Get A Case Evaluation
We are happy to provide a consultation to all first time clients.
Please complete the form below and we will contact you.
family law
July 22, 2014
In the state of Massachusetts, domestic violence laws include physical harm or the intent to physically harm, the infliction of fear of physical harm, and involuntary sexual relationship against a family or other household member. This crime is especially serious if the victim was violated by the suspect while a protective order was in place. Definition of a household member: people who are or have once been married individuals that have children together individuals that are related through marriage or by blood individuals who live together are have lived together, such as roommates Assault can range from actual physical harm or the intent to commit physical harm against another individual. This means that even a serious threat to commit physical harm can be considered assault. Simple assault is in itself a crime, but in Massachusetts, assault against a family or household member is considered a much more serious offense. In addition, stalking can be considered domestic violence if it is proven that the suspect intended to cause bodily harm or inflict fear to a household member. Repeatedly calling, emailing, or attempting to contact an individual after it was made clear they want contact severed can be considered stalking. Stalking can […]
August 23, 2013
The Massachusetts Child Support Guidelines have been revised and went into effect on August 1, 2013. You may read the official document: Massachusetts Child Support Guidelines. Here are some of the highlights: 1. If you have two or more children, there will be a slight upward adjustment in the amount of child support paid. The adjustment will remain the same for one child. 2. Income will be attributed to a spouse if the court determines that the spouse could be employed, or is underemployed and could be earning more. 3. Modification of a child support order will occur when there is a deviation between the child support order and what the level of child support should be under the new Child Support Guidelines.
April 23, 2013
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.
March 29, 2013
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 […]
December 6, 2012
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.
November 30, 2012
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
August 13, 2012
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 […]
May 1, 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 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 1, 2010
Framingham divorce lawyer, Attorney David Rubin advocates for fair treatment of mothers and fathers in joint or shared custody, unmarried parents’ rights, and issues of parental alienation. He is experienced in representing mothers and fathers in modification of child support and custody orders. He provides a sympathetic ear in matters involving mothers’ and fathers’ rights during and after divorce proceedings. Contact the Framingham divorce lawyer, Attorney Rubin for a confidential consultation.