Practice Areas
Family Law | Private Judging and Mediation
Family Law
The Ruben Law Firm is a firm of 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.
Who We Serve
Our family law clients range from individuals (adults and minor children) to couples to families. We serve clients of all income levels, from low-income families to those with high net worth.
Dispute Resolution Options
We are pleased with our high level of client satisfaction in using effective negotiation skills and techniques in family law disputes either through private or court-ordered settlement process or through the collaborative divorce model. When irreconcilable differences will have an impact on the family, we provide a clear direction for resolution by using effective legal remedies to resolve disputes. Thus, when litigation is the only viable alternative we focus on providing advice and representation in the following areas of the law:
- Child Custody Disputes (both national and international)
One of the hallmarks of the Ruben Law Firm is our significant experience in child custody matters, including interstate child custody disputes and contested child custody trials. We also have had significant experience and success resolving international child custody disputes. We are licensed to practice law in both California and Illinois and act as special counsel in other jurisdictions. - Cohabitation
We pride ourselves in our ability to create 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
We also pride ourselves in our track record of successfully resolving high asset property issues, focusing on both property characterization and distribution matters. The property division issues we 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. We are able to untangle the most complex issues and create a clear roadmap and creative solutions for resolution. - Spousal and Child Support Agreements or Litigation
We have also had significant success in securing significant spousal support awards for marriages of significant duration. We also have a significant experience in negotiating and/or litigating child support agreements that are in the best interest of the children and result in high client satisfaction. - Collaborative Law
We are experienced and known for our ability to create collaborative agreements that respects the relationships of both parties. We are proud of our association with the San Francisco Collaborative Divorce group and an ongoing commitment to resolving legal disputes with respect and dignity in the best interests of preserving family harmony. - Domestic Violence
We have had significant experience creating legal agreements that protect parties against domestic violence. - Premarital and Postnuptial Agreements
We are known for our ability to draft enforceable agreements that are thorough and take into account the interests of all parties. - Family Arbitration and Mediation
We have a strong track record in resolving family law cases through a non-adversarial means. - Family Business Law
We are proud of our strong reputation for capably solving 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.
At the Ruben Law Firm we understand that 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 is 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. Our goal has always been 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.
The Ruben Law Firm is experienced in all aspects of paternity proceedings and provides 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. We pride ourselves in our track record of successfully helping clients get the visitation rights they deserve.
Private Judging and Mediation
Private judging and mediation in family law cases are clear alternatives to the superior court process. Our experience has been that Private Judging provides a smoother, more efficient and more personal process that in many instances results in a more cost-effective resolution.
Private Judging also provides personal judicial access and resources to resolve complex matters. Parties in a family law matter may request, retain or choose Steve as a private Judge to make binding, neutral, fair decisions regarding all or some of the issues in their case. The decision made by private settlement Judges have the same force and effect as that of a superior court Judge.
The parties may also select Steve to conduct a private settlement conference in an effort to avoid costs and the manyuncertainties of a trial. Of course, Private Judging is not for everyone.
In the case of a simple, uncontested divorce, enlisting the assistance of Steve as a private Judge may be a waste of money. In such an example, couples simply fill out the paperwork, turn it into the court and the divorce is granted in practically six months. Assistance in completing the forms required by the superior court may be received at the court's family court self-help center or through the lower-cost retention of an independent paralegal.
Advantages of Private Judging and Mediation
The hearing, settlement conference, or trial before a private judge can be set at the convenience of the parties and their attorneys. Often this proves to be a financial benefit to both parties, especially considering the time it takes attorneys to prepare for superior court appearances only to have them continued to a later date requiring the attorneys to prepare a second time at the parties' expense.
Private Judging can also be utilized for short hearings, discovery matters or emergency orders quickly and informally which saves a tremendous amount of time and money. Many of these matters may be conducted by telephonic appearance with Steve Ruben.
Is Your Case Right for Private Judging or Mediation?
Cases that are best suited for Private Judging and Mediation are those involving:
- Both parties are interested in a cost-efficient resolution
- Parties desire more control over their issue than is allowed in the Supreme
- Court Process to structure and schedule hearings on immediate matters regarding child custody, spousal and child support.
- Parties and their respective attorneys desire the convenience of scheduling their (set) dates for your private Judging or mediation.
- Parties are interested in settlement.
- Parties desire a prompt hearing or settlement conference
Variations and Individual Circumstances
Private judging and mediation can be tailored to fit the specific needs of the parties based on their individual circumstances. For example:
- The ability to schedule settlement conferences before a highly skilled family law attorney, which may save the parties thousands of dollars in attorneys' fees.
- The parties determine how formal or informal the Judging will be.
- The parties determine whether the decisions made by the Private Judge will be binding, which means the decision is final with no right to appeal.
- The convenience of the parties to set the date and time.
- The parties determine what the scope of discovery will be for each party.
Where Do Hearings or Trials Take Place?
Most hearings are scheduled in our office located at 625 Market Street, Penthouse in San Francisco. When it is convenient, we may hold the trial or hearing at one of the representing attorneys' offices. Also, we may utilize offices of another law firm not representing either party or an alternative setting that is mutually acceptable to all parties involved.
How is Private Judging Different From Mediation?
In mediation, the parties work with a neutral and un-biased mediator in a confidential setting in an effort to resolve your issues and differences and finalize a result that is mutually acceptable to both parties involved. In mediation the parties are free to work with the neutral mediator and craft unique solutions to legal problems, whether the Superior Court Judge would allow the ruling or not.
In the alternative, as private judge, Steve Ruben works with both parties to settle your case to the best of my ability. If the parties cannot come to a mutual agreement, Steve will make an informed decision based on the law and the facts of each respective case.
Is the Private Judge's Order Binding?
Yes. Private Judging is not a preliminary finding nor is it an informal opinion which the parties must confirm by returning to court. The private judge's ruling is just as binding and enforceable as a superior court judge's decision. That is why it is imperative that you find the correct private judge to hear your matter. .
The Cost of Private Judging and Mediation
For services as a private Judge, Mediator, or Arbitrator Steve Ruben charges an hourly rate of $425. This hourly cost is divided by the parties, unless otherwise specified or agreed upon. A retainer deposit is needed before the scheduling of dates and times where private judging, mediation, or arbitration matters will be heard.
Why use Stephen B. Ruben for This Process?
Since 1997, Stephen B. Ruben has conducted over 30 settlement conferences and trial hearings for the Superior Court of San Francisco on a wide variety of legal issues including property, support and child custody matters. Steve works hard to find creative legal solutions to family law matters that best serve both parties and their unique situation based on the California Family Code and all applicable Judicial Decisions.
Steve's experience also includes specialty areas of Family Law such as: marital and non-marital dissolution; domestic partnership including dissolution of domestic partnership; co-habitation claims under Marvin v. Marvin; property division with particular emphasis on high asset dissolutions; spousal support with particular emphasis on high wage earners and high Marital standard of living; custody and visitation disputes with particular expertise regarding proposed move-aways in the United States and internationally. Steve also has extensive experience with Pre-marital and Post Marital agreements; and attorneys' fee disputes.