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Attorney David L. Rubin

Attorney David L. Rubin
Experience:  37 Years
Area Served: Boston MetroWest

929 Worcester Road
Framingham, MA, 01701


Attorney Message

My mission is to provide quality legal support and counsel to my clients. I have a reputation for thoroughness and preparedness that is widely recognized and respected in the legal community. I work together, with the client, to achieve the most successful client outcome. I am committed, and an experienced lawyer who takes my responsibilities seriously, knowing that the results I achieve for my client will have lasting impact on their life.

Areas of Practice

Summary

Verification- Supreme Judicial Court of Massachusetts

  • Last verified: 2/18/2014
  • Current status is Active
  • This attorney has no record of public discipline.
  • This attorney has certified that he or she is covered by professional liability insurance.

 

Education

New England School of Law, J.D.
University of California, Berkeley, B.A.

Bar Admissions

Massachusetts, 1980

Professional Associations

Massachusetts Academy of Trial Lawyers
American Trial Lawyers Association
American Bar Association Family Law and Divorce
ABA Forum on Entertainment Law
Public Education Section of The Divorce Center
ABA Forum on Entertainment Law

About Me

About David Rubin

Attorney David Rubin is a member of the American Bar Association Family Law and Divorce Section and a member of the ABA Forum on Entertainment Law. He is also active with the Public Education Section of The Divorce Center, a non-profit group in Natick, Massachusetts whose mission is to educate the public on the divorce process. In that connection, He has spoken on many divorce subjects, including the new Massachusetts Alimony Reform Statute that was enacted in March of 2012.

Attorney David Rubin concentrates in the following practice areas: Business & Real Estate Litigation, Divorce & Family Law, Entertainment Law and Personal Injury including auto accidents, slip and falls, negligence, and product liability.

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Q&A

Legal Questions & Answers


A:
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.




A:
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. The bigger issue that this problem presents is whether you are entitled to alimony, which means spousal support, and is a separate stream of income from child support. It is important that you had set aside your career to start a family while your husband pursued his career. The new alimony reform statute in Massachusetts addresses this. You might be able to receive some kind of short term alimony, such as rehabilitative or reimbursement alimony to give you a financial cushion to support yourself or start a new business in the period following your divorce. General term alimony, which is more open-ended, might be appropriate for a long term marriage. This would help to address the sacrifices that you made early in the marriage so that your husband could pursue his career. The new alimony statute has guidelines on both how much alimony gets paid and its duration. In all cases, his capacity to pay alimony and your need to receive alimony are the primary criteria in awarding alimony. There are other important factors that affect alimony. Some of these include cohabitation with another person and retirement. These and other issues may be a trigger to modify or terminate alimony.




A:
Where exactly are you in the divorce process? 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 Production of Documents and Interrogatories. This is part of the usual discovery process that is part of any lawuit. At this stage a subpoena may not be necessary. But if you want to verify that what your wife has provided you is accurate, you may want to subpoena the records. If your case is beyond the discovery stage allowed by the Timelines set by the Probate Court, then your attorney could file a Motion to Extend Discovery, based upon newly found evidence that your wife has hidden assets which she has neither disclosed to you, nor the Court. Arguably, this is fraud, especially if she has put the accounts in her mother’s name in order to avoid disclosing them. If you are getting ready for trial, your attorney could file an Emergency Motion to Extend Discovery to obtain the bank records. The Motion may include a subpoena to obtain the records before trial. The other question to ask you is whether this is the tip of the iceberg? If she is hiding bank accounts, are there other assets that she is hiding? Therefore, you may want to expand the inquiry to other assets. The Massachusetts Child Support Guidelines state that the Probate Court must look at the “combined annual gross income of the parties…” to determine the proper level of child support. The same standard applies to the determination of alimony. Therefore, the income generated by the hidden bank accounts is directly relevant to determine the proper level of child support and/or alimony that your wife may be required to pay. Additionally, the accounts are treated as an asset by the Probate Court and may be divided, along with other assets of the combined marital estate. This will certainly make a big difference in how the income and assets of your divorce are divided between you and your wife. Thoughtful and forceful legal representation is a must.




A:
The injured party must report the defective condition to the property owner within 30 days of the accident. If the injured party reports the defective condition that led to the accident more than 30 days after the accident, he or she may still bring the action, as long as the property owner cannot demonstrate that he or she was prejudiced by the late notice. This assumes that the property in question is privately owned, which this property probably was, since the metal rod was in the parking lot of a package store. The 30 day rule is strictly enforced, however, with respect to publicly owned property. If the injured party does not notify the city or town of the defect, then that may preclude recovery. The property owner always has a duty to keep the property safe for the use of "invitees" which in this case, would be the customers of the package store. Sometimes the property owner can argue that if the defect was "open and obvious" that there is no liability for negligence. Each slip and fall case is fact specific so whether there is liability depends upon the circumstances of each situation.



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Location Served

Attorney David Rubin serves clients throughout eastern Massachusetts, including communities such as Boston, Boston MetroWest, Framingham, Dedham, Marlborough, Natick, Needham, Newton, Waltham and Worcester.


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