Family Law Services in Kearny Mesa, California 

Kearny Mesa Family Law Attorney: Navigating Divorce, Custody, and Support 

Kearny Mesa is more than a bustling commercial hub in the heart of San Diego; it is a community where families live, work, and raise children amid the energy of Convoy Street, the proximity of MCAS Miramar, and the daily rhythm of life near the Kearny Mesa Courthouse at 8950 Clairemont Mesa Boulevard. When relationships end in divorce, custody disputes arise, or the status of financial support becomes unclear, the legal and emotional complexities can feel difficult. Whether you are getting divorced, seeking custody of your child, or trying to establish spousal or child support, there are protections under California family law. Still, it can be extremely challenging to navigate the system on your own. 


At the Law Offices of Michelle Choe, we understand that family law is not just about paperwork and court dates; it is about your future, your children, and your peace of mind. Just as we fight tirelessly to help personal injury victims recover medical costs and lost wages, we bring the same dedication to family law clients, helping you secure fair support, stable custody arrangements, and a fresh start. If you are facing a family law matter in Kearny Mesa, contact us online at michellechoelaw.com for a free consultation. We offer a no-win, no-fee guarantee, which means you can concentrate on healing and rebuilding after your divorce without worrying about the cost of attorney fees. 


Understanding California Family Law and the Kearny Mesa Courthouse 

California is a no-fault divorce state; that means neither spouse needs to present evidence of fault to end their marriage. A divorce in California is granted under Family Code Section 2310 based solely on irreconcilable differences, indicating that the marriage cannot be saved. This expedited process reduces conflict but does not eliminate the need for a deliberate litigation strategy, especially if you are considering children, assets, or support. The Kearny Mesa Courthouse (Central Division) is the location for all unlimited-jurisdiction family law matters in central San Diego, including divorce, legal separation, child custody and visitation, child support, spousal support, and domestic violence restraining orders. Located at 8950 Clairemont Mesa Blvd, this courthouse serves Kearny Mesa, Clairemont, Serra Mesa, Linda Vista, and the surrounding areas. The court handles everything from initial filings to emergency ex parte hearings, mediation sessions, and final trials. 

To file for divorce in California, at least one spouse must have lived in the state for 6 months and in San Diego County for 3 months. Once the petition is filed at Kearny Mesa, the other spouse has 30 days to respond. From there, the case moves through disclosure, discovery, settlement negotiations, and, if necessary, trial. The entire process typically takes 6 to 18 months, depending on the complexity and level of cooperation. 


The Core Issues in Kearny Mesa Family Law Cases 

Family law matters are inherently personal and distinct from other family law matters. However, they typically fall into three primary categories: 


1. Divorce and Property Division 

California is a community property state (Family Code §760), meaning that property and debt acquired during marriage are usually divided 50/50. This includes: 

  • Homes and real estate (even if titled in one name) 
  • Retirement accounts, 401(k)s, and pensions 
  • Vehicles, businesses, and investments 
  • Credit card debt, mortgages, and loans 


At the Law Offices of Michelle Choe, we conduct thorough asset tracing and valuation to ensure nothing is overlooked. We also help clients protect separate property, assets owned before marriage, inherited, or gifted. 


2. Child Custody and Visitation 

The court’s primary concern is the best interest of the child (Family Code §3011). Custody is divided into: 

  • Legal Custody: Who makes major decisions (education, healthcare, religion) 
  • Physical Custody: Where the child lives day-to-day 


When parents divide custody, they can either share joint custody or one parent can have primary custody and the other have visitation. The Kearny Mesa Courthouse encourages the development of parenting plans through mediation before trial. 


3. Child and Spousal Support 

  • Child Support: Calculated using a statewide guideline based on income, custody time, and expenses (Family Code §4055). For example, a parent earning $5,000/month with one child typically pays $800–$1,200/month. 
  • Spousal Support: Determined by factors like marriage length, income disparity, and standard of living (Family Code §4320). Short marriages (<10 years) may receive temporary support; long marriages may qualify for long-term or permanent support. 


Just as we secure lost wages and pain and suffering in injury cases, we fight for full and fair support to maintain stability for you and your children. 


The Emotional and Financial Impact of Family Law Disputes 

Family law cases are not just legal; they are life-altering. The toll includes: 

  • Emotional Distress: Anxiety, depression, and grief are common, and even more so when children are involved. 
  • Financial Strain: Attorney fees, time off work, and moving can amount to a significant cost. 
  • Parent-Child Bond: Fear of losing parenting time with your children is paralyzing. 
  • Future Uncertainty: Will you keep the house? Can you afford rent? Will you see your children enough? 


At the Law Offices of Michelle Choe, we treat every client with the same compassion we show personal injury victims. We acknowledge that you're more than a case number; you're a parent, a provider, a human being rebuilding your life after a heartbreak. 


How the Law Offices of Michelle Choe Supports Kearny Mesa Families 

We will be here at each step to provide clarity, guidance, and support: 

  • Free Case Evaluation: We will listen to your story, review your documents, and explain your options at no cost and with no commitment. 
  • Strategic Planning: We develop a custom roadmap for mediation, negotiation, or aggressive litigation. 
  • Courtroom Advocacy: Michelle Choe appears with you at the Kearny Mesa Courthouse, fighting for your rights in hearings and trials. 
  • Emotional Support Resources: We connect you with therapists, support groups, and co-parenting tools to help you heal. 
  • No Fees Unless We Win: In appropriate cases (e.g., high-asset disputes or support enforcement), we work on a contingency basis; you pay nothing upfront. 


