As managing partner for THE RUBEN LAW FIRM, I use my more than thirty years’ experience to serve my clients, with a strong emphasis on unraveling the complexities of high net worth marriages and family businesses. I have also been certified by the State of California, Board of Legal Specialization as a specialist in Family Law. Certified Family Law Specialists have extensive experience in the areas of California Family Law including divorce, child custody and visitation, property division, domestic partnership agreements, domestic partnership dissolution, child and spousal support, tax consequences, settlement negotiations and trial litigation. Certified Specialists have also passed a rigorous written examination, obtained a wealth of experience in family law, fulfilled ongoing education requirements and been favorably evaluated by peers and judges familiar with their work.

My family law practice includes complex or high asset divorce cases with particular emphasis on family business, professional practices and emerging business interests that were conceived during the marriage.

My practice also addresses long term spouse and child support (obligations for the high wage earner) and the (rights of the non-working spouse); post decree efforts to modify or terminate these support obligations; high-conflict custody disputes, including move-aways (both domestic and international); premarital and cohabitation agreements; domestic partnership disputes; contested pre-marital and post marital agreements; contested trusts, estates and comprehensive estate planning.

My firm is staffed with experienced, capable and dedicated legal professionals, committed to providing exceptional legal counsel by making ourselves accessible, offering a clear and understandable road map to our clients' complex legal issues, and delivering the highest value for dollars spent. My colleagues and I strive to bring warmth into the legal process, maintain an open line of communication and provide service that exceeds expectations.

Whether your case requires litigation, negotiation, collaboration, mediation or a combination of these, I am well-equipped to represent your interests in the areas of:

• Family Law litigation and support including dissolution of marriage, dissolution of domestic partnership, child custody, support and property disputes
• Comprehensive Estate Planning
• Mediation, Arbitration and Private Judging of Family Law Matters
• Private Judging and Mediation

In addition to my experience as a San Francisco Family Law attorney, I am also a Certified Family Law Mediator, having been trained at Pepperdine School of Law, Strauss School of Alternative Dispute Resolution. I conduct mediation on behalf of parties resolving family law disputes outside the Superior Court. My clients have been pleased with my effective negotiation skills and techniques in family law disputes either through private or court-ordered settlement conferences or through the collaborative divorce model. Additionally, I am a mediator for the San Francisco Superior Court as well as being a Judge Pro-Tempore for the family law motion calendar.

“When irreconcilable differences will have an impact on the family or domestic partnership, I provide a clear direction for resolution by using effective legal remedies to resolve disputes. Thus, when litigation appears to be the only viable alternative, I focus on providing advice and representation in the following areas of the law”

Child Custody
One of my firm's strengths is our significant experience in dealing with complex child custody matters, including interstate child custody disputes and contested child custody trials. I also have significant experience and success resolving international child custody disputes.

Cohabitation
I take pride in creating cohabitation agreements that take into the account the interests of both parties and their families, and that are enforceable.

High Asset Property Issues -- Property Characterization and Distribution
I am also proud of my track record of successfully resolving high asset property issues which I accomplish by focusing on both property characterization and distribution matters. The property division issues I help resolve includes residential real property, bank accounts, stocks, vehicles, business interests, and pension benefits, with an additional focus on tracing community and separate property. Using creative solutions to create a clear roadmap, I am able to untangle the most complex of issues and bring resolution.

Spousal and Child Support Agreements or Litigation
I have also had considerable success in securing sizable spousal support awards for marriages of significant duration. I also have extensive experience in negotiating and litigating child support agreements that are in the best interest of the children and result in high client satisfaction.

Collaborative Law
I am well-known for my ability to create collaborative agreements that respect the relationships of both parties. I am proud of my association with the San Francisco Collaborative Divorce group and its ongoing commitment to resolving legal disputes with respect and dignity in the best interests of preserving family harmony.

Domestic Violence
I have had significant experience in securing restraining orders and creating legal agreements to protect my client’s against domestic violence.

Premarital and Post-nuptial Agreements
I am known for my ability to draft enforceable agreements that take into account the most current case law and thoroughly represent the wishes of my client.

Family Arbitration and Mediation
An Excellent listener and tenacious problem-solver, I have a strong track record in resolving family law cases through a non-adversarial means.

