San Francisco Family Law Blog

Child custody matters can often become contentious, which can add undue stress to the already stressful situation that you and your children are experiencing. This is why (when possible), we encourage those who come to see us here at the Ruben Law Firm to attempt to work through such issues amicably with their ex-spouse's. No matter the negative feelings you may feel towards your ex-spouse, the reality is that when you have children together, your association will continue. Ensuring that it is at least respectful will help in dealing with emergency custodial situations when they arise. 

Say that either you or your ex-spouse is in a serious accident, develops a grave illness, or is called out-of-town for an extended period of time. Such happenings will no doubt impact your custody arrangement. The two of you can either be left scrambling to try and find other parties to care for the children in order to ensure that your custody agreement remains intact as is, or you can try to work together to come up with a temporary amended agreement. 

As a California resident, you already likely know that some spouses can receive spousal support when they divorce. But what if you were never legally married and instead have been living with someone without benefit of marriage? Can you receive spousal support if and when your live-in relationship comes to an end? The answer is yes, under certain circumstances, and the reason is because of California’s unique palimony law.

If you have never heard of palimony, you likely are not alone. The case establishing it in California dates back to the 1970s. In 1971 a woman named Michelle Triola sued famed actor Lee Marvin, her longtime live-in partner, for half of his property, as well as “spousal” support, when their relationship ended.

Just a few decades ago, most people in California may have thought that a premarital agreement was only something that celebrities or other people with extensive wealth needed to have. Today, however, more couples who might consider themselves "everyday" people are finding that these contracts can indeed be useful to them.

One of the more recent trends with premarital agreements is the inclusion of clauses that outline what is and what is not acceptable for a spouse to do on social media during and after a divorce. As explained by CNBC, these clauses are sometimes referred to as social media prenups. These clauses have arisen likely out of the fact that some disgruntled husbands or wives have made negative and even slanderous posts about their former partners on social channels. They may even have posted unflattering pictures.

One of the greatest gifts that your children can give you are grandchildren. Your love for them can often be equally as strong as that which they share with their parents. The same may often be said about the relationship you establish with them in San Francisco. Is it fair, then, that your rights to have access to your grandkids change when familial circumstances shift? 

According to California law, the answer to that question is no. You (as a grandparent) have the right to request visitation with your grandchildren if and when their parents divorce. To qualify, however, you must be able to show to the court that you have "engendered a bond" with them. Such a bond is assumed to be present if it is proven that severing your ties with your grandkids could cause them serious emotional harm and distress. When considering this, the court must also determine whether or not your continual presence in your grandchildren's lives might serve to undermine their parents' authority.