RI Divorce Attorney
331 views | +0 today
Your new post is loading...
Your new post is loading...
Scooped by David Slepkow
Scoop.it!

A guide to equitable division of assets in a RI divorce

  In Rhode Island, all property and assets acquired by the husband and wife (with certain limited exceptions, some of which are set forth in more detail below) during the course of the marriage constitute marital property subject to equitable division by the Family Court. Nonetheless, inheritance and gifts do not constitute marital property in …
David Slepkow's insight:
Is the appreciation of a gift or inheritance subject to equitable division by a Providence Family Court Judge?

No. Pursuant to Rhode Island divorce law, appreciation of inheritance or gifts during the course of the marriage is not subject to equitable distribution

Personal Injury settlements in RI

Personal injury settlements or judgments, in Rhode Island, relating to pain and suffering , disability and certain types of disability pensions are not marital property. However, portions of such settlements pertaining to lost wages during the course of the marriage and medical bills expended during the marriage or other similar such damages do in fact constitute marital property subject to equitable division.  For a more in depth explanation of whether injury awards are marital property in RI, please see also http://rhodeislanddivorcelawyerarticles.com/are-personal-injury-awards-marital-property-in-a-ri-divorce/

Is premarital property subject to equitable division of assets in Providence Family Court?

Assets and property owned by husband or wife prior to the marriage is not marital property subject to equitable division by a Rhode Island family court judge or General Magistrate.

However, the appreciation in value of that account, real estate or property, is marital property. “In order for the appreciation of value of premarital property to be equitably divided, the appreciation must result from the efforts of the spouse who do did not own the asset prior to the marriage. This provision requiring that the appreciation result from the efforts of the other spouse is often loosely applied in Rhode Island Family Court, especially in marriages of long duration.”  See also: http://www.hg.org/article.asp?id=18610 

For example, if husband owned  investment multi-family real estate before  the marriage and the real estate appreciated during the marital union then such appreciation may be  divided by a RI Family Court Justice if wife can show her efforts in some way lead to the appreciation in the investment real estate.

Is property divided half to the wife & half to husband in a divorce in Rhode Island?

No, not in every case.

How can fault be relevant in a divorce in Providence Family Court?

Even though Rhode Island and Providence Plantations is considered a no fault state, fault  allegations ( if they can be proved) can play a significant  role in how the Rhode Island Family Court equitably divides the debts and property of the marriage.  The Providence Family Court Judge or General Magistrate must first determine what property constitutes marital property under RI law. Once that is determined, the RI Family Court Justice will analyze  numerous  factors set forth in  R.I.G.L. 15-5-16.1 to establish the division of marital property.

more...
No comment yet.
Scooped by David Slepkow
Scoop.it!

Landlord liability Types of accidents at residential multifamily homes

Owning a rental property In Rhode Island is not always as easy as some people believe. There are a lot of things a  RI multi-family residential landlord must take into consideration to be protected from legal liability. Legal liability is an issue all landlords need to take into account. If someone gets hurt on a rental …
David Slepkow's insight:
Fire accident

Fires are a type of accident that landlords may be held accountable for if certain conditions are met. It must be proven that the fire resulted from the landlord’s negligence.
For example, if the fire was a result of faulty wiring, it is possible for the landlord to be found negligent. However, it must be proven that they landlord knew about the faulty wiring or should have known about it and failed to take action.  Landlords are not always held liable in the event of house fires. If the fire is caused by events beyond the landlord’s control, he or she will not be held accountable.

Structural Collapse

Structural collapse is another issue in which a landlord could be held liable. A structural collapse could involve the whole house, but this problem is more common for staircases. If a tenant were injured in the structural collapse of a staircase, it must be proven that the landlord was at fault.

For example, the landlord will be held liable if it can be proven that he or she was aware of the unsafe condition of the staircase. If the landlord took reasonable measures to fix the issue, he or she would not be held liable.

Citations and Resources

“In a recent New York case 1 the Court of Appeals laid down a doctrine for determining the liability of a landlord for damage resulting from gratuitous repairs.” Liability of a Landlord for Negligently Making Repairs When Not Obligated to Do So St. John’s Law Review Volume 7 Issue 1 Volume 7, December 1932, Number 1  Irving L. Wharton http://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=6138&context=lawreview

35 UALR L. Rev. 1049 (2012-2013)  Caveat Who: A Review of the Landlord/Tenant Relationship in the Context of Injuries and Maintenance Obligations http://heinonline.org/HOL/LandingPage?handle=hein.journals/ualr35&div=44&id=&page=

more...
No comment yet.
Scooped by David Slepkow
Scoop.it!