Family Business Law
My peers have recognized my ability to capably solve complex business issues that arise in the context of family law disputes.

Marital Settlement Agreements
A marital settlement agreement is the document that terminates marital property interests. The Family Code of California views the marriage as a partnership and contains a "partnership law" pertaining to married couples. A marital settlement agreement represents an integration of the Family Code into the personal and business affairs of the divorcing parties. The document represents the conclusion of the financial affairs of the marital partners.

As such, the agreement must be thorough and tailored to meet the personal goals and needs of each client. Certain formalities must be observed and the language of the agreement must reflect not only the decisions made by the parties, but also the circumstances surrounding those decisions. The agreement must facilitate closure between the parties and be prepared with care to withstand "attack" after it is executed. Of course, when the parties have children, those important and ongoing interactions must be defined and clarified by the terms of the agreement so that any disputes about the children are minimized. My goal is always to draft an effective agreement that is understandable to the parties and that leaves them both feeling protected and that the dissolution of their marriage is complete.

Paternity
Paternity actions are either instituted by one of the parents of a child or through the District Attorney's office under the Uniform Parentage Act. The purpose of these proceedings is to first determine the parentage of the child and then to deal with the important aspects of child custody and child support. Under the Family Code of California, there is a compelling state interest in establishing paternity for all children. Establishing paternity is the first step toward a child support award, which in turn provides children with equal rights and access to the benefits of Social Security, health insurance, survivor benefits, military benefits and inheritance rights.

I am experienced in all aspects of paternity proceedings and provide advocacy when the issue of paternity is being challenged.

Visitation Rights
Often, visitation rights, either by a parent or grandparents, are contested during a divorce process. I am proud of my track record of successfully helping clients get the visitation rights they deserve.

If you or someone you know is involved in a divorce or child custody case and need the assistance of an experienced San Francisco Divorce Lawyer, call Attorney Stephen B. Ruben today at 866-776-4718, or complete the contact form provided on this site to schedule your initial consultation.

Practice Areas and Legal Definitions

Divorce:
A court of law is the only way one can obtain a divorce decree, dissolution, legal separation, nullity or other form of terminating a marriage.  Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc.

Property and Debt Division:
Marital property attained during marriage, regardless of whose name it is under, can be divided.  Marital property can include real estate (including a home bought in contemplation of marriage), pension plans, vehicles, bank accounts, income tax refunds and/or household furnishings.  However, property that is inherited by one spouse is not considered marital property, i.e. a family business or estate.  If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the community property even though the divorce decree assigns the debt to your ex-spouse.  Depending on the terms of your divorce decree, you may be able to have certain support obligations under the divorce decree determined to be non-dischargeable by the bankruptcy court or in state court.

Prenuptial Agreements:
A prenuptial, or premarital agreement (often referred to as a "pre-nup") is a written contract created by two individuals who plan to be married.  This agreement lists all individually owned property, such as homes and businesses, family assets, stocks and bonds, savings accounts as well as debts, and specifies what will and will not remain individually owned property after the legalization of marriage.  Prenuptial agreements also specify whether spousal support will be paid in the event of a divorce, and the intentions regarding distribution of individually owned property upon death.

A factor that cannot be stipulated in a prenuptial agreement is child support.  A couple cannot lawfully agree in a prenuptial agreement that either part will in no way be responsible for child support.  Also, a few states do not allow prenuptial agreements to modify or eliminate the right of a spouse to receive court-ordered alimony at divorce, although a prenuptial agreement can facilitate in the degree of compensation.

Child Custody:
Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare.  Custody usually refers to a combination of physical custody and legal custody.  Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children.  If you are awarded the children as a primary custodial parent, it has far reaching consequences both to you and to their well-being and development.

Child Support:
Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child's living expenses, i.e. food, clothes, etc., and any other related debts.  When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself.  When parents are awarded joint custody in a divorce, however, the support obligation is shared and is based on a ratio of each parent's income and the amount of time the child spends with each parent.

The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent.  Each state has guidelines that factor the amount of child support, such as the amount of time spent with the child, the income of both parents and the standard of living the child is accustomed to.  The court may allow deductions for items such as catastrophic medical expenses and travel expenses for visitation.

