Family Law & Divorce Attorneys in California
Wilkinson & Finkbeiner, LLP7676 Hazard Center Drive
San Diego, California 92108
Contact Mr. Scott Finkbeiner
Law Firm Overview FREE CONSULTATIONWilkinson & Finkbeiner, LLP, is a family law firm providing clients with experienced, professional legal services in a comfortable and friendly law office. Our lawyers guide you through major legal decisions involving your family.
Our mission is to provide high quality, compassionate, professional, and aggressive representation in a cost-effective manner that effectively and successfully accomplishes each of our client’s key objectives.
We are committed to our client’s cause. Our service is second to none, and we have a reputation for achieving results. Our success is evident from our repeat clients and from our referrals from happy clients and other lawyers.
The firm offers a free confidential consultation with one of our partners, as the attorneys are committed to our client's cause.
Year this Office was Established: 2004
Areas of Law
Additional Areas of Law: Post-nuptial Agreements; Division of Marital Property; Domestic Partnerships; Post-divorce Modifications; Annulments; Guardianships; Move-Away Requests; Restraining Orders; Department of Child Support Service (DCSS).
Areas of Law Description
Wilkinson & Finkbeiner provides legal representation and services in the following areas of Family Law:
As knowledgeable San Diego divorce lawyers, we understand the emotional and financial issues that face men and women who are contemplating a change, or being forced into a change, of family dynamics. We are equipped to handle all types of dissolution matters, including the following: Uncontested divorce; Contested divorce; Annulment; Dissolving a domestic partnership; No fault divorce; Legal separation. We understand that a divorce can be difficult, especially if children are involved. Issues related to child custody, visitation, and child support can be psychologically and economically draining, not to mention hard to deal with while you're in an emotional state. We will be your voice of reason; providing you with sound advice. You will appreciate our patience, compassion, and ability to present you with your viable options.
- Child Custody & Visitation
As experienced San Diego child custody attorneys, we can help you with issues revolving around legal custody (sole custody or joint custody). Legal custody allows the parent(s) with legal custody to make decisions for the child (or children), including decisions regarding schooling, extracurricular activities, and medical decisions. We also assist our clients with physical custody and visitation issues, including the primary residence for the child or children, and how weekdays, weekends, holidays, birthdays, summers, and other significant dates will be divided. Physical custody and visitation often affect the amount of child support payments to the custodial parent. Our attorneys and staff will also prepare you for your Family Court Services mediation. Your knowledge of the mediation process is the key to obtaining a favorable recommendation. Our experienced attorneys will provide you with the mindset and skills necessary to make the mediation process less intimidating.
- Child Support and Spousal Support
The amount of money paid for child support and spousal support can be dependent on a number of variables. As experienced lawyers, we understand the California child support guidelines and the factors that go into determining spousal support. As knowledgeable San Diego child support lawyers, we provide clients with understanding and professional legal advice and consultation, as well as aggressive representation in child support matters. Our representation includes both traditional Family Law Court and Family Support Division matters enforced through the Department of Child Support Services (DCSS). If you are going through a divorce, you want to make sure you receive the child support to which you are entitled; likewise, you want to ensure you are only obligated to pay what the law requires. We constantly remind clients that the amount of child support payments are a minimum, and that any parent paying support can always voluntarily contribute more money to support their child.
- Prenuptial and Postnuptial Agreements
Many people don’t realize that prenuptial and postnuptial agreements can be limited in time and scope, and may be used to contract out of general California Community Property Law. Some people who utilize prenuptial agreements are people who want to make sure the marriage will last. You need not be wealthy to utilize this important service. Regardless of the scope of your assets and liabilities, your agreement will reflect your personal needs and goals. Your agreement will set forth each party’s rights and obligations during the marriage, giving each partner peace of mind and a foundation to build a future together.
- Paternity Suits
Paternity suits can arise when there is uncertainty or a disagreement regarding the identity of the child's father. Often, parents will use a paternity action to establish a man's legal obligation to provide child support. In some cases, a man will use a paternity action to establish fatherhood for the purpose of obtaining custody and/or visitation rights. Our highly experienced San Diego paternity attorneys can assist mothers and potential fathers in paternity actions. Whether you are seeking a paternity action to obtain child support or to avoid paying child support for a child you believe may not be yours, or to establish custody and visitation rights, then you want experienced legal representation from a skilled family law attorney. We will discuss your issues and provide you with your options, which may involve negotiating a settlement without taking a paternity test. If you elect to take, or are required to take, a paternity test, we can work to protect your legal rights and interests.