11 Reasons Why People Fall Behind on Child Support

11 Reasons Why People Fall Behind on Child Support | RI Divorce Attorney | Scoop.it
Millions of children rely on child support from their parents. While most people want to provide for their children, there are times that child support doesn’t get paid in a timely fashion. The following are the 11 top reasons people fall behind on child support. 1. They Believe It’s Not Helping Their Children According to Familylawyermagazine.com, …
David Slepkow's insight:
1. They Believe It’s Not Helping Their Children

According to Familylawyermagazine.com, many individuals don’t see how the money being paid is directly helping their children.

2. People Don’t Like Judges and Lawyers Making Their Decisions

Hard working adults may often resent a stranger, and in particular a judge or a lawyer, telling them how and when to take care of their children.


3. Lost Jobs
Losing a job and a steady source of income can definitely cause a person to fall behind on child support.


4. A New Family
If a person gets married or has more children it may become more difficult to keep up with regular payments.


5. Fear That the Money is Misspent
If parents think the money is going to support the custodial parent’s lifestyle and not the child, they may be hesitant to keep up regular payments.


6. Disagreements About Raising the Children
When one parent disagrees with how the other parent is raising the children they may not make regular child support payments until the matter is resolved.


7. Can’t See the Children
Whether it’s court ordered or a parent is keeping the kids from another parent, the non-custodial parent may stop making payments.


8. To Get Back at a Spouse
When couples break up, the relationship can become complicated. Unfortunately, some people may withhold child support to get back at the other parent.


9. Low Paying Job
Even if an individual is working a regular job, it may be considered low-income. The National Conference of State Legislatures describes how a low paying job can cause a person to fall behind on support.


10. Substance Abuse
Drug or alcohol addiction can drain a person’s resources or cause them to become irresponsible and fall behind on payments.

more...
No comment yet.
Scooped by David Slepkow
Scoop.it!

Divorce Lawyers in Rhode Island | Slepkow & Associates

Divorce Lawyers in Rhode Island | Slepkow & Associates | RI Divorce Attorney | Scoop.it
Experienced Divorce, Child Custody & Family Law attorney in RI, call us 401-437-1100 for a free consultation for all Rhode Island family law matters.
David Slepkow's insight:
David is honored to be sworn in as a member of the United States Supreme Court Bar.

David has substantial experience representing clients in Family Court appeals before the RI Supreme Court. In the Rhode Island divorce case of Roger v. Rogers, David won a Supreme Court decision in a 5-0 unanimous decision in favor of his client. This case affirmed the right of clients to move out of Rhode Island during the course of their divorce and still obtain a divorce in Rhode Island.

RI Divorce Attorney, David  Slepkow has an informative  and extensive Family Law blog which can be found here: www.rhodeislanddivorcelawyerarticles.com 

In practice since 1997, David prides himself on being able to adapt to a particular client’s desires.

He is aware that some clients want to work out an amicable settlement with a spouse while other clients want aggressive legal representation. David can be a firm negotiator, a deal maker or a zealous advocate on behalf of his clients, depending on the client’s desiresRhode Island Child Custody Attorney David Slepkow has authored many informative, extensive and in depth Rhode Island Law Articles related to Rhode Island Family Law.


For a list of All Divorce Law Articles by David Slepkow, please visit: Rhode Island Divorce Law Articles by a RI Divorce Attorney.For an extensive list of Family Law Articles by RI Divorce Attorney David Slepkow, please go to the following Law Articles: Rhode Island Family Law Articles. For a complete list of Child Custody Articles please review: Child Custody Law Articles by a RI Child Custody Lawyer. David Slepkow has set forth answers to Pertinent Child Support Law Issues at:  Rhode Island Child Support Law Articles.


A “one-size fits all” strategy will not work in Rhode Island family law or in Providence Family Court. A Rhode Island Family Law Lawyer must be adept at helping clients in both highly contentious litigated matters and amicable out of court settlements. Our firm balances these interests and makes every effort to accommodate out of state clients who are unable to come to Rhode Island for client meetings. Please review the frequently asked questions about Rhode Island Child Support and Post Divorce Do’s and Don’ts prepared by Rhode Island Family Attorney, David Slepkow.

more...
No comment yet.
Scooped by David Slepkow
Scoop.it!

