Naimish & Lewis, APC

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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 move-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.

Refinancing a home during marriage often requires one spouse to sign a deed transferring their interest to the other, us...
10/09/2026

Refinancing a home during marriage often requires one spouse to sign a deed transferring their interest to the other, usually to qualify for a better interest rate. This routine paperwork can have a serious unintended consequence: it can permanently convert community property into one spouse's separate property.

The type of deed matters. An Interspousal Transfer Grant Deed is generally treated as a clear, written declaration of intent to change the property's character, which can be very difficult to undo later. Quitclaim deeds, more common in refinance situations, are murkier and depend heavily on the specific facts and language involved.

If you're refinancing with your spouse, it's worth getting legal advice before signing anything, and documenting your actual intent in writing alongside the deed.

Naimish & Lewis advises San Diego homeowners on protecting community property during refinancing. Schedule a consultation to discuss your situation.

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...

When a California divorce or custody case is filed, Automatic Temporary Restraining Orders, or ATROS, take effect immedi...
10/08/2026

When a California divorce or custody case is filed, Automatic Temporary Restraining Orders, or ATROS, take effect immediately and restrict a parent from moving a child out of state without the other parent's agreement or a court order. These orders stay in effect until a final judgment, which makes relocation timing a frequent source of frustration for parents.

There's an important wrinkle. ATROS only apply once a case has actually been filed and served. A parent who relocates before filing, or before being served, hasn't technically violated the restraining order. Within California, moving to a different county isn't restricted by ATROS either, though an existing custody order may require notice before doing so.

If relocation is part of your situation, timing and documentation matter a great deal.

Naimish & Lewis advises San Diego parents on custody matters involving ATROS and relocation. Schedule a consultation to discuss your situation.

When, if, and where you and your child(ren) are allowed to move can be a common frustration of many parents, or possibly a relief to many during the divorce process.

If you married or had a child after writing your will or trust and never updated it, California law has a backstop. Unde...
10/07/2026

If you married or had a child after writing your will or trust and never updated it, California law has a backstop. Under the omitted heir rules, a spouse or child left out because the estate plan simply wasn't updated can still be entitled to a share of the estate, even though they're not named.

An omitted spouse can generally claim half the community property, half the quasi-community property, and potentially a share of separate property. An omitted child can be entitled to a share equal to what they would have received if there were no will at all.

These protections exist for people who were accidentally left out, not intentionally disinherited. If your estate plan was written years ago and your family has changed since, it's worth having it reviewed.

Naimish & Lewis advises San Diego families on keeping estate plans current. Schedule a consultation to discuss your situation.

A child or spouse left out of a California will may still have inheritance rights. See when an omitted heir claim applies.

Clients going through a California divorce often confuse the Preliminary and Final Declarations of Disclosure, but the t...
10/06/2026

Clients going through a California divorce often confuse the Preliminary and Final Declarations of Disclosure, but the two serve different purposes and follow different rules. The Preliminary Declaration establishes a baseline snapshot of both spouses' finances and is due within 60 days of filing. It cannot be waived by agreement, no matter what.

The Final Declaration comes later, closer to settlement or trial, and requires updated, more detailed information, especially around valuations. Unlike the preliminary version, the final one can be waived by mutual written agreement if certain conditions are met.

The stakes for getting this right are high. Noncompliance can lead to monetary sanctions, evidentiary limits, or in serious cases, a court setting aside the entire divorce judgment years later.

Naimish & Lewis guides San Diego clients through both stages of financial disclosure. Schedule a consultation to discuss your situation.

Compare California preliminary and final divorce disclosures, including required forms, waiver rules, and steps to avoid costly disclosure mistakes.

When one parent believes the other is intentionally earning less to reduce a child support payment, California courts do...
10/05/2026

When one parent believes the other is intentionally earning less to reduce a child support payment, California courts don't just look at reported income. They can look at earning capacity instead, which factors in education, training, work experience, job skills, and available job opportunities.

If a parent is capable of working full time but chooses not to, or is capable of earning more than their current minimum wage job but stays there anyway, a court can impute income based on what that parent is actually capable of earning. The same applies to unearned income like rental properties, investments, or trust distributions.

This matters for both sides. A parent paying support can't avoid their obligation simply by working less, and a parent receiving support should understand what the court can and cannot consider.

Naimish & Lewis advises San Diego parents on child support calculations, including earning capacity disputes. Schedule a consultation to discuss your situation.

Child support in California is determined based on each parent’s circumstances and financial standing. When calculating child support, the court requires both parents to disclose their annual gross income. However, in cases where one parent claims that the other is intentionally earning less or ha...

California does not recognize common-law marriage, which means unmarried couples living together don't automatically gai...
10/02/2026

California does not recognize common-law marriage, which means unmarried couples living together don't automatically gain the same legal rights as married spouses, no matter how long they've been together. Property generally belongs to whoever is on the title, and simply living together doesn't create a claim to your partner's assets.

