California divorce and family law is complex. You need an experienced attorney by your side to protect what’s yours. At Neinas Smolina APC, we combine years of exclusive family law practice with personalized attention to guide you through divorce, custody, and related matters with ease and clarity.
California is a no-fault divorce state, meaning that either spouse may seek to dissolve a marriage based on irreconcilable differences or the legal incapacity of the other party to make decisions. While this might appear straightforward, the legal framework governing divorce and other family law matters in California is anything but simple.
The state’s robust and evolving body of statutes, case law, and procedural requirements creates a legal landscape that is both intricate and highly nuanced, requiring skilled and knowledgeable attorneys to protect your rights and achieve equitable outcomes.
Encompassing dissolutions of marriage and domestic partnerships, legal separations, nullity of marriages, same sex marriage, military divorce, paternity, custody and visitation arrangements, spousal and child support, division of property, domestic violence protections between spouses and romantic partners, prenups, postnups, and post-judgment enforcement and modifications.
In San Diego County, family law cases are heard in specialized family courts where additional local rules and regulations apply. The complexity of California family law—from automatic temporary restraining orders to fiduciary duties between spouses—demands experienced legal guidance.
California Divorce Law
While infidelity is not grounds for divorce, other wrongdoing is. If your spouse has committed financial fraud or engaged in abuse, it’s critical to present compelling evidence to the court. We work to uncover the truth, build your case, and ensure your rights and financial future are protected.
California Child Custody Laws
California courts determine child custody based on the child’s best interests, with primary consideration given to the child’s health, safety, and welfare. We handle high-conflict custody disputes, coordinate custody evaluations, and craft well–thought parenting plans. Our firm also has extensive experience with complex interstate and international custody matters, including registration and enforcement of out-of-state orders, move-away cases, child abduction prevention, and disputes governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)—the law that determines which state has authority to make or modify custody orders.
California Spousal Support (Alimony)
California Child Support Guidelines
California Domestic Violence Laws
California offers powerful legal protections for survivors of abuse through Domestic Violence Restraining Orders (DVROs), which can provide immediate relief, including such stay-away orders, exclusive use of a residence, and temporary child custody orders. Domestic violence allegations can significantly affect your time with your children, as courts prioritize the child’s safety. Family Code §3044 creates a presumption against awarding joint legal and physical custody to an abuser. We help victims of domestic violence secure the immediate protection they need. We also vigorously defend clients against false or exaggerated allegations, which can carry serious consequences for parental rights, firearm ownership, and reputation. With a successful track record in both prosecuting and defending DVROs, we bring a balanced, strategic approach to these sensitive cases.
Paternity/Father’s Rights
Prenuptial and Postnuptial Agreements
Modification and Enforcement of Court Orders
Mediation
Same-Day Response Policy
We respond to every call and email the same day. California divorce and family law matters often involve urgent issues, such as restraining orders, custody emergencies, or financial freezes. You need attorneys who can be reached when you need them.
One Attorney, Start to Finish
Bigger firms often shuffle clients between paralegals and associates. With us, the attorney you meet will handle your entire case. This continuity means a deeper understanding of your situation and consistent strategic advocacy.
Certified Specialist Expertise
Scott Neinas holds the Certified Family Law Specialist designation, earned by less than 1% of California attorneys. Less than 1% of licensed attorneys in California hold this designation, which demonstrates strong ethics, a good reputation, and extensive expertise in California family & divorce law.
Strategically Assertive, Not Combative
We protect what matters without igniting unnecessary conflict. Our assertive but level-headed approach minimizes emotional toll and financial costs while pursuing your goals through negotiation and strong litigation as needed.
Here’s the sequence of events you can expect in a divorce case in California.
Starting Your Case Before you can file for divorce in California, you must meet residency requirements: six months in the state and three months in your county. Once you file and serve, California’s Automatic Temporary Restraining Orders (ATROs) immediately kick in, preventing either spouse from moving assets, cutting access to funds, canceling insurance, changing beneficiaries, or relocating children. While these protect both parties, they can also create unexpected restrictions and difficulties. We will handle all initial pleadings while guiding you through what to do and expect during this critical phase.
The Mandatory Waiting Period California enforces a six-month waiting period before your divorce can be finalized, even if you already have an agreement and are ready to move on. This cooling-off period cannot be waived.
Property Division and Financial Disclosures 
Custody and Move-Away Considerations California courts determine custody based on the child’s best interests, with San Diego County requiring mediation before custody hearings. If you’re considering relocating with children, California’s move-away laws create specific legal hurdles depending on existing custody arrangements. We navigate these complex requirements, understanding how local judges typically rule on these sensitive issues.
Resolution: Settlement or Trial Once the disclosures are exchanged and the financial investigation is completed, the parties can negotiate a settlement. We strive to resolve most cases through negotiation or mediation, often saving clients significant time and money. When settlement isn’t possible, we provide assertive and strong trial advocacy in San Diego County courts. Our daily courtroom experience means we know each department’s procedures, judicial preferences, and local rules that can affect your case.
Special circumstances like putative spouse protections (for those who believed in good faith they were legally married) as well as military divorce have additional considerations requiring specific legal knowledge. Whatever your situation, we will guide you through California’s unique legal landscape with expertise gained from 20+ years of family law practice.
She is a person with a strong-willed character and a professional with extensive experience in court, whom you can easily trust, especially in such difficult situations. Each court hearing was in my favor. I am immensely happy and grateful to myself for choosing this strong advocate, and I easily recommend her to anyone who needs to defend themselves and justice. Thank you from the bottom of my heart.
He immediately wrote an amazing letter to the other attorney, who then agreed to the restaining order without a hearing. His expertise showed through his calm and professional demeanor. I could not have done it without his help.
Elena has maintained her professionalism from the moment I met her. She’s also very compassionate about her job. She makes sure her clients are well taken care of. Because of her, I’ve had positive outcomes with my case. I highly recommend her to represent you!
I was stressed beyond belief and couldn’t see the forest from the trees. Scott came to me as a referral from a friend and was a total godsend. He was confident, respectful, and immediately came up with a game plan that we executed to perfection. I honestly could not have been happier with the result. 10/10 would recommend his services.
My divorce was an absolute dumpster fire until I found Elena. Elena actually cares. She listens. She’s passionate about getting justice for you. She treats you like a human being—and fights for you like family. In just four months with Elena, we were able to settle—and settle good. Bottom line: Elena changed the outcome of my life.
California has a mandatory six-month waiting period from service of divorce papers. Complex cases involving custody disputes or significant assets may take 12 to 18 months or longer.
California is a community property state. Assets and debts acquired during marriage are generally divided equally, while separate property remains with the original owner.
California courts consider multiple factors under Family Code §4320, including marriage length, earning capacities, and marital standard of living. Both temporary and long-term support may be available.
Our team is here to help you build the future you and your family deserve.
Schedule your consultation today to ask any pressing questions and get concrete next steps for your case.
“A year from now you may wish you had started today.”