Rhode Island Business & RI Corporate Law- Slepkow Law

Rhode Island Business & RI Corporate Law- Slepkow Law | RI Divorce Attorney | Scoop.it
Providing experienced legal assistance and counsel on all business law and related legal matters. Slepkow & Slepkow Associates, INC in East Providence
David Slepkow's insight:
1) Should I protect my home and personal assets by incorporating my business?

Typically, yes. The single most important reason for incorporating is the fact that debts of the corporation and claims against the corporation will not adversely affect your home and other personal assets.

2) What is the difference between a corporation and a limited liability company (LLC) in Rhode Island?

Both a corporation and a limited liability company provide asset protection against claims against your personal assets. The main difference between the two involves the treatment of profits and losses for income tax purposes. A corporation is a taxable entity and pays taxes on its profits. A limited liability company does not pay taxes on the corporate level, but its profits and losses are taxed on each member’s own tax return. In a corporation the owners are referred to as shareholders and in a limited liability company the owners are referred to as members. The chief executive officer of a corporation is the President. The chief executive officer of a limited liability corporation is the Manager.

3) What will my lawyer need to know at our first meeting in order for him to incorporate my business?

You will need to provide the attorney with two or three potential names for the business so that he can determine if any of them are already used. The attorney will need to know the name of your accountant so that he can discuss with the accountant whether you should be a corporation or a limited liability company. The attorney will need to know the names, addresses and social security numbers of each of the shareholders/members of the corporation or limited liability company.

4) If I incorporate, will I need to do anything each year to keep the corporation in good standing?

Yes. An annual report filed with the Secretary of State is required each year listing the address of the business and the current shareholder/member. Typically, an attorney prepares this report and updates the corporate minute book by preparing the minutes of the annual meeting.

5) If I am operating a business with another person, should I form a partnership or incorporate?
more...
No comment yet.
Scooped by David Slepkow
Scoop.it!

RI Family Court Arguments (that do not work!) - Slepkow Law (Est. 1932)

Providence Family Court Attorney, David Slepkow 401-437-1100. Divorce, child custody, child support and Family Law. RI Child Custody lawyers.
David Slepkow's insight:
#1. Our child must wake up in my house, where the child resides, Christmas morning each and every year to open the Christmas presents since I am the child’s mother.

This argument is usually ineffective because the RI Family Court Judges have heard such arguments thousands of times before. This type of argument is premised on emotion. Rhode Island domestic justices usually believe that the parents of minor children should alternate Christmas parenting time. The normal Christmas schedule is one parent having parenting time on Christmas eve, overnight until 11-2 and the other parent having parenting time Christmas day overnight. However some Justices, Magistrates and general magistrates of the Providence, Kent, Newport and Washington County Family Court may be a little sympathetic to a very young child between the ages of 3-4 waking up at the house where the child resides on Christmas morning.

#2. If I allow him visitation with our child, he will kidnap our child.

This speculative argument usually is ineffective because the Justices of the RI Family Court have heard such  similar arguments thousands of times before. This non legal argument is premised on pure speculation and is borderline absurd. It is the classic “hail Mary”. (nothing else is working so i will play this card as a last resort to interfere with his visitation rights)


If the justice of the Providence Family Court at the Garrahy Judicial Complex denied visits solely based on an unsubstantiated allegation of hypothetical child kidnapping then it would be too simple to deprive a father of his fundamental right to visitation. Furthermore,  the Kent County Family Court may not issue decrees based on  silly speculation or a hypothetical fact scenario. RI domestic Courts issue orders based on testimony and facts not base on guesswork and speculating.


The Rhode Island Family court is usually willing to issue an order that the party cannot permanently remove the minor child from the state of Rhode Island. In some instances, the court will issue a restraining order against out of state travel for significant periods of time without prior consent.

If there is evidence that the person may take off with the children then this argument might be taken seriously.

#3. The father is only requesting visitation with our children to get back at me, he does not really want to visit with our children.

This  type of emotional argument cannot  really be proved and the Justices of the Providence Family Court are not interested in this argument because it is impossible to prove and too easy to say. Also the father’s real motivation for desiring visitation for his or her child is irrelevant since his or her parenting time rights are a fundamental right.

more...
No comment yet.
Scooped by David Slepkow
Scoop.it!

Divorce and Real Estate Law - Living Together During the Divorce - A Nightmare Or a Necessity?

