Naimish & Lewis, APC

Naimish & Lewis, APC We also practice in the areas of Estate Planning, Probate and Trust Administration. You can be assured you'll receive professional and competent representation.

Providing legal services in the areas of divorce, custody, child support, spousal support, paternity, guardianship, conservatorship, limited conservatorship, estate planning, probate, trust administration. The attorneys at Naimish & Lewis specialize in Family Law and related Child Custody issues including divorce, out-of-state custody/visitation, child/spousal support, enforcement of orders, and m

ove-aways. We serve clients both in California and out-of-state, for issues arising in San Diego County. There really is no substitute for experience, and at Naimish & Lewis our experienced team of professional attorneys work together to provide you with top quality legal services at competitive rates. Family law, custody and support issues can have long term consequences on you and your family. You are entitled to have your legal issues properly and professionally handled. You will receive honest, straightforward answers to make a fair and informed decision for any situation that may develop in your case. At Naimish & Lewis, we have a friendly, professional problem-solving approach. We work toward settlement of your issues with balanced, aggressive litigation skills to handle each of your unique law needs.

California is a community property state, which means that most assets and debts acquired during a marriage belong equal...
06/05/2026

California is a community property state, which means that most assets and debts acquired during a marriage belong equally to both spouses and must be divided equally in a divorce.

That rule sounds straightforward, but the details rarely are. Identifying everything that falls into the community estate takes time and care. Real estate, investment accounts, vehicles, retirement benefits, business interests, and debts all need to be accounted for. And determining what is community property versus what one spouse brought into the marriage as separate property can involve complicated tracing and documentation.

The good news is that spouses who can reach an agreement on how to divide their assets and debts do not need the court to step in. An experienced family law attorney can help you understand what you are entitled to, negotiate a fair outcome, and ensure the final agreement is properly documented.

If you are facing a divorce and have questions about how your property will be divided, this page is a useful starting point.

California is a community property state. Naimish & Lewis guides San Diego clients through fair division of marital assets and debts in divorce and legal separation.

In California child custody law, not all parents are treated equally, and understanding the difference matters more than...
06/04/2026

In California child custody law, not all parents are treated equally, and understanding the difference matters more than most people realize.

The law recognizes three categories: alleged parents, biological parents, and presumed parents. Only presumed parents are entitled to custody and reunification services. That makes presumed parent status the highest level of legal recognition, and reaching it is not always straightforward.

A person does not need to be married to the other parent or to have lived with them to qualify as a presumed parent. What matters is whether they took on parental responsibilities, consistently spent time with the child, and demonstrated a genuine commitment to the child's wellbeing.

If two people are disputing parental status in California and the matter goes to court, a judge will weigh the specific facts of the relationship. These cases are highly fact-intensive, and the outcome can determine whether a person has any legal right to custody or visitation at all.

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 from having parenting time with a child. This situation may involve a biological mother disputing that a...

If you and your spouse refinanced your home and one of you signed a deed transferring your interest to the other, you ma...
06/03/2026

If you and your spouse refinanced your home and one of you signed a deed transferring your interest to the other, you may have changed the ownership of that property in ways you did not intend.

This comes up regularly in California divorces. A lender requires one spouse to be removed from title temporarily to qualify for a better interest rate. The other spouse signs a deed, the refinance goes through, and neither party thinks much of it at the time. Years later, if the marriage ends, the question of who actually owns what interest in the home can become highly contested.

Under California law, certain deed types, particularly interspousal transfer grant deeds, may constitute a transmutation of property, legally converting what was community property into one spouse's separate property. Whether a quitclaim deed accomplishes the same result is a more fact-intensive question that depends on the specific language of the document and the surrounding circumstances.

If you have signed a deed during your marriage and are now facing divorce, or if you are considering refinancing and want to understand the implications, this article explains what to watch for.

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 required for a more favorable rate, can inadvertently trigger the transmutation of property in California, pote...

