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Parenting your children through divorce

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The bottom line is, kids feel healthiest when their parents get along and divorce does not make things easier. There are several things you can do as parents to help manage parenting through your divorce.

Breaking the News

Depending on age, discuss the process openly in your family.  If possible, include both parents in the discussion.  Emphasize that while the family is changing, it is not ending.  Divorce means that a marriage is over, it does not mean that a parent’s relationship to his or her child is over.  Your children should feel secure that both their parents love them and neither parent will leave their lives.  Make sure they understand that the divorce is not their fault, that there is nothing that they can or should do to change things.  Remember to answer their questions with as much care and honesty as possible.  They will probably have quite a few questions, and answering them, repeatedly if necessary, will help them regain the sense of security that they’ve lost.   [Read more...]

Filed Under: Articles, Divorce

Massachusetts Alimony Law and how it could affect You

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The Massachusetts Alimony Reform Act was signed into law in 2011 and became effective a little over a year ago. This law brought about sweeping new changes in the way alimony is awarded in the state, and many orders issued prior to its enactment could be modified as a result.

One of the biggest changes brought about by this act was the length of time a spouse may receive alimony. In the past, alimony was sometimes awarded for an indefinite period even when marriages lasted less than 20 years. The current law requires couples to have been legally married for at least 20 years before alimony will be awarded indefinitely. Those who were married less than that amount of time may receive spousal support for a period of time ranging from 50% to 80% of the number of months married depending on the length of the union.

Alimony may be suspended under certain conditions including if the recipient later remarries. If he or she cohabitates with another for a period of time that exceeds three months, a judge may also order alimony be suspended. In most instances, payments will automatically cease when the spouse who is ordered to pay reaches full retirement age. [Read more...]

Filed Under: Articles

Options Available When Getting Divorced

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Last night The Divorce Center and the Massachusetts Collaborative Law Council presented a joint program, entitled, Options Available When Getting Divorced, at the Watertown Public Library in Watertown, Massachusetts. Attorneys David Rubin, Miriam Kosowsky, Linda Sternberg, and Linda Cohan, a collaboratively-trained coach, explained the options that are available to individuals when they are getting divorced.

Attorney Rubin, a trial lawyer in Framingham, said that the best approach depends upon the facts of each case. In situations where there is physical or emotional abuse, litigation is probably the best course of action. The filing of a 209A restraining order, for instance, may result in the issuance of a Stay Away Order to the spouse who is abusing the other spouse or children and an Order to Vacate the Marital Home. The purpose of this is to protect the victim from irreparable harm if the abuse is not addressed immediately. Once the situation at home is stabilized, the parties can come to court again to obtain Temporary Orders to address other issues, such as Child Support, Parenting Plans, Health Insurance and other matters. [Read more...]

Filed Under: Announcements, Divorce, General Posts

Getting Divorced: You Have Options!

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Join The Divorce Center and Massachusetts Collaborative Law Council for this Free presentation “Getting Divorced: You Have Options!”

Wednesday, December 5, 2012 from 7:00 PM to 8:45 PM (EST)

Watertown Free Public Library
123 Main St
Watertown, MA 02472

Are you or a family member or friend thinking about getting divorced?  Are you a professional who comes in…

Register here: Event is free

Filed Under: Announcements, General Posts

The Divorce Center and Massachusetts Collaborative Law Council Present a Joint Program on the Options Available When Getting Divorced

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Mediators, Divorce Attorneys and a Collaborative Coach Will Discuss the Options of Divorcing Through Either the Courts, Mediation or Collaborative Divorce

Newton, Mass. – November 13, 2012 – The Divorce Center, a non-profit organization of professionals from multiple disciplines providing support and education for people going through separation or divorce, is joining with the MetroWest Practice Group of the Massachusetts Collaborative Law Council to offer a seminar entitled “Getting Divorced: You Have Options!” The seminar will take place December 5, 2012 from 7:00 to 8:45 p.m. at the Watertown Free Public Library, 123 Main Street, Watertown, MA.

A panel including a mediator, trial attorney, collaborative law attorney and a collaborative coach will discuss the different options available to divorcing couples. The presenters will explain the advantages and disadvantages of divorcing through the court process, through mediation or through collaborative divorce.

The presenters include:
•    Miriam Kosowsky, J.D., an attorney-mediator with Diane Neumann & Associates in Watertown;
•    David L. Rubin, Esq., a divorce and family law attorney with a practice in Framingham;
•    Linda Cohan, a collaboratively-trained coach with an executive coaching business in Boston;
•    Linda Sternberg, Esq., a collaborative attorney with a 30-year family law practice in Boston.