- Property Division
The property division lawyers at Wilkinson & Finkbeiner, LLP, provide personal service, attention, and professional representation to men and women throughout southern California with issues involving the valuation and distribution of marital assets. We also assist clients with post-divorce issues regarding the discovery of undisclosed assets, such as hidden bank accounts, real estate, and collectibles or other personal property (cars, boats, guns, antiques, art, etc.). As skilled San Diego property division lawyers, we understand many of the issues regarding valuation and distribution of marital assets, including marital property.
- Domestic Partnerships
Whether you need a domestic partnership rights lawyer to assist you with registering your partnership, drafting a domestic partnership agreement, or assisting you with a domestic partnership dissolution (or legal separation), we can help. Our partners will listen to you, learn about your issues and goals, and provide you with experienced, professional advice and dedicated legal representation. Because the laws regarding domestic partnerships are fairly new, there is much of the law that is still being developed and interpreted. As experienced domestic partnership legal rights lawyers, we stay on top of the latest developments of domestic partnership law.
- Post-Divorce Court Orders & Modifications
Most post-divorce decree modification requests center around child custody, child support, and spousal support. Our attorneys also have significant experience assisting clients to enforce their judgments and orders. It is often necessary to enforce court orders because the other party is not in compliance, is late or in default of court orders. In these situations, you need a competent, qualified attorney to represent your interests. Our experienced attorneys will not only help you enforce court orders, we will help you collect on your family law judgment. There are many legal tools our attorneys utilize to force compliance with court orders including filing requests for sanctions and contempt, filing and recording liens, garnishing wages, and levying accounts.
- Domestic Violence
The domestic violence attorneys at Wilkinson & Finkbeiner, LLP, provide personal service, attention, and professional representation to men and women throughout southern California seeking court orders or defense for domestic violence restraining order cases. Domestic violence restraining order cases involve situations in which a person commits an act of abuse on a spouse, partner, boyfriend or girlfriend, certain family members, child, or even a pet. Our attorneys have represented clients in many domestic violence cases, including representation of both male and females, and petitioner and respondent litigants.
An annulment of marriage is a proceeding that declares a marriage void. The granting of an annulment makes it as though the marriage never occurred. Accordingly, the effect of a judgment of nullity is to immediately restore the parties to an unmarried status. This may be different from a judgment of divorce, where the marriage simply ends and the parties later return to their single status if the statutory waiting period of six months has not run. Obtaining an annulment is often a unique and complex issue. The attorneys at Wilkinson & Finkbeiner, LLP are skilled in handling annulments and will handle your case with care and professionalism.
Guardianship proceedings are where a person, who is not the natural parent of a child, seeks custody of a child and/or the power to manage the child’s property. Such hearings typically take place in probate court, but sometimes may be heard in the juvenile court. Guardianships are very complicated family law matters. It is best to hire an attorney with the experience and expertise to handle such important issues. The attorneys at Wilkinson & Finkbeiner, LLP have assisted in many successful guardianship cases.
- Move-Away Requests
A Move Away Request is when a parent wishes to relocate outside San Diego County, the State of California, or even the United States and have the child move with them. The parent is essentially asking the Court for permission to move the child or children to another jurisdiction. Most move-away cases are initiated by the filing of a request for an “Order to Show Cause” hearing. They can also be heard at trial at the conclusion of a case. Move away cases typically end up in an evidentiary hearing where each parent and possibly experts testify as to the above-mentioned facts. Additionally, the parties must file specific paperwork and declarations stating why the proposed move is either in or not in the child or children’s best interests.
- Legal separation
The grounds and procedures for a legal separation are generally very similar to that of a dissolution proceeding. However, except in cases of default judgments, both parties must agree to obtain a legal separation. Additionally, unlike a dissolution, there are no residency requirements to obtain a legal separation. Thus, if Husband and Wife have just moved to California and have only been living in California for 3 months, they may file for a legal separation but not a divorce. The parties may then amend the matter to request dissolution of their marriage once they have satisfied the state and county residency requirements.
Scott H. Finkbeiner, APC
Adoption, Business Formation, Child Support and Custody, Child Visitation, Divorce
David K. Wilkinson, APC
Alternative Dispute Resolution, Business Formation, Business Law, Child Support and Custody, Child Visitation
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