That doesn't mean unmarried couples have no legal options. Courts recognize agreements between cohabiting partners, whether written or implied through the couple's conduct, and disputes are handled in civil court rather than family court. Keeping clear records of financial contributions and considering a written cohabitation agreement can make a real difference if the relationship ends.

If you're living with a partner and want clarity about property and financial expectations, it's worth putting something in writing before questions arise.

Naimish & Lewis advises San Diego clients on cohabitation agreements and related matters. Schedule a consultation to discuss your situation.

Are You Living Together? Understanding Your Legal Rights in California In California, unmarried couples living together face a unique legal landscape that differs significantly from married couples. While the state does not recognize common-law marriage, there are important legal considerations for....

A question that comes up constantly: how long does a divorce actually take in California? There's a common misconception...
10/01/2026

A question that comes up constantly: how long does a divorce actually take in California? There's a common misconception that a marriage ends automatically six months after filing. In reality, six months from the date of service is simply the earliest the court can terminate marital status, not a guarantee.

The actual timeline depends heavily on whether both spouses reach agreement. A case where the other spouse doesn't respond and there's a written agreement moves very differently than a fully contested case that heads toward trial. Financial disclosures, temporary orders, and mediation can all extend the process depending on the specifics.

Every divorce follows its own path, but understanding the general framework, filing, response, disclosure, and resolution, helps set realistic expectations from the start.

Naimish & Lewis guides San Diego clients through each stage of the divorce process. Schedule a consultation to discuss your situation.

Divorce begins the same way: spouse files the initial divorce forms with the court. How a particular divorce ends is not always known at the outset of a case.

Conservatorship in California allows a court to appoint someone to care for and make decisions on behalf of an adult who...
09/30/2026

Conservatorship in California allows a court to appoint someone to care for and make decisions on behalf of an adult who is incapacitated or unable to manage their own affairs. There are two main types: general conservatorship, used for adults dealing with advanced age, dementia, or injury, and limited conservatorship, designed for adults with developmental disabilities to preserve as much independence as possible.

The process starts with filing a petition, and costs can add up quickly. Between filing fees, investigation reports, and attorney fees, an uncontested case often runs several thousand dollars, and a contested one can run significantly higher.

Before pursuing conservatorship, it's worth considering alternatives like a durable power of attorney, a health care directive, or a properly funded trust, all of which can avoid the need for court involvement in the first place.
Naimish & Lewis advises San Diego families on conservatorship and its alternatives. Schedule a consultation to discuss your options.

Considering conservatorship for an adult in California? This guide covers the filing process, court requirements, costs, and your duties as a conservator.

If you plan to leave real estate to your children, it's worth understanding how California property tax rules have chang...
09/29/2026

If you plan to leave real estate to your children, it's worth understanding how California property tax rules have changed. Under Proposition 19, the parent-to-child exclusion from reassessment is now limited to a primary residence, and only if the child also moves in and makes it their own primary residence within one year.

The exclusion is also capped. If a home's value at inheritance exceeds the parent's original tax basis by more than one million dollars, the excess gets reassessed, and property taxes go up accordingly. Property that isn't a primary residence, such as a rental or vacation home, will be reassessed at current market value regardless.

For families who have owned property for decades, this can mean a meaningfully higher tax bill for the next generation, and it's worth factoring into your planning.

Naimish & Lewis advises San Diego families on how these rules affect estate plans. Schedule a consultation to discuss your situation.

San Diego estate planning attorneys creating trusts, wills, and powers of attorney to protect your family's future. Compassionate, experienced guidance.

People often assume a prenup is only for celebrities or those with significant wealth already built up. In practice, mar...
09/28/2026

People often assume a prenup is only for celebrities or those with significant wealth already built up. In practice, marital agreements come up in much more ordinary situations, like clarifying existing debts, protecting a small business, or coordinating with an existing estate plan.

Timing matters more than people expect. A prenup is signed before marriage, when both parties are legally independent and negotiating a contract. A postnup is signed after marriage, when spouses already owe each other fiduciary duties. Courts scrutinize postnups more carefully as a result, which generally makes prenups easier to defend if they are ever challenged.

Neither type of agreement can decide child custody or child support. Those issues are always determined based on the child's best interests at the time.

Naimish & Lewis advises San Diego couples on both prenuptial and postnuptial agreements. Schedule a consultation to discuss your options.

Prenup vs. postnup in California. Understand timing, legal requirements, enforceability, and how marital agreements affect property, debt, and spousal support.

Address

3065 Rosecrans Place, Ste 100
San Diego, CA
92110

Opening Hours

Monday 8:30am - 5pm
Tuesday 8:30am - 5pm
Wednesday 8:30am - 5pm
Thursday 8:30am - 5pm
Friday 8:30am - 5pm

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