both households might decrease slightly as parents split resources. A family law attorney in San Diego, California at Smith Family Law can help you calculate child support amounts and help you plan for your children’s financial needs after divorce.
These are just some of the factors that go into settling a divorce. Divorce isn’t just an emotional decision to end a relationship, but it is also a financial and a legal one—one that can raise significant questions and concerns that can lead to disputes. The family law attorneys in San Diego, California at Smith Family Law are here to help.
To file in San Diego, at least one spouse must have lived in California for the last six months and in San Diego County for the last three months, and no California divorce can be final sooner than six months after the respondent is served (Family Code Sections 2320 and 2339).
A Team Of Family Law Attorneys in San Diego, California You Can Trust
At Smith Family Law, APC, our San Diego family law professionals are dedicated to providing you with empathetic, experienced counsel. Our lawyers understand the value of having a shoulder you can lean on and a voice you can trust to advocate for you in court. Even if you and your spouse want to settle your divorce outside of court, a family lawyer in San Diego, California can help you review your settlement to ensure that no mistakes are made and that you understand your rights. Divorce is never an easy time for families and children. Emotions run high. Disputes can arise. The family lawyers in San Diego, California at Smith Family Law are here to help you navigate all the major questions that divorce can raise.
With our representation comes a team full of experienced family law attorneys who have tackled many different cases. Over the years, we’ve become very experienced with the court system of San Diego, California. You can trust in our experience to guide you through what is likely a time of significant change in your life.
Empathetic And Understanding Of Your Divorce
No marriage begins with the intention of having it end in a divorce, but life changes and people change. We represent clients through every step of the divorce process and assist them with steps afterward, such as support payments and custody arrangements.
While some cases can be resolved before they reach the courtroom, we’re fully prepared to represent you through litigation if necessary. That said, whether it’s in court or out of court, we will be there for you.
Some of the family law issues we help resolve include:
If we’re able to reach a solution without litigation then we can always pursue that option, but we will always look to serve our clients’ desires and needs first and foremost. Contact the San Diego, California family lawyers at Smith Family Law today to learn more. We are here to help.
Do I Need a Family Lawyer in San Diego, California?
With more do-it-yourself divorce methods available online, it can be tempting to think you might want to file for divorce without the help of a lawyer. Yet, the questions that must be addressed in family law when a couple gets divorced might seem easy on the surface but may also involve complex calculations and complex considerations best left to a family lawyer. You and your spouse might agree about most aspects of your divorce, but before you sign the paperwork to finalize an uncontested divorce, you might want to have your divorce settlement reviewed by a family lawyer in San Diego, California. The decisions you make during your divorce are final, and you cannot change a divorce settlement once you finalize it. A family lawyer can review your divorce settlement, help you understand your rights, and catch any mistakes or address any concerns. If you have children, the decisions you make in your child custody plan will impact your children for the remainder of their childhood. It’s important that you get this right. A family lawyer in San Diego, California at Smith Family Law can help. We can help you navigate all legal aspects of your divorce, if you need a more hands-on approach. Or we can sit with you for a few meetings to review your settlement and make sure everything is fair and sound. We can help you navigate the process of filing for divorce, which can vary depending on whether you and your partner are filing for contested divorce, or for an uncontested divorce. Whatever your situation, the San Diego, California family lawyers at Smith Family Law are here for you.
How Do I Find the Best Family Lawyer in San Diego, California?
We get it. If you’re getting divorced in San Diego, California, you want the best on your side. The decisions you make during your divorce will affect your family and finances for years to come. It can be very difficult to change a parenting plan once one has been approved by the court—judges are very reluctant to upend children’s lives and routines. The parenting plan that you create when you get divorced will guide your life and your children’s lives for the remainder of their childhood. It’s important to get things right. And when it comes to financial settlements in divorce, once you finalize your divorce you can’t go back. Any mistakes you make regarding dividing finances during divorce are mistakes you’ll have to live with. It’s important to get your divorce settlement right and to avoid settling just for the sake of settling.
If you’re looking for the best family lawyer in San Diego, California, you’ll want to work with an attorney you trust, an attorney who understands your situation, and who is empathetic to your needs. Family lawyers often pursue specific strategies when it comes to divorce. Some attorneys are adversarial, fighting for their client’s rights, even if it means a long court battle, and other attorneys work more like mediators, looking to negotiate settlements where both parties give a little. The family attorneys in San Diego, California at Smith Family Law base our strategy on your goals and needs. Some clients need a more adversarial approach, especially if a partner has been abusive, coercive, or is hiding assets. Other clients are on friendly terms with their spouse and want to make a good relationship with their former partner a priority, especially if they’ll be co-parenting. The best family lawyer in San Diego, California is the attorney you feel most comfortable with. You’ll need to share personal information including financial information and information about your children with your family lawyer. It’s important to work with a family lawyer you feel you trust and with whom you feel comfortable. The family lawyers in San Diego, California at Smith Family Law are here to help.
Turn To Us For Your Family Law Case
Clients turn to us because we understand what they’re going through. We have attorneys who have gone through a divorce themselves and know the feelings and emotions that come with it. We’re going to work with you throughout the process and show you empathy throughout.
If you’re in need of a divorce or help with other family law problems, then call us now at Smith Family Law, APC, or use our online appointment reservation form. We are here to help.
“The attorneys are sharp, supportive, and decently priced.”
“Helped to get me a very favorable settlement.”
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Why Smith Family Law?
FREE PHONE CONSULTATION.
Your first conversation with our team costs nothing, and you can meet with us from anywhere in San Diego County.
VETERAN-OWNED, SERVING SAN DIEGO SINCE 2017.
Smith Family Law, APC is a veteran-owned firm that has focused on California family law from our downtown San Diego office since 2017
MORE THAN 50 YEARS OF COMBINED EXPERIENCE.
Our attorneys bring more than 50 years of combined family law experience to every case we handle.
A CERTIFIED FAMILY LAW SPECIALIST ON THE TEAM.
Senior Associate Attorney Caroline Plemmons is a Certified Family Law Specialist, certified by the State Bar of California Board of Legal Specialization.
Frequently Asked Questions
A family law attorney files and responds to divorce petitions, values and divides community property, negotiates custody and support, drafts settlement agreements, and represents you in the San Diego Superior Court's family divisions. The right attorney also helps you avoid court entirely when a negotiated or mediated resolution serves you better.
Costs depend on how contested the case is. An uncontested divorce with an agreed settlement costs far less than litigation over custody or property. Smith Family Law offers free phone consultations, so you can understand the likely scope and cost of your case before spending anything.
Even in a fully agreed divorce, a lawyer should review your settlement before you file. Divorce judgments are final, community and separate property lines are easy to get wrong, and a review costs far less than trying to undo a finalized mistake.
No divorce can be finalized sooner than six months after the petition is served, under Family Code Section 2339. Agreed cases often finish close to that minimum. Contested custody or property disputes can take a year or longer, depending on the San Diego court calendar.
Family law matters are heard in the San Diego Superior Court, with family law business handled at the Central Courthouse downtown and at branch locations across the county. Custody and visitation disputes are first sent to Family Court Services for child custody recommending counseling.