Divorce and Real Estate Law - Living Together During the Divorce - A Nightmare Or a Necessity? | RI Divorce Attorney | Scoop.it
Issues concerning the marital domicile and real estate are often the biggest issues that divorcing couples must resolve.The issues of real estate and...
David Slepkow's insight:

while the divorce is pending with or without children:

In many instances, husband and wife live together while the divorce is pending. In some cases, husband and wife live together out of financial necessity because the parties cannot afford to live separately. Other divorcing couples live together because they believe it is in the best interest of the child /children. Some people live together because both husband and wife refuse to leave the marital domicile.

If husband and wife are living together while the divorce is pending, they often reach an agreement as to who will pay the mortgage, taxes, insurance and other real estate related expenses.

In the event that husband and wife cannot reach an agreement then both parties have the right to file motion for temporary orders, asking the court to intervene and determine who will pay the mortgage taxes, insurance, utilities and other expenses for the marital domicile.

If the parties are not civil towards each other there is constant arguing or there is domestic violence / abuse it may become unworkable for the parties to continue living together. If either party is abusing drugs, alcohol or gambling then cohabitating during the divorce process may be unworkable. Either party has the right to file a motion for temporary orders asking for exclusive use and possession of the marital domicile while the divorce is pending.

If one of the spouse has no income and no ability to earn income then it is possible that the spouse who has income or earning capacity could be ordered to pay 100% of the expenses for marital domicile while the divorce is pending. This is especially the case if the unemployed spouse has minor children living at home.

more...
No comment yet.
Scooped by David Slepkow
Scoop.it!

Rhode Island Divorce - "Post Divorce Do's And Dont's" -Family Law & Child Support by a RI Lawyer

Rhode Island Divorce - "Post Divorce Do's And Dont's" -Family Law & Child Support by a RI Lawyer | RI Divorce Attorney | Scoop.it
Rhode Island (RI) post divorce do's and dont's prepared by a Rhode Island family law lawyer, David Slepkow concerning issues of child support modification, contempt and termination. The article also addresses issues concerning modification of child...
David Slepkow's insight:

Do not modify the property settlement agreement by an oral agreement. ALL changes to a property settlement agreement must be in writing, signed by both parties.


Do not make cash payments of alimony or child support without a signed receipt from your ex-spouse.


If you make payments directly to your child or buy anything for your child, these payments will be considered gifts to your child and will not be a credit towards child support. Therefore, if you want these types of payments to be considered child support, they must be given directly to your spouse as child support.


If there is a restraining order or no contact order in your case, do not contact your ex-spouse without the restraining order being dismissed. Even if your ex-spouse initiates the communication or invites you over, you could still be arrested for violating the restraining order. Any type of communication is a violation of the restraining order including e-mails, letters, faxes or voice mail messages. Do not rely on your ex-spouse's insistence that a restraining order has been dismissed. You need to verify with the Clerk of the Rhode Island Family Court that the restraining order has been dismissed.


Important Information


If your circumstances change, look into filing a motion to modify alimony, immediately. This only applies if the alimony is modifiable. If there is a property settlement agreement that is incorporated into the final judgment that states that alimony is non modifiable then the alimony is non modifiable. If there is no property settlement in your case and an award of alimony, then the alimony is probably modifiable upon a substantial change in circumstances. A substantial change of circumstances could be a loss of income, loss of a job or a disability etc.


A. Child Support

Child support does not automatically terminate when your child reaches eighteen (18) years of age. Child support will automatically accrue unless a Motion to Terminate Child Support is filed.


If you are the parent with physical placement of your child/children and your income significantly decreases or your ex-spouse's income significantly increases, then you should contact a lawyer to file a Motion to increase your child support payments.


If you are the parent without physical placement of your child and your income decreases significantly or your ex-spouse's income significantly increases, then you should contact a lawyer to file a Motion to lower your child support obligation. If you cannot pay your child support because of a change in circumstances you need to file a motion to modify child support immediately otherwise you can be subjected to a contempt proceeding for failure to pay child support.

more...
No comment yet.
Scooped by David Slepkow
Scoop.it!

Rhode Island Divorce Strategy From Finding a RI Attorney to Filing for Divorce by a RI lawyer

Rhode Island Divorce Strategy From Finding a RI Attorney to Filing for Divorce by a RI lawyer | RI Divorce Attorney | Scoop.it
Part 1 of "A practical Guide to The Divorce Process in Rhode Island Family Court." This article is part 1 of a series or articles that takes a person considering divorce through the entire divorce process from beginning stages of finding an attorney...
David Slepkow's insight:

The Golden Rule is that the longer it takes to reach a settlement the more the divorce will cost because the lawyers will spend a lot more time working on the case. If there is no settlement and the case goes to trial or the day of trial, the divorce could get very expensive. If everything is agreed or nearly agreed to and the parties are relatively amicable then the divorce should take a lot less time and therefore be much less expensive.

