Facing a family law issue can be one of the most challenging times in your life. Emotions run high when dealing with divorce, child custody disputes, child support, spousal support, or the need for a restraining order. During these difficult moments, it’s crucial to have a steady and experienced guide on your side. Our San Diego family law attorney team is here to provide assertive, professional, and empathetic representation to protect your rights and help you navigate California’s family law system. We understand what’s at stake for you and your family, and we are dedicated to pursuing the best possible outcome in your case.
Whether you’re considering a divorce or fighting for custody of your children, we advocate fiercely for our clients. With years of local legal experience in San Diego, we know the ins and outs of the family court system, the judges, and the procedures that can influence your case. Our commitment is to stand by you every step of the way offering compassionate counsel when you need support, and tenacious advocacy when your rights need defending. You don’t have to face these family challenges alone.
San Diego Family Law Attorney Experience You Can Trust
If you are dealing with any family law matter in San Diego, you should seek knowledgeable legal representation as early as possible. Our law office brings decades of family law experience to each case. We have protected clients’ rights in all types of family disputes from highly contested divorces to sensitive child custody negotiations and we are ready to put our skill and dedication to work for you.
As local San Diego family law attorneys, we are familiar with the California Family Code and the local court rules specific to San Diego County. We have successfully represented clients in San Diego Superior Court’s Family Division and have built a reputation for strong client advocacy and ethical practice. Our firm proudly serves families throughout San Diego County, including communities like Chula Vista, Oceanside, Escondido, Carlsbad, and El Cajon, in addition to San Diego city itself. This local experience means we understand the nuances of how cases are handled here, giving you a valuable advantage in your legal proceedings.
Contact Michael Cindrich today for a free consultation at (619) 262-2500.
Overview of family law in California
- Divorce In San Diego
- San Diego Child Custody Attorney
- San Diego Spousal Support Lawyer
- San Diego Restraining Order Attorney
Divorce in San Diego
One of the most common family law issues we handle is divorce. If your marriage is coming to an end, our San Diego divorce attorney is prepared to guide you through every legal aspect of the process. Divorce (also known as dissolution of marriage in California) can be complex and emotionally draining, but having a skilled advocate can make a world of difference. We help you understand your rights and options from the very beginning, so you can make informed decisions about your future.
California is a “no-fault” divorce state, which means you don’t have to prove wrongdoing by either spouse to file for divorce irreconcilable differences are enough to dissolve the marriage. However, that doesn’t mean the process is simple. You’ll need to address crucial issues like division of property and debts, spousal support, and if you have children, custody and child support (which we discuss in more detail below). California’s community property laws generally require an equitable division of marital assets and debts, often a 50/50 split. Our divorce lawyer in San Diego will work diligently to ensure that your property division settlement is fair and protects your financial stability. We’ll identify and value community property, negotiate for a just distribution, and litigate if necessary to prevent you from being taken advantage of.
Every divorce is different. Some couples are able to reach an amicable agreement through negotiation or mediation, while others may face a high-conflict court battle. In either situation, we provide steady guidance and assertive representation. Our goal is to minimize the stress on you while safeguarding your interests. If your divorce is uncontested, we can help prepare and file all necessary paperwork, making sure everything is done correctly and efficiently. If your divorce is contested, we are prepared to fight for you in court. We handle all types of divorces, including cases involving substantial assets (high net worth divorce), military divorce issues specific to San Diego’s military community, and complex situations involving businesses or real estate.
Throughout the divorce process, we remain empathetic to the emotional toll it takes on you and your family. We strive to resolve matters in a way that sets the foundation for your new future. When children are involved, we keep their well-being at the forefront, working closely with you on custody and support arrangements. No matter how straightforward or complicated your divorce may be, our firm’s priority is to protect your rights, your assets, and your future.
San Diego Child Custody Attorney
Few things are more important than your relationship with your children. Our San Diego child custody attorney understands how critical it is to secure a custody and visitation arrangement that truly serves your child’s best interests while preserving your parental rights. Disputes over child custody can be stressful and heart-wrenching. We approach these cases with both the tenacity to advocate for your rights as a parent and the sensitivity needed to handle delicate family situations.
In California, child custody is divided into two parts: legal custody (decision-making power about the child’s health, education, and welfare) and physical custody (where the child lives and how much time they spend with each parent). Parents can share joint custody or one parent may have primary custody with the other having visitation rights. The California family court’s guiding principle is the “best interest of the child.” This means the court will look at many factors to determine what arrangement will benefit the child’s happiness, security, and development, including the child’s health and safety, the nature of each parent’s relationship with the child, and any history of abuse or substance issues. Our role is to present a compelling case that aligns with your child’s best interests while also asserting your position as a caring, capable parent.
