Kirby Burnside, Attorney at Law

Taking the time to thoroughly understand every aspect of the client’s case, strategizing with the client and working tirelessly for the best outcome, results in success.
— Kirby Burnside

Kirby Burnside has successfully tried and prevailed in multiple litigated cases over her 34 years of practicing exclusively as a family law attorney in Santa Clara and San Mateo counties. She works in the areas of complex property litigation and support matters and has tried countless custody cases, including what is considered to be one of the more difficult areas of custody, "the move-away case."  Although Kirby is an experienced family law litigator, she works hard to first settle the case favorably for her client.  Her sharp skill, passion, and tireless dedication to each individual case are advantages from which clients have benefitted for close to 35 years.

Representative Cases

  • Obtained out-of-court settlement of a complex, high-value asset case with award of company to client.
  • Successfully litigated case with property and support issues that dated back 30 years with no final Judgment having been entered, defeating reconciliation claims of other spouse for 100% property award to client.
  • Successfully litigated move-away case for father of infant, preventing mother from moving and securing order for gradual increase of custody to a 50/50 timeshare for father over a 2-year period.
  • Obtained return of children in international abduction case and secured primary custody for father. With help of foreign counsel, defeated mother’s 498a abuse case in India.
  • Defeated a $1 million Breach of Fiduciary duty claim at trial, reducing award to under $85,000.
  • Secured set-aside and recalculation of child and spousal support on a 4-year- old Final Judgment after proving fraud by Husband at trial, who had forged trial documents and gave false testimony.


  • Superior Courts of California
  • Courts of Appeal of California
  • California Supreme Court
  • Northern District Court of California


  • University of San Francisco Law School, J.D., 1980
  • University of Santa Barbara, B.A. History, 1977