Uncontested divorces in Rhode Island should be much less expensive then contested divorces. However, there are many different types of uncontested divorces. There are uncontested divorces with no real assets and uncontested divorces with assets to divide. If the divorce is uncontested and there are assets then the lawyer may need to prepare a property settlement agreement, deeds, qualified domestic relation orders etc. Therefore, the cost of an uncontested divorce could vary depending on the circumstances. For example if a lawyer has to draft a property settlement agreement , the lawyer will devote more time to the case.

I believe that a fair price for an uncontested divorce from soup to nuts in Rhode Island with no assets and no property settlement agreement is about $800 flat fee plus costs. The typical costs are a filing fee of $100 and service of process fees of approximately $40.


After you have retained the lawyer there is typically an intake process in which the lawyer gets the basic information so that he or she can properly represent you. The lawyer typically drafts the divorce documents and you sign them in front of him/her or another notary. These documents include a divorce complaint, DR(6) financial statement, statement of children of the marriage, counseling statement, report of divorce, summons and automatic divorce order etc. It is important that the DR6 form otherwise known as financial statement is accurately filled out.


There are many important decisions that may need to be made before you file for divorce in Rhode Island. Strategy is crucial in many instances!


In some cases, the attorney will file a motion for temporary orders when the divorce complaint is filed. A motion for temporary orders should be filed if the husband or wife is in need of temporary resolution of issues while the case is proceeding. These temporary motions typically request temporary child support, payment / contribution to daycare , contribution to medical bills, alimony, payment of household expenses, payment of the mortgage, taxes and insurance. A motion for temporary orders can also address child visitation and child custody issues related to the minor children as well as issues concerning exclusive use and possession of the marital home. The temporary motion can also request temporary orders concerning: restraining orders both financial and personal and a myriad of other temporary issues. The motion for temporary orders will typically be heard by the Court within 30-40 days of the filing of the complaint for divorce.

more...
No comment yet.
Scooped by David Slepkow
Scoop.it!

Rhode Island Family Court Deferred sale of the Marital Home for Child - Slepkow Law (Est. 1932)

The Rhode Island Family Court only has jurisdiction to defer the sale of a marital domicile in a divorce if there are minor children residing in the former marital domicile. Of course, parties can always agree to defer the sale of a parcel of real estate whether or not they have children under the age …
David Slepkow's insight:

In many divorces when there are one or more children and the parent with placement of the children can afford the former marital home, the Providence Family Court will exercise its discretion and allow the children to remain in the house for a period of time, which may be until the youngest turns 18 years old and graduates from high school.

If the Kent County Family Court Justice defers the sale of the former marital home, the Kent County Family court will establish the amount of equity in the house at the time of the marital dissolution. The Providence divorce Court will determine the equitable share of the non-custodial spouse exiting the former marital domicile. If the litigants are unable to settle on an agreed amount as the fair market value (FMV) of the property then feuding spouses will need to retain real estate appraisers. The Providence Family Court will hold a testimonial hearing and the justice will hear testimony from the dueling real estate appraisers. The Judge of the Family Court in RI will make findings concerning the fair market value of the real property. In certain cases, testimony is unnecessary because the husband and wife agree to use the same real estate appraiser.


After the period of deferment, the former marital home must be sold at fair market value and the noncustodial parent would get his or her share of the equity. If the RI Family Court orders a deferred sale of the marital real estate in the best interest of the parties minor children, it can be modified or terminated at the discretion of the court if there is a substantial change in circumstances. If the party living in the house with the children remarries or there is a substantial change of circumstances in the economic status of the person living in the house, then the property may be ordered sold.


In many cases when the custodial parent can afford an increased mortgage payment, the parties will settle with the custodial parent refinancing and buying out the noncustodial parents equitable share of the equity in the house. At that refinance the non-custodial parent receives cash and typically deeds over his/her interest in the house to the custodial parent.

more...
No comment yet.
Scooped by David Slepkow
Scoop.it!