If you and your spouse separated before your divorce was finalized, money spent and property used during that in-between...
06/02/2026

If you and your spouse separated before your divorce was finalized, money spent and property used during that in-between period may still be subject to reimbursement claims.

In California, two legal doctrines address this. Epstein credits apply when one spouse uses their own separate property funds to pay community debts after the date of separation, such as continuing to make mortgage payments on the family home. That spouse may be entitled to reimbursement from the other.

Watts charges work in the opposite direction. If one spouse lives exclusively in the family home after separation without paying rent to the other, the spouse who moved out may be entitled to reimbursement for the fair rental value of that use.

Neither type of reimbursement is automatic. Courts consider factors including the intent behind payments, any agreements between the parties, and whether the requesting spouse can document their contributions or the other's exclusive use.

If you are going through a divorce and these kinds of financial contributions or property use issues have come up, this article explains how the law approaches them.

Epstein credits & Watts charges: A guide to CA divorce reimbursements. Learn to protect your assets when community property is used. Consult our San Diego firm.

Most people think of domestic violence as physical assault. Under California law, it is much broader than that.A restrai...
06/01/2026

Most people think of domestic violence as physical assault. Under California law, it is much broader than that.

A restraining order can be obtained for a wide range of conduct, including stalking, harassment, threatening communications sent by phone or electronic message, destroying personal property, and disturbing the peace of another person. An act does not have to succeed in causing injury to qualify as abuse. An intentional or reckless attempt is enough.

This matters because many people experiencing non-physical abuse do not realize they may be entitled to the same legal protections as someone who has been physically harmed. And those who have already experienced physical violence may not know the full scope of additional conduct that can be addressed through a restraining order.

If you or someone you know is in this situation, understanding what the law actually covers is the first step toward getting help.

https://www.naimishlewislaw.com/family-law/domestic-violence-what-is-abuse/

If you are in crisis and need immediate assistance, contact the National Domestic Violence Hotline: 1-800-799-SAFE (7233). Free, confidential, available 24/7.

Schedule a consultation to discuss your options.

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 to pre-pandemic times. Many people are unaware that domestic violence restraining orders can be granted f...

Here is something most people going through a divorce in California do not realize until it becomes a problem.The moment...
05/29/2026

Here is something most people going through a divorce in California do not realize until it becomes a problem.

The moment a Petition for Dissolution of Marriage is filed, Automatic Temporary Restraining Orders, known as ATROs, go into effect. These orders are printed right on the Summons and they bind both spouses immediately.

Among other things, ATROs restrict your ability to make changes to your estate plan, modify beneficiary designations, or transfer assets into a trust. These are exactly the kinds of changes many people want to make when a marriage is ending. Understanding what is and is not permitted under ATROs, and what procedural steps are required before making any changes, is essential to protecting your interests without creating legal complications in the middle of an already difficult process.

If you are in the middle of a divorce and wondering what you can do with your estate plan right now, this article explains the rules clearly.

https://www.naimishlewislaw.com/estate-planning/what-are-atros-and-why-cant-i-fund-my-trust/

Schedule a consultation to discuss your options.

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When a married couple starts a divorce or legal separation in California, the Summons served with the Petition in dissolution of marriage or legal separation contains Automatic Temporary Restraining Orders (referred to as “ATROs”) that are binding on both spouses. The purpose of the ATROS under ...

If you and your spouse set up an AB trust before 2011, it may be worth revisiting whether that structure still makes sen...
05/28/2026

If you and your spouse set up an AB trust before 2011, it may be worth revisiting whether that structure still makes sense for your situation.

AB trusts were widely used as an estate tax planning tool for married couples. The idea was to split the estate into two portions at the first spouse's death, sheltering assets from estate tax. For many families, that structure made a lot of sense under the tax laws in effect at the time.

