iOS app Android app

Fred Silberberg
GET UPDATES FROM Fred Silberberg
Fred Silberberg is a Beverly Hills attorney who has been specializing in Family Law for more than 25 years. His opinions on family law related matters and societal issues have made him a prominent attorney in the field of family law as well as a frequent commentator.

Fred has written and published extensively on family law topics in the Los Angeles Daily Journal, as well as other publications. He also is regularly quoted or appeared in the media including most recently, Good Morning America, CNN, Fox News, The Los Angeles Times, the Los Angeles Daily News, The Los Angeles Business Journal, USA Today, Entertainment Tonight, E! Entertainment Television, RadarOnline, KTTV News KCBS and KCAL, among others. Fred has represented numerous high profile individuals in family law matters, and most recently won a published decision by the California Court of Appeal for Jason Patric in his parentage case. Fred is also the founder of Future Family Starter, which handles surrogacy and assisted reproductive technology law matters.

Entries by Fred Silberberg

Ceding Parental Authority in a Custody Case

(3) Comments | Posted June 13, 2016 | 9:22 PM

Cindy and John have been divorced for four years. They have three children: aged 10, 8 and 6. Cindy and John could not get along while they were married so they got divorced. Now that they are divorced, they still cannot get along, especially when it comes to making decisions...

Read Post

What Does "No Fault" Divorce Mean?

(0) Comments | Posted May 10, 2016 | 12:01 PM

In 1970, the State of California originated the concept of "no-fault" divorce. The rationale behind the law was that there was no point in forcing people to stay in a marriage when they were not happy in it, and that requiring someone to prove legal grounds to dissolve the marriage...

Read Post

Spousal Support for Men

(3) Comments | Posted January 11, 2016 | 5:36 PM

Think about this concept. A couple separates. Wife makes more than Husband. Her income will enable her to live at a higher standard of living post-divorce than his will. The court should give him spousal support, should it not? Here's another scenario: Wife earns the income for the family; husband...

Read Post

The More the Merrier: How Many Parents Can One Child Have?

(0) Comments | Posted December 8, 2015 | 1:53 AM

When we think of a family we think of a child or children and two parents. Historically, children did not have more than two parents under the law; the law originally contemplated a child have a mother and a father. In more recent times, a child could have two mothers...

Read Post

Undocumented Fertility Users

(1) Comments | Posted November 12, 2015 | 3:29 PM

Cindy and Robert are unmarried but live together. They wanted children for some time but they are unable to conceive. They go to a fertility clinic recommended by a friend and learn that Cindy is not producing enough eggs for fertilization. They are told that if Cindy undergoes an egg...

Read Post

When Enough Is Enough

(2) Comments | Posted October 6, 2015 | 12:42 PM

Is spousal support really supposed to last forever? Does every order that states support is to be paid "until death, remarriage or further order of court" mean that there will never be a reduction or even a termination in support? Case law tells us that the answer to that is...

Read Post

Prenuptial Agreements/Postnuptial Agreements -- Public or Private?

(0) Comments | Posted September 8, 2015 | 2:15 PM

When we buy a house, the deed is recorded with the County Recorder. There is a public record of who the owner of the property is. If someone is injured on the property, it is relatively easy to find out who the responsible party is. If a judgment is obtained...

Read Post

Is That Domestic Violence?

(2) Comments | Posted August 11, 2015 | 2:11 AM

When one thinks of domestic violence, one often think of the "battered wife," the woman who never knows what is going to happen when her husband or partner comes home, the one who lives in fear and yet cannot find a way to get out. And while there are, unfortunately,...

Read Post

Who Has the Right to Be a Parent?

(1) Comments | Posted July 15, 2015 | 1:39 AM

There is no doubt that modern medical advances are used today in ways that were never dreamed possible not that long ago. This is no doubt the case in the area of Assisted Reproductive Technology. Fertility treatments are becoming commonplace and the business of helping people who could not otherwise...

Read Post

Real Alimony Reform

(2) Comments | Posted June 4, 2015 | 12:49 PM

Those who follow me on Huffington Post and elsewhere are aware that I am an advocate for the reform of laws concerning alimony or spousal support. I have written on the topic in the past, most recently last October. At that time, I wrote about efforts underway to...

Read Post

Beware the Loan Application

(5) Comments | Posted April 23, 2015 | 2:59 AM

You refinance your house or purchase a new one. You buy a piece of investment property and you apply for a loan. The mortgage broker sends you an application. You give it a glance and you sign it. The mortgage broker tells you it is "just a formality, the lender...

Read Post

The Prenuptial Agreement Cannot Be a Secret

(0) Comments | Posted March 10, 2015 | 11:31 AM

Times have changed. In the not-too-distant past, prenuptial agreements were not for everyone. The vast majority of people got married without one. The general consensus was that such agreements were only for the 'rich and famous.'

In today's climate, people are seemingly more sophisticated than in the past. People marry...

Read Post

There Are Costs to an Affair

(0) Comments | Posted February 10, 2015 | 9:41 AM

Just last month the Golden Globe Awards gave the Best Television Series Award to the Showtime series, "The Affair." The program depicts two people each independently recalling the emotional effects of an affair that they began when they met during a summer trip. While the focus of the program revolves...

Read Post

The New World of Parentage and Parenting

(0) Comments | Posted December 10, 2014 | 2:46 PM

Every day we see one of the offshoots of the sexual revolution; the freedom to have children outside of marriage without the social stigma which both children and parents of children born out of wedlock were subjected to thirty or more years ago.

Coupled with the freedom to have children...

Read Post

Divorce Doesn't Necessarily Mean Freedom

(4) Comments | Posted October 22, 2014 | 3:05 PM

Robert Emery's op-ed in the New York Times addressing how parents who are separated or divorced lose their rights concerning children only touches upon one area of familial regulation that divorced or separated people face, which they would not have faced if they had remained married. While Professor...

Read Post

Planning Pays Off

(0) Comments | Posted October 21, 2014 | 2:26 PM

Divorces don't usually just pop up unexpectedly. That's not to say that there are not situations where someone is overtaken by emotion and just decides to call it "quits", that does happen. But more often than not, the divorce process is something that starts, at least in the mind of...

Read Post

Alimony Reform Revisited

(5) Comments | Posted October 17, 2014 | 1:49 PM

I have previously written on the need for alimony reform. California law affecting what we call "spousal support" creates a situation where the supported spouse has, in many cases, little if any incentive to work. Moreover, the legal presumption that one who is married for ten years or more is...

Read Post

The Importance of the Standard of Living

(0) Comments | Posted July 15, 2014 | 4:50 PM

We often hear people jokingly refer to the fact that someone in a divorce is supposed to "enjoy the standard of living to which they have become accustomed" after a divorce. Case law in California does support the proposition that what we lawyers refer to as the "Marital Standard of...

Read Post

Conscious Uncoupling

(0) Comments | Posted June 5, 2014 | 5:22 PM

If you've turned on the news this month, odds are you've heard about Gwyneth Paltrow's separation from her husband, Chris Martin. They appear to be going about it quite amicably, and for that we should applaud them. However, Ms. Paltrow has taken it a step further by labeling her divorce...

Read Post

Alimony Reform

(10) Comments | Posted February 11, 2014 | 1:06 PM

Alimony payments are often a central point of contention in any divorce case. While it's easy to see how someone who's recently exited a marriage agreement could benefit from some period of steady support to get them back on their feet, alimony can just as easily turn into a windfall...

Read Post