Attorney David L. Rubin

November 13, 2012

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

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. […]

October 30, 2012

Framingham Auto Accident Client

“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

October 30, 2012

Highly Recommend Attorney David Rubin

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.

October 12, 2012

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

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.

August 13, 2012

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

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 […]

July 30, 2012

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

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 […]

May 1, 2012

May 15, 2012 – The Divorce Center Seminar on the New Alimony Law

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 May 15, 2012 from 7:00 to 9:00 p.m. at the Weston Public Library community room, Weston, MA. David L. Rubin, Esq., and Debra L. Smith, Esq., attorneys practicing divorce and family law, will speak on the numerous changes made to the Massachusetts Alimony Law, which has not been updated in 30 years. The changes were prompted by the Alimony Reform Act of 2011 and were effective March 1. 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.

January 12, 2012

Are grandparents’ visitation schedules written into the divorce agreement?

Additional Information: My husband and I are getting divorced after a 8 year marriage. We have 3 young children and have decided that that I will stay in our home in Natick, and that the children will primarily stay with me. We haven’t figured out when they will stay with their dad and already both sets of grandparents are voicing their interests in time with the kids too. Are grandparents’ visitation something that gets written into the divorce agreement? ATTORNEY ANSWER: The rights of grandparents to spend time with the children after a divorce can be problematic and depends upon the facts of each case. Generally, the rights of the grandparents to spend time with their grandchildren is ancillary to the parenting rights of the parents. Under Massachusetts law, however, the grandparents of an unmarried child may be granted reasonable visitation rights by the Probate Court when the parents are living apart under a temporary order or judgment of separate support, or following the divorce of the parents. The grandparents may also have rights if the children, who are born out of wedlock, do not live together but the paternity (of the paternal grandparents) has been established.

January 5, 2012

When we divorce will my husband be entitled to half of gifted money to me that we put toward our house?

Additional Information: When my husband and I got married, we eloped instead of a having a big expensive wedding. My parents were all for it and gave me a sizable sum of money to put toward a down payment on our house in Framingham that we bought together in (about $35K). I have just filed for divorce, and am wondering if my husband will be entitled to half of this asset? ATTORNEY ANSWER: Generally, an asset, such as the house will be included in the division of joint marital assets, if it was acquired during the marriage, even if your parents gave you the downpayment. If this is a short term marriage with no children, then you might have a claim to a greater share of the asset but if it is a longer term marriage with kids and your husband has made a significant contribution to the principal, interest, taxes and insurance, then he might get half of the asset. You also need to determine how much you want the asset. If you have only had the house for a short period of time, it might be better to let your husband to buy out your share of the […]

October 28, 2011

My soon-to-be-ex wife has assets hidden in her mother’s name.

Additional Information: We are in the process of getting a divorce. I just found out that my soon to be ex-wife has hidden assets in her mother’s name and within her mother’s accounts. How can I subpoena those accounts? I know the bank account #s and they are extensive assets. If I can subpoena the bank records, can I get a postponement of the divorce date? I imagine that when these hidden assets are brought forward, it will change a lot of the financial details. ATTORNEY ANSWER: The first question is what stage you are exactly in the divorce. If you are in the early state of the divorce case, then your wife is required to provide all information about her mother’s bank accounts within the first 45 days of getting served with the Complaint. This is required under Rule 410 of the Massachusetts Rules of Domestic Relations Procedure so it would not be necessary to subpoena the records. If you are beyond the 45 days, the information can be obtained by a Request for Production of Documents and Interrogatories, drafted by your attorney. Generally, your wife has 30 to 45 days to respond to responses to the Request for […]

Blog & Resources