A lot has changed since then. Federal estate tax exemptions have increased significantly, meaning most families no longer face the estate tax concerns that made AB trusts necessary in the first place. For those families, continuing to use an AB trust can actually create complications, particularly around how assets are taxed when the surviving spouse later passes and children eventually inherit.

That said, the calculus is not the same for everyone. High-net-worth estates, families in states with separate estate taxes, and those with specific asset protection goals may still find value in the structure. And the federal exemptions currently in place are scheduled for changes.

If you have an AB trust that has not been reviewed in a few years, a consultation with an estate planning attorney can help you determine whether it still serves your goals.

https://www.naimishlewislaw.com/trusts/do-i-still-need-an-ab-trust/

Schedule a consultation to discuss your options.

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Due to changes in federal and state laws over the past decade, many of the AB trusts created prior to 2011 may no longer be the most desirable method of estate planning for a married couple. This blog explains why AB trusts are a thing of the past for many families who prefer a simpler revocable tru...

Here is a situation that happens more often than most people realize. Someone drafts a will or trust early in life, gets...
05/27/2026

Here is a situation that happens more often than most people realize. Someone drafts a will or trust early in life, gets married years later, and never updates their estate plan. When they pass away, their spouse discovers they are not named in the documents.

In California, that spouse is not necessarily left out entirely. The law provides specific protections for what are called "omitted heirs" — spouses or children who were unintentionally excluded from an estate plan, typically because the plan was created before the relationship existed.

Under California Probate Code, an omitted spouse may be entitled to a share of the estate even if the will leaves everything to someone else. Similar protections can apply to children born after an estate plan was executed.

These protections exist precisely because life changes and estate plans often do not keep up. The clearest way to protect everyone involved is to review and update your documents whenever your family situation changes.

California estate planning laws provide protections for omitted heirs. Learn how to avoid common pitfalls and keep your estate plan up to date.

If you and your co-parent cannot agree on a custody arrangement, the next step in San Diego is often an appointment with...
05/26/2026

If you and your co-parent cannot agree on a custody arrangement, the next step in San Diego is often an appointment with Family Court Services. Most parents do not know what to expect from that meeting, and that uncertainty can cost them.

The social worker assigned to your case has limited time with you. In that window, they need to see that you understand your child's needs, that you are focused on what is best for them, and that you can function as a co-parent. What they do not need to hear is a list of grievances about the other parent, unless those grievances are supported by evidence and directly affect your child's wellbeing.

One of the most effective things a parent can do in that meeting is acknowledge their own limitations honestly, and explain what they are doing to address them. That kind of self-awareness builds credibility with the social worker. It signals that you are approaching this as a parent, not just as a party in a dispute.

If you have a Family Court Services appointment coming up, this article is worth reading beforehand.

https://www.naimishlewislaw.com/family-law/child-custody-and-visitation-preparing-for-family-court-services/

Schedule a consultation to discuss your options.

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 visitation orders automatically triggers the scheduling of an appointment with Family Court Services (“FCS”...

Most couples think a prenuptial agreement is about planning for divorce. That is not really what it is.When you get marr...
05/25/2026

Most couples think a prenuptial agreement is about planning for divorce. That is not really what it is.

When you get married in California, you automatically enter a legal contract. The state sets the default terms: how property is owned, how debt is shared, what happens to income earned during the marriage, and what financial obligations may exist if the relationship ends. You do not negotiate those terms. They simply apply.

A prenuptial agreement gives you and your future spouse the option to review those defaults and decide together whether they reflect what you actually want. For some couples, the defaults work fine. For others, especially those with a business, significant separate assets, or children from a prior relationship, having a clear agreement in writing makes a real difference.

The conversation itself tends to be valuable. Couples who go through the process often describe it as one of the most grounding financial discussions they have had before the wedding.

https://www.naimishlewislaw.com/family-law/prenuptial-agreements-california/

Schedule a consultation to discuss your options.

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.

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