About Us
We Want To Help With Your Family Law Case
When going through a family law dispute, emotions can run high. You need a team of attorneys that can guide you through the process and form a legal strategy tailored to your needs. At Smith Family Law, APC, our team is one that you can lean on, and we will be a powerful voice that will advocate for you in the courtroom.
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Our Attorneys
Our Team
The attorneys on our team are experienced, skilled and varied in background. This gives us a strong team that is capable of handling a large variety of cases. We’re strong litigators, but we are fully capable of keeping a case out of the courtroom if necessary. If we do have to go to court, then you can trust in our history of success. We have successfully litigated:
- Contentious divorce
- Custody
- Domestic violence
- Child/spousal support
- High-asset division
- Marital agreement
Our experience working in San Diego County gives our team a unique insight into how certain judges or courts may handle cases, helping us design effective legal strategies for each and every one of our clients.
Experienced, Empathetic Attorneys
For more than a decade, our founder, attorney Stephen V. Smith, has practiced family law, helping clients navigate complex legal disputes such as divorces, child custody and support cases, property division disputes, the drafting of marital agreements, and more.
Stephen is familiar with the California divorce process – he’s been through a divorce himself. The experience of representing his own interests in a contentious divorce and child custody battle led Stephen to take up the practice of family law, inspiring him to help others going through similarly challenging times.
We Offer Discounts For Enlisted Military And Veterans
Stephen Smith is a former member of the United States Navy. After being honorably discharged, he was motivated to provide assistance to both enlisted military and veterans. As such, we offer discounted services to military members and veterans.
Stephen leverages that experience and discipline on behalf of his clients in the courtroom, and his motivations extend to everyone in our firm.
Speak To An Experienced Family Law Attorney Today
Stephen founded Smith Family Law, APC, in 2017 after serving as a senior associate at one of San Diego’s top family law firms for many years. With a continuous focus on remaining at the cutting edge of family law, we’re not only here to stay – we’re just getting started.
To schedule a free 30-minute phone consultation with our team and receive the representation that you deserve for your family law case, call (619) 431-3131.
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Still have questions? Call (619) 431-3131 or complete the form below to schedule a free 30-minute phone consultation.
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Why Smith Family Law?
FREE PHONE CONSULTATION. Your first conversation with our team costs nothing, and you can meet with us from anywhere in San Diego County.
VETERAN-OWNED, SERVING SAN DIEGO SINCE 2017. Smith Family Law, APC is a veteran-owned firm that has focused on California family law from our downtown San Diego office since 2017
MORE THAN 50 YEARS OF COMBINED EXPERIENCE. Our attorneys bring more than 50 years of combined family law experience to every case we handle.
A CERTIFIED FAMILY LAW SPECIALIST ON THE TEAM. Senior Associate Attorney Caroline Plemmons is a Certified Family Law Specialist, certified by the State Bar of California Board of Legal Specialization.
Frequently Asked Questions
A prenuptial agreement is signed before marriage and a postnuptial agreement after marriage; both set rules for property, income, and debts during the marriage. A marital settlement agreement is different: it resolves property division, support, and custody terms when a couple divorces, and it becomes part of the divorce judgment.
Each spouse should have independent counsel. For prenuptial agreements, California Family Code Section 1615 treats independent representation, or a written waiver after being advised to seek counsel, as a condition of voluntary execution. Separate lawyers also make any marital agreement far more likely to survive a later court challenge.
No. Couples use marital agreements to keep student loan and credit card debts separate, protect a business or future business, provide for children from a prior marriage, coordinate estate planning, and simply decide together how money will work in the marriage instead of defaulting to community property rules.
Prenuptial and postnuptial agreements cannot set child custody or child support terms, and cannot include penalties for personal conduct such as infidelity. Spousal support waivers are allowed but will not be enforced if the result is unconscionable at the time of enforcement. Prohibited terms can put the whole agreement at risk.
Yes. Courts can refuse to enforce an agreement signed under pressure, signed without the required seven-day review period, based on incomplete financial disclosure, or so one-sided that it is unconscionable. Careful drafting, full disclosure, separate counsel, and early timing are what keep an agreement enforceable.