Jurisdictional Issues:
When faced with a relocating custodial parent, the court will general require that parent to give the other parent a minimum amount of notice prior to the anticipated move.  This notice gives the non-custodial parent an opportunity to go to court and seek orders restraining the relocation of the child.

These so-called move away cases have gone back and forth on allowing and disallowing a move by the custodial parent with the minor children for over 20 years.  While the best interests of the child have always been central to the decision, the uncertainty has made this area murky.  Prior to the Uniform Child Custody Jurisdiction and Enforcement Act, when parents sought an advantage in a custody tug-of-war, they would move to a "friendly" jurisdiction (that is, a region with a history of rulings favorable to their position). However, after the UCCJA was adopted by all 50 states, family law courts were forced to defer jurisdiction to the home state, and this custody battle tactic lost favor.

Spousal Support (Alimony):
Alimony is temporary or permanent financial support paid from one separated spouse to the other, either in one lump sum or in installments.  Alimony is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support.  Alimony differs from child support because it is at the discretion of the judge.  Child support is usually determined by state-sanctioned guidelines.

There are several factors a judge considers when deciding whether to grant alimony. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; the kind of property involved, and the conduct of the parties. In general, about the only time a judge will award alimony in most states is where one spouse has been economically dependent on the other spouse for most of a lengthy marriage.

Adoption:
Adoption is the legal process by which a person becomes a lawful member of a family different from their birth family.  Once a final order of adoption has been ruled by a court of law, the adoptive parents gain the same rights and responsibilities as parents whose children are born to them; subsequently, an adopted child gains the same rights as birth children in regard to inheritance, child support and other legal matters.  In most U.S. jurisdictions, at the time the adoption is finalized, the adopted child's name is legally changed and the court orders the issuance of a new, amended birth certificate.

Divorce Mediation:
The basic attitude marking divorce mediation is a focus on solving problems, not fighting the fight. Family mediation is a voluntary process which gives a divorcing or separating couple the opportunity to make their own arrangements for their financial and personal future, while protecting themselves and their children from distress and the needless expense of litigation.  The strength of a mediated agreement is that it is built by both parties together in an open process that requires all participants to recognize and make accommodation for the needs of the other participants, often without having to compromise one’s own.

While no two situations are alike, the emphasis in a mediated approach is to achieve a satisfactory settlement in an efficient, cooperative manner.  This might include "four-way" settlement conferences where the parties meet along with their divorce mediation lawyers to work on a settlement.  The philosophy of Divorce Mediation is that as much effort should be exerted toward settlement as is traditionally spent in preparation for and conducting a trial.

Paternity:
Paternity covers all the matters related to proving the parentage of a child or children. For married couples, paternity of a child is assumed to be the spouse, unless there is a court order or judgment stating otherwise. For unwed parents, paternity can be established by signing an Affidavit of Parentage or by filing a paternity action with the court.

Legally establishing paternity or determining that someone is not the parent of child can have a significant impact on divorce settlements, property division, child custody, child support and the ability to move out of state.  Determinations of paternity can also have a significant impact on interstate conflict between unwed parents.

If you or someone you know is involved in a divorce or child custody case and need the assistance of an experienced San Francisco Divorce Lawyer, call Attorney Stephen B. Ruben today at 866-776-4718, or complete the contact form provided on this site to schedule your initial consultation.

If you or someone you know is involved in a divorce or child custody case and need the assistance of an experienced San Francisco Divorce Lawyer, call Attorney Stephen B. Ruben today at 866-776-4718, or complete the contact form provided on this site to schedule your initial consultation.

ADDRESS OF THE FIRM:
The Ruben Law Firm, P.C.
625 Market Street, Penthouse
San Francisco, CA 94105
Telephone: 866-776-4718
Fax: 415-391-0140

MEMBERS OF THE FIRM:

Stephen B. Ruben
Stephen Ruben has been practicing law for nearly thirty years, with twenty-four years of experience in a wide variety of family law cases. He brings a wealth of legal experience, commitment to the betterment of the community, and active involvement in the advancement of the legal profession through membership and leadership in bar associations. He has achieved a reputation as a creative attorney who is sensitive enough to care yet tough enough to be an exceptionally able advocate.