We assist clients with all facets of custody and visitation: crafting parenting plans, negotiating custody agreements, and representing mothers, fathers, and grandparents in court hearings. If you and your co-parent can reach an agreement outside of court, we’ll help formalize it and ensure it’s comprehensive and enforceable. If an agreement can’t be reached, we are prepared to fight for you in front of a judge. Our San Diego family law lawyer is experienced in handling court-ordered mediation (which is required in California custody disputes) and will help you prepare to make the most of that process. Should your case proceed to a custody hearing, we will gather evidence, possibly work with child psychologists or other experts, and present a strong argument for the custody arrangement you seek.
Importantly, we treat sensitive custody matters with empathy and discretion. Issues like allegations of domestic violence or substance abuse, parental relocation (move-away requests), or disputes over schooling and extracurricular decisions require careful handling. We will guide you through these challenges with a steady hand. Our firm also handles post-judgment modifications of custody and visitation orders when life changes occur for example, if one parent needs to move or if there’s a significant change in circumstances that affects the child’s welfare. In all custody-related matters, our mission is to help you maintain a meaningful relationship with your child and ensure their well-being is protected.
San Diego Child Support Lawyer
Raising a child involves significant financial responsibility, and California law requires both parents to contribute to their child’s support. Our San Diego child support lawyer works to make sure that any child support orders are fair, accurate, and serve the best interests of your child. Whether you expect to pay support or receive it, we will advocate for a calculation that is in line with state guidelines and your family’s specific circumstances.
California uses a statewide formula (guideline) to calculate child support, which takes into account factors such as each parent’s income, the amount of time each parent spends with the child (custody share), tax deductions, and other relevant expenses (like healthcare, daycare, or special needs of the child). While the formula is complex, our experienced team uses advanced software and knowledge of the California Family Code to determine an appropriate support amount. We make sure all income is properly accounted for including salary, bonuses, self-employment income, and other sources so that one parent isn’t hiding income or overstating expenses to skew the calculation. The goal is to ensure that children receive the financial support they need for housing, food, education, healthcare, and extracurricular activities, while also ensuring the amount is one that the paying parent can realistically meet.
Our family law attorney in San Diego can assist with establishing new child support orders as well as modifying existing orders. If you are going through a divorce or custody case, we’ll include child support as part of the overall resolution. If you already have a support order but circumstances have changed perhaps one parent’s income significantly increased or decreased, or the custody arrangement changed we can help you petition the court for a child support modification. It’s important to adjust the order officially; informal agreements between parents are not enforceable if not approved by the court.
Enforcement of child support is another area where we provide guidance. If the other parent is failing to pay court-ordered support, we can advise you on enforcement actions to collect the payments your child is owed. Conversely, if you are a parent who has fallen behind on payments due to hardship, we can work on strategies to address arrears and get you back into compliance, potentially by negotiating a payment plan or reducing payments through modification if justified.
Above all, we approach child support with the understanding that it’s about providing for your children’s well-being. We strive for solutions that uphold your children’s right to financial support without unfairly burdening either parent. Our firm’s detail-oriented approach in calculating and arguing for proper support amounts can make a significant difference in the outcome of your case.
San Diego Spousal Support Lawyer (Alimony)
When a marriage ends, one spouse may be entitled to financial support from the other. This is known as spousal support or alimony. Our San Diego spousal support lawyer helps clients either seek a fair support order or contest an unfair one, depending on their position. We understand that spousal support can be a contentious issue the paying spouse may worry about the cost or duration, while the recipient spouse may be concerned about how they will make ends meet without assistance. We advocate for a result that is just and in line with California law, giving you the financial stability to move forward after divorce.
Spousal support in California comes in two main forms: temporary (pendente lite) support and permanent (post-divorce) support. Temporary support can be ordered while a divorce case is ongoing to help the lower-earning spouse with living expenses. Post-divorce support is determined at the end of the case and can be for a set term or, in the case of long-term marriages, potentially indefinite (until the receiving spouse remarries, either spouse dies, or further court order). The courts do not automatically grant alimony in every case; a judge will consider a list of factors under California Family Code §4320 to decide the amount and duration. These factors include: the length of the marriage, each spouse’s earning capacity and income, the age and health of both parties, the standard of living established during the marriage, contributions one spouse made to the other’s education or career, and more. For example, in a marriage of 10 years or more (often considered “long-term”), the court may not set a definite end date for support and instead retain jurisdiction. In shorter marriages, a common guideline is support lasting roughly half the length of the marriage, though this is not a hard rule.
Our experienced divorce attorney in San Diego will help you understand what to expect with spousal support in your case. If you are likely to receive support, we will fight for an amount and duration that truly meets your needs and reflects your spouse’s ability to pay. If you may be paying support, we will ensure that the court has an accurate picture of your finances and that any order is fair, not punitive. We often work with financial analysts or accountants for complex financial situations, such as cases involving self-employment income, hidden assets, or significant investments, to ensure a fair evaluation of spousal support.