Steps to Take in a Kearny Mesa Family Law Case 

Protect your rights with these critical actions: 

  1. Gather Financial Documents: Collect pay stubs, tax returns, bank statements, retirement accounts, and debt records. 
  2. File at Kearny Mesa Courthouse: Submit your petition or response in person or online via the San Diego Superior Court portal. 
  3. Request Temporary Orders: If urgent (e.g., support, custody, restraining orders), file for ex parte relief within 24–48 hours. 
  4. Attend Mandatory Mediation: Most custody cases require mediation through Family Court Services before trial. 
  5. Avoid Social Media and Conflict: Do not post about your case or argue in front of the children; judges review digital evidence. 
  6. Contact the Law Offices of Michelle Choe: At michellechoelaw.com for your free consultation. 


Special Considerations for Kearny Mesa Families 

  • Military Families: We handle SCRA protections, BAH division, and custody during deployment. 
  • Immigration Overlaps: We coordinate with immigration counsel for VAWA petitions and U-visa family cases. 
  • Domestic Violence: Emergency DVROs can be filed at Kearny Mesa with same-day hearings. 


Contact the Law Offices of Michelle Choe Today 

You do not have to face divorce, custody battles, or support disputes alone. The Kearny Mesa Courthouse may be the venue, but your future is the priority. Our family law attorneys in San Diego are committed to serving Kearny Mesa, Clairemont, Serra Mesa, Linda Vista, and all of San Diego County. Please get in touch with us online at michellechoelaw.com to request your free consultation. The Law Offices of Michelle Choe is your Kearny Mesa advocate, fighting for the custody, the support, and the fresh start you deserve. 

자세히 알아보기

  • Can I get a divorce if my spouse doesn't agree?

    Yes, you can get a divorce in California even if your spouse doesn't agree to it because California is a “no-fault” divorce state. 

  • How can I protect my assets in a divorce?

    California is a community property state. This means that generally, all assets and debts acquired during the marriage are owned equally by both spouses. In a divorce, these are typically divided 50/50. Prenuptial Agreement, a contract created before marriage that outlines how assets will be divided in case of divorce can protect assets you owned before the marriage or inheritances you expect to receive. Also, assets owned before the marriage, gifts, and inheritances received during the marriage are generally considered separate property and are not subject to division.  

  • What is spousal support (alimony), and how is it determined?

    It's intended to help the lower-earning spouse maintain the standard of living they enjoyed during the marriage, especially if they have sacrificed their career or education for the family. The Court considers various factors outlined in Family Code Section 4320, including the standard of living, earning capacity, duration of the marriage, age and health, etc. 

  • What factors are considered in determining child custody and visitation?

    When determining child custody and visitation in California, the court's primary concern is always the best interests of the child. To make this determination, the court considers a variety of factors, as outlined in California Family Code Section 3011, including the Child's Health and Safety, the Child's Relationship with Each Parent, the Ability of Each Parent to Provide Care, Parental Fitness, etc. 

  • How can I modify an existing child custody or child support order?

    Modifying an existing child custody or child support order in California requires demonstrating a significant change in circumstances since the last order was issued. Child Custody: A change in the child's needs, a parent's circumstances (e.g., relocation, change in work schedule), or concerns about the child's safety or well-being may warrant a modification. Child Support: Changes in either parent's income, the child's needs (e.g., increased medical expenses), or the custody arrangement can justify a modification. 

Case Review

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Case Review

Take the next step—request a consultation today.

Contact Us

  • Can I get a divorce if my spouse doesn't agree?

    Yes, you can get a divorce in California even if your spouse doesn't agree to it because California is a “no-fault” divorce state. 

  • How can I protect my assets in a divorce?

    California is a community property state. This means that generally, all assets and debts acquired during the marriage are owned equally by both spouses. In a divorce, these are typically divided 50/50. Prenuptial Agreement, a contract created before marriage that outlines how assets will be divided in case of divorce can protect assets you owned before the marriage or inheritances you expect to receive. Also, assets owned before the marriage, gifts, and inheritances received during the marriage are generally considered separate property and are not subject to division.  

  • What is spousal support (alimony), and how is it determined?

    It's intended to help the lower-earning spouse maintain the standard of living they enjoyed during the marriage, especially if they have sacrificed their career or education for the family. The Court considers various factors outlined in Family Code Section 4320, including the standard of living, earning capacity, duration of the marriage, age and health, etc. 

  • What factors are considered in determining child custody and visitation?

    When determining child custody and visitation in California, the court's primary concern is always the best interests of the child. To make this determination, the court considers a variety of factors, as outlined in California Family Code Section 3011, including the Child's Health and Safety, the Child's Relationship with Each Parent, the Ability of Each Parent to Provide Care, Parental Fitness, etc. 

  • How can I modify an existing child custody or child support order?

    Modifying an existing child custody or child support order in California requires demonstrating a significant change in circumstances since the last order was issued. Child Custody: A change in the child's needs, a parent's circumstances (e.g., relocation, change in work schedule), or concerns about the child's safety or well-being may warrant a modification. Child Support: Changes in either parent's income, the child's needs (e.g., increased medical expenses), or the custody arrangement can justify a modification. 

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Take the next step—request a consultation today.

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