Apr
04

Rehabilitative Alimony, Reimbursement Alimony, Transitional Alimony

Recently, and prior to its enactment, Karen Greenberg successfully argued the concepts of rehabilitative alimony, reimbursement alimony and transitional alimony part of the Act Reforming Alimony in the Commonwealth, and how each concept could be properly applied to a long term marriage, where the stay at home spouse had at least 20 more years before retirement age and possessed professional and marketable skills, which upon recertification would give her the opportunity to become economically self-sufficient.

Apr
02

Divorce Center Session

Karen Greenberg spoke at a session sponsored by the Divorce Center on child related matters including child support and custody. Attendees were individuals either contemplating or in the midst of a divorce.

Mar
28

Caution: Review Contracts Carefully Before Signing

Often, when handed a contract to sign, we do not take the time to review it carefully, and possibly even discuss it with an attorney. Sometimes, the contract pertains to an emotional matter, or a matter that the individual thinks is trivial. Yet this simple step could prevent a great deal of heartache, headache and expense in the future. One should always proceed with caution before putting pen to paper.

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Mar
26

Giving a Voice to Those Often Silent

November is National Adoption Awareness Month, and each year the courts designate a National Adoption Day. Judges in the courthouses across Massachusetts clear their dockets to finalize the adoption of children and teens in state foster care.

While adoption is a wonderful thing, there is a voice in the adoption process that is too often silent. In Massachusetts and throughout the country they are often referred to as the “unknown,” the “unnamed,” or the “of parts unknown” fathers. Many unwed fathers are never given the chance to decide whether to parent their child or participate in the adoption planning.  Why is this so?

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Mar
23

Which Lawyers Can Be Trusted?

The longer I practice, the clearer it becomes to me that there are, in effect, two types of lawyers: ones you can trust and ones who do not know how to be trusted. In other words, can the lawyer achieve a trust-based relationship wherein he or she provides strategic advice that effectively and beneficially influences the decisions a client must make?

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Mar
22

Did you know…? A Satisfied Client is Our Best Referral Source

In an interesting turn of events, I discovered that some of our clients don’t realize that we value, above all other sources, their referrals of family and friends to our office. Most of our new clients come to us as referrals from our existing clients. However, recently I learned that when clients are discussing legal issues with friends and/or family, they don’t feel that making a referral to their attorney is appropriate. We, on the other hand, see such referrals as the greatest compliment our clients can give us. Of course, it goes without saying that any of our clients’ legal matters are held in the strictest confidence and would never be discussed with anyone. If you are satisfied with the legal services K&G has provided, we welcome your referrals!

Mar
21

The Reluctant Estate Plan Client

The greatest challenge I face in my estate planning practice is motivating clients to follow through with an estate plan. I have seen firsthand the financial and emotional toll on families when the proper planning is not done. Yet as much as I try to educate clients and potential clients about how proper estate planning can help them and their families, and protect the assets they have worked hard to accumulate, the fact of the matter remains that many clients continually make excuses to put decision making about an estate plan on the back burner. Or, once they commit to making an estate plan, they put those plans on hold while they struggle to name guardians for their children, trustees of their trust, beneficiaries of their estate, or choose people they trust to make health care and financial decisions in the event they become incapacitated.

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Nov
28

Divorce Center, Inc. Sponsored Public Education and Discussion Seminar

On November 29, 2011, I will be speaking at a Divorce Center, Inc. sponsored public education and discussion seminar, covering issues regarding child support, custody, parenting plans, moving out of state, and alternatives to litigation. The seminar will take place at 7:00pm at Beth Israel Deaconess Hospital – Needham (Cardiology Conference Room), 148 Chestnut Street, Needham, MA. Although the event is free, there is a suggested donation of $20 to support the Divorce Center, Inc.

Nov
11

Overcoming Interstate Adoption Issues

A. What is the Interstate Compact on the Placement of Children?
The Interstate Compact on the Placement of Children (“ICPC”) is a federal law which establishes uniform legal and administrative procedures governing the interstate placement of children. The ICPC is premised on the belief that children requiring out-of-state placement will receive the same protections and services that would be provided if they remained in their home states, and further that all legal requirements are observed. In furtherance of this goal, the ICPC gives the sending state the opportunity to conduct home studies and evaluate the proposed placement. It allows the prospective receiving state the opportunity to determine that the placement is in the child’s best interests and it guarantees both legal and financial protection.

All fifty (50) states, as well as the District of Columbia and the U.S. Virgin Islands are members of the Compact. Each state has codified the ICPC into state law and has a designated Compact Administrator which oversees the process of interstate placements. In Massachusetts, the ICPC is administered by the Department of Children and Families (“DCF”) and regulations governing the ICPC can be found at 110 CMR 7.500 through 7.523, a copy of which is attached.

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Nov
11

Following Ethical Guidelines in Adoption Law

Identifying Conflicts of Interests
The goal in any adoption is to ensure that each participant’s rights are protected, that each fully understands the implications of the process and the placement to be a permanent one. A placement can unravel quickly if ethical guidelines are given short shrift. This can lead to the voiding the surrender overturning the adoption, putting the agency at risk in losing its license, incurring a fine, jeopardizing the social worker’s license and/or the attorney’s ability to practice law.

An attorney’s role in any aspect of adoption law can easily be fraught with conflicts. It is critical to identify whom you represent, and stick to that role. The participants in the adoption process are the agency, prospective adopting parent(s), expectant/ birth mother, and expectant/ birth father. Read the rest of this entry »

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