Modification of spousal support can also become necessary if circumstances change after a divorce. If you’re paying alimony and lose your job or retire, or if you’re receiving alimony and become self-sufficient earlier than expected, either scenario might justify a modification or termination of support. We assist clients in petitioning the court for modifications when appropriate, always aiming to align with our client’s best interests and current reality.
We approach spousal support discussions with a balanced perspective and compassionate understanding of both sides. The end of a marriage often means unravelling intertwined finances, which can be daunting. Our goal is to ensure you are not left struggling unfairly or, on the flip side, that you are not compelled to pay more than what is reasonable. By providing clear, strategic counsel on spousal support, we help you emerge from divorce on solid financial footing.
San Diego Restraining Order Attorney
Your safety and the safety of your loved ones is paramount. If you are facing domestic violence, threats, or harassment within your family or household, our San Diego restraining order attorney can take swift action to help protect you. We handle cases involving Domestic Violence Restraining Orders (DVROs) and other protective orders, providing compassionate support to victims of abuse and vigorous advocacy to secure the legal protection you need. On the other side of the coin, if you have been falsely accused of domestic violence by a partner seeking a restraining order, we can defend your rights and work to prevent unwarranted restrictions that could affect your freedom and reputation.
A restraining order (also called a protective order) is a court order designed to prevent further acts of abuse or harassment. In the family law context, a DVRO can order an abuser to stay away from you, cease contact, move out of a shared residence, and even include temporary custody and support orders to protect children involved. The process typically starts with a Temporary Restraining Order (TRO) which can be granted quickly and provides short-term protection until a full court hearing can be held (usually within a few weeks). At that hearing, the judge will decide whether to issue a longer-term restraining order (which in California can last up to five years, and can be renewed if necessary). Our attorneys are well-versed in the requirements and evidence needed to obtain a restraining order. We will help you prepare the necessary paperwork, gather evidence such as threatening messages, emails, photos of injuries, or witness statements, and we will represent you at the hearing to advocate for your safety.
If you need to file a restraining order in San Diego, we understand that time is of the essence. We act quickly and discreetly. Our team will guide you through every step, making sure you understand what’s happening and what comes next. We can also coordinate with law enforcement and accompany you to any related court proceedings, providing support during what can be a frightening time. Our aim is to help you stop the abuse and feel safe again, as soon as possible. We treat all clients facing domestic violence with the utmost empathy and respect, knowing how difficult it can be to take that first step to ask for help.
For those who have been served with a restraining order and believe it’s based on false accusations or misunderstandings, we offer strong legal defense. Unfortunately, in heated divorces or breakups, sometimes one party may exaggerate or fabricate claims to gain an upper hand in custody or divorce proceedings. If you find yourself in this situation, it’s critical to have an attorney represent you violating any restraining order, even unjustified ones, can lead to serious criminal consequences. We will gather evidence, possibly including witnesses or electronic records, to challenge the allegations and present your side of the story to the court. Our goal is to ensure that restraining orders are used as a shield for protection, not a sword for manipulation.
In all cases, issues of domestic violence and safety are taken very seriously by our firm and the courts. We have a deep understanding of California’s domestic violence laws and the resources available for victims, such as local shelters and support services in San Diego. When you work with us on a restraining order matter, you can expect a caring advocate who will prioritize your safety or your rights, and a determined legal strategy aimed at securing the protection or justice you deserve.
Schedule a Consultation with a San Diego Family Law Attorney
Family law issues can be overwhelming, but with the right support, you can find a path forward. Our San Diego family law attorney team is ready to help you take that first step. We pride ourselves on being assertive in defending our clients’ rights, empathetic to their personal struggles, and professional in our approach at all times. When you entrust your case to us, you get a dedicated advocate who truly cares about your outcome and your well-being.
Take control of your family’s future today. If you are facing a divorce, a child custody or support dispute, or any other family law challenge, don’t hesitate to reach out for help. Early legal guidance can often prevent small issues from turning into larger problems. During your initial consultation, we will listen to your story, answer your questions, and give you a clear roadmap of what to expect. We’ll also explain how we can tailor our services to meet your needs whether that’s aggressive courtroom litigation or careful negotiation and mediation.
Your family and your peace of mind are worth protecting. Contact our San Diego family law firm by phone or through our online form to schedule a confidential consultation. Let us put our experience, knowledge, and compassion to work for you. With a strong legal advocate by your side, you can navigate even the most difficult family law matters and move toward a brighter tomorrow. We are here to stand up for you and your family every step of the way.
We accept clients around the greater San Diego Area, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and San Diego proper.
Call The Law Offices of Michael E. Cindrich at (619) 262-2500 to set up your first consultation.