This seminar is offered free of charge.  For more information on “Getting Divorced: You Have Options!” and to register for the seminar, visit http://www.eventbrite.com/event/4787959917#.

[Read more...]

Filed Under: Announcements, General Posts

Framingham Auto Accident Client

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“You are my hero!  How can I ever thank you for going out of your way to help me and this case!”

L.W., Framingham, Massachusetts
Auto Accident Injury Client

Filed Under: Client Testimonials

Highly Recommend Attorney David Rubin

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David pursued a Complaint for Contempt and a Complaint for Modification of the original Divorce Agreement and Judgment on my behalf to change its terms twelve years after entry of the original decree in the Probate Court.  This was a difficult task.  David walked me through the ups and downs of the often emotional and exhausting case with caring and competent legal representation.  I highly recommend him.

Debra, Framingham, Masssachusetts.

Filed Under: Client Testimonials

The Divorce Center Offers Seminar on Major Changes to the Massachusetts Alimony Law

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Event: Seminar on Massachusetts Alimony Reform Statue (download flyer)
Date: November 7, 2012
Time: 7:30 PM
Location: Weston Public Library

With the Alimony Reform Act of 2011, Significant Changes Were Made to the Massachusetts Alimony Law for the First Time in 30 Years

The Divorce Center, a non-profit organization of professionals from multiple disciplines providing support and education for people going through separation or divorce, is offering a seminar entitled “The New Alimony Law: A Primer for the Public on the Alimony Reform Act of 2011” on November 7, 2012 from 7:00 to 9:00 p.m. at the Weston Public Library community room, Weston, MA.  David L. Rubin, Esq., and Theresa B. Ramos, Esq., attorneys practicing divorce and family law, will speak on the numerous changes made to the Massachusetts Alimony Law, which had not been updated in 30 years and were prompted by the Alimony Reform Act of 2011.

The Massachusetts Alimony Reform Act of 2011 changed when and how alimony can be ordered, and when and how alimony orders can be ended. The new law affects anyone who currently is or may be receiving alimony. [Read more...]

Filed Under: Announcements, General Posts

Visitation with grandparents, aunts, uncles, can they be supervised?

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Additional Information:

My husband and will be getting divorced.  We are amicable and have decided together that the children will live with me in our home in Framingham, and see their dad every other weekend and Wednesday nights.  My first question is: will a divorce attorney help us figure out a visitation schedule for grandparents and aunts/uncles who will want to see the kids?  Second, can I request that these visits be supervised by me? I want to be around because I worry that they will say negative things about me to the kids.

ATTORNEY ANSWER:

The first question is whether it is even a good idea to discuss a visitation schedule for grandparents and aunts and uncles who want to see the kids.  If you are that concerned about the welfare of the children that you feel the need to have supervised visits, why legislate that into the Separation Agreement?  You may be granting more rights to the extended relatives and responsibilities to yourself that may be unnecessary and burdensome.  The solution to the problem may be to have your divorce attorney negotiate a more liberal parenting plan with your husband so that he and his family can spend more time with the children.

Supervised visitation will not be required by the Probate Court, except in situations where the children are or may be in danger.  Simply saying negative things about you would not rise to this level.  Having said that, all Separation Agreements have language that neither parent shall disparage the other when their children are present.  [Read more...]

Filed Under: Legal Questions & Answers

When we divorce will my husband be awarded half this asset?

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Additional Information:

When my husband and I were engaged, I had finished business school and as a graduation present my parents gave me $50K to start my own business.  We got married, moved into a Boston Metrowest suburb and started a family right away.  My plans to start a business got put aside.  The money has been in a savings account.  Now we are getting divorced and he thinks he is entitled to half of this asset.  I have a card from my parents saying how proud they are of me and that they are gifting me the money to pursue my dreams of having my own company. Will my husband be awarded half this asset?

ATTORNEY ANSWER:

The question is whether the $50,000 which you received before you married is a marital asset that is subject to division, now that you are getting divorced.  Arguably, if you received the money before you married, that asset could be viewed as yours.  But the longer you are married, especially with children, there is a counter argument that all assets are part of the marital estate.  Therefore, the $50,000 might get split on a 50-50 basis, or any other percentage that you negotiate. [Read more...]

Filed Under: Legal Questions & Answers
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