EDUCATION:
Mr. Ruben earned a B.A. with honors in history and political science from Bethany College in 1970 and in 1973 earned his law degree from Illinois Institute of Technology-Kent College of Law.

EXPERIENCE:
After being admitted to the Illinois Bar in 1973, he spent three years prosecuting civil and criminal cases for the city of Chicago, Cook County in Illinois. After leaving the City Attorney's office, Mr. Ruben joined the prestigious law firm of Jann and Carroll, Ltd. By 1977 he opened his own law practice, handling a wide variety of real estate, family law, probate litigation, business and intellectual property cases.

While engaged in private practice in Illinois, Attorney General Neil Hartigan appointed Mr. Ruben as a Special Assistant Attorney General. For eight years Mr. Ruben handled a variety of complex and challenging civil litigation matters on behalf of the state of Illinois in both state court and state agencies. As an adjunct to his strength in probate and estate matters, Mr. Ruben served as Special Administrator to the Presiding Judge of the Probate Division of Cook County Courts, conducting investigations of wrongdoing by personnel representatives and attorneys in the administration of decedent and guardianship estates.

In 1992, after relocating to California and passing the California Bar, Mr. Ruben reopened his own law practice. Drawing upon his extensive experience in Illinois, Mr. Ruben has specialized in family law matters, while also capably handling matters in the areas of corporate and intellectual property law. He has been certified as a mediator at the Institute for Dispute Resolution at the Pepperdine University School of Law and serves as an arbitrator for the Bar Association of San Francisco resolving attorney client fee disputes for family law matters. Mr. Ruben has been appointed and serves as Judge Protem and Settlement Judge in the Family Law Division of the San Francisco Superior Court. In 2006 he was again named as a "Super Lawyer," as one of the top Northern California Family Law Attorneys.

PRACTICE AREAS:
Family Law, Premarital and Postnuptial Agreements, Family Business Law, Marital Property Settlement, Domestic Violence, Spousal Support, Child Support, Child Custody Disputes, Mediation, Probate Litigation including guardianships, contested estate, estate administration, Cohabitation Agreements, Estate Planning, Wills, Living Trusts, Business Law, Business Litigation, Business Formation, Partnership Law, Closely Held businesses Law, Mergers and Acquisitions, Intellectual Property, Technology Licensing, International Licensing, Trademarks, Copyright Law

ARTICLES:
Mr. Ruben has authored several articles in the family law field. These include "I now pronounce you separated" appearing the State Bar of California, Family Law Journal in 1994 and in 1998 in "the Bankruptcy Aspects of Dissolution under California Law," published by The National Legal Institute. His article, "Collaborative Divorce: A New Paradigm," is to be published in the winter of 2002 in the California State Bar Litigation Journal.

BAR ADMISSIONS:
Mr. Ruben is admitted to practice in all the Bars in the State of California and Illinois, the U.S. District Court, Northern District of Illinois, including the Trial Bar, and U.S. District Court, Northern and Central Districts of California and the United States Supreme Court.

COMMUNITY SERVICE:
Mr. Ruben has dedicated time to a wide range of community efforts, both in Illinois and California. His activities have included:

• Past President and Board Member, Lawyer's Club of San Francisco 1992 to present
• Executive Committee, Conference of Delegates, State Bar of California, State bar legislative initiatives or family law and civil litigation matters.
• Judge pro-tem, unified family court of San Francisco, Law and Motion, Domestic Violence and Settlement Calendar.
• Community Boards-mediator for neighborhood disputes, 2000 legal advisor, Jewish children and family advisor.
• Arbitrator-Bar Association of San Francisco and SF Superior Court, Family Law Dispute Resolutions.
• Aid Foundation
• Board Member, Boy's and Girl's Club of San Francisco
• Music In Schools Today, past Board Member

INTERESTS:
Mr. Ruben an accomplished pianist and singer. Mr. Ruben enjoys music, performing, golfing, racquetball and hiking.

MEMBERSHIPS:

• Bar Association of San Francisco
• American Bar Association - Family Law Section
• State Bar of California
• Lawyer’s Club of San Francisco: Board of Directors and State Bar Delegate Chair
• Family Law Section, State Bar of California
• San Francisco Collaborative Family Law Group
• Du Page County (Illinois) Bar Association - 1979 to present