David M. Zachry

David Zachry focuses his practice on family law. Mr. Zachry is very experienced in handling all issues that can arise during a divorce proceeding, including, but not limited to, child and spousal support, custody and visitation, reimbursements, restraining orders, property characterization, income attribution and tracing issues. He is particularly knowledgeable in handling domestic breach of fiduciary duty claims, high net worth dissolutions involving complex property issues, and high conflict custody and visitation cases.

Mr. Zachry also provides consultation and advice to his clients concerning pre-marital and post-marital issues such as the negotiation and preparation of prenuptial agreements and postnuptial agreements.

In both 2010 and 2011, Mr. Zachry was recognized as a San Diego Daily Transcript “Young Attorney,” an honor recognizing the San Diego community’s most prominent young lawyers.

Prior to joining Procopio, Mr. Zachry was an associate with Sullivan, Hill, Lewin, Rez & Engel.

Representative Matters

• Represented multiple clients in the negotiation and preparation of prenuptial and postnuptial agreements.
• Obtained $3.25 million in damages and $250,000 in attorneys fees for client based upon her husband's breach of fiduciary duty to their community estate.
• Represented client against a false accusation that he had concealed assets, and obtained a $5,000 sanction against client's former spouse.
• Successfully defended client against a "Feldman" motion where the opposing party requested $400,000 in sanctions for alleged non-disclosures of material facts and information concerning his income and assets; the opposing party was sanctioned $7,500 for filing this motion.
• Successfully prosecuted a "Feldman" motion against a spouse who willfully withheld material facts and information concerning their assets and income from client, and obtained an award of $25,000 in sanctions and attorney's fees on behalf of client.
• Successfully negotiated a quick and cost-effective settlement involving the valuation and division of two businesses for a young entrepreneur.
• Obtained a ruling that fully exonerated a client accused of abusing his children after three hearings, which involved obtaining "live" testimony from client, client's co-workers, client's spouse and two employees from the County of San Diego's Child Welfare department. After cross-examination, the Court expressed its view that client's spouse was not a credible witness, nor was the County employee who filed negative reports about client with the Court.
• Participated in a mediation that resulted in the stipulated resolution of a case involving complex tracing, reimbursement and support issues as well as the valuation and division of two businesses.
• Successfully defended client against his ex-spouse's request for $315,000 in attorneys fees. Client was not ordered to contribute any money to his ex-spouse's attorney's fees and costs.
• Successfully prosecuted an appeal of an adverse trial court order concerning child support and spousal support. Notably, the Court of Appeal concluded that the trial court committed reversible error when it declined to reduce client's ex-spouse's spousal support in response to her unrelenting and unjustifiable alienation of the parties' children from the client.

Mr. Zachry earned a B.A. in Government and International Studies from the University of Notre Dame in 2001. He received his J.D. from the University of San Diego School of Law in 2004 and an M.B.A. from the University of San Diego School of Business Administration in 2006. While in law school, he was a member of the San Diego Law Review and the Business Law Society.

Mr. Zachry is currently a member of the San Diego County Bar Association and the Notre Dame Club of San Diego.