Why Fault Matters in a NO Fault Divorce in Rhode Island - Slepkow Law (Est. 1932)

Rhode Island is a “no fault state”. Is property divided 50 /50 in a RI divorce ? Property, assets and debts are not divided 50/50 in all divorces in Rhode Island. A vast majority of divorces in Rhode Island result in an equal split in the assets. No fault divorce in Rhode Island and Providence …
David Slepkow's insight:

The following types of negative and deleterious behavior could be considered: alcoholism, drug addiction, domestic abuse and violence, criminal activity, cheating / affair, abusive behavior, gambling addiction, emotional abuse, sexual abuse, financial mismanagement, verbal abuse, abandonment, etc. People considering a divorce in Rhode Island should set up a free initial consultation with a Rhode island divorce lawyer.

What constitutes an uncontested divorce in RI?

An uncontested divorce in Providence Family Court or Kent County Family Court in Warwick is a divorce in which husband and wife agree to all issues involved in the cause of)action including asset division, child custody (placement / legal custody), payment of marital debt, health insurance issues, child support, visitation, equitable division of the marital domicile (real estate) etc.


What does a “no fault” divorce mean in Rhode Island?


In certain states, it is required to establish fault to obtain an absolute divorce decree. Pursuant to RI divorce law, it is not required to prove fault grounds to get divorced. Irreconcilable differences is enough in Rhode Island. Irreconcilable differences can be anything from lack of communication, different goals and aspirations, affairs, domestic violence, arguing, fell out of love or actually anything. If husband or wife desires a divorce, they can get one so long as they meet the other divorce requirements in Rhode Island such as residency requirements.

Can Fault play a significant role in Rhode Island divorce?

Even though RI is a “no fault” law state, fault can play an important role in how the Providence Family Court equitably divides the assets and debts of the parties. After the Newport Family Court determines what assets are marital assets, then the Newport Family Court Justice will look at various factors to determine the equitable division of assets. The court may consider the following factors in determining equitable assignment of the property.

a) The length of the marriage;
b) The conduct of the parties during the marriage;
c) The contribution of each of the parties during the marriage in the acquisition, preservation or appreciation in value of their respective estates;
d) The contribution and services of either party as a homemaker;
e) The health and age of the parties;
f) The amount and sources of income of each of the parties
g) The occupation and employability of each of the parties;
h) The opportunity of each party for future acquisition of capital assets and income;- Source: R.I.G.L. 15-5-16.1 (Rhode Island General Laws) among other factors which are set forth in R.I.G.L. 15-5-16.1.

more...
No comment yet.
Scooped by David Slepkow
Scoop.it!

A guide to equitable division of assets in a RI divorce

  In Rhode Island, all property and assets acquired by the husband and wife (with certain limited exceptions, some of which are set forth in more detail below) during the course of the marriage constitute marital property subject to equitable division by the Family Court. Nonetheless, inheritance and gifts do not constitute marital property in …
David Slepkow's insight:
Is the appreciation of a gift or inheritance subject to equitable division by a Providence Family Court Judge?

No. Pursuant to Rhode Island divorce law, appreciation of inheritance or gifts during the course of the marriage is not subject to equitable distribution

Personal Injury settlements in RI

Personal injury settlements or judgments, in Rhode Island, relating to pain and suffering , disability and certain types of disability pensions are not marital property. However, portions of such settlements pertaining to lost wages during the course of the marriage and medical bills expended during the marriage or other similar such damages do in fact constitute marital property subject to equitable division.  For a more in depth explanation of whether injury awards are marital property in RI, please see also http://rhodeislanddivorcelawyerarticles.com/are-personal-injury-awards-marital-property-in-a-ri-divorce/

Is premarital property subject to equitable division of assets in Providence Family Court?

Assets and property owned by husband or wife prior to the marriage is not marital property subject to equitable division by a Rhode Island family court judge or General Magistrate.

However, the appreciation in value of that account, real estate or property, is marital property. “In order for the appreciation of value of premarital property to be equitably divided, the appreciation must result from the efforts of the spouse who do did not own the asset prior to the marriage. This provision requiring that the appreciation result from the efforts of the other spouse is often loosely applied in Rhode Island Family Court, especially in marriages of long duration.”  See also: http://www.hg.org/article.asp?id=18610 

For example, if husband owned  investment multi-family real estate before  the marriage and the real estate appreciated during the marital union then such appreciation may be  divided by a RI Family Court Justice if wife can show her efforts in some way lead to the appreciation in the investment real estate.

Is property divided half to the wife & half to husband in a divorce in Rhode Island?

No, not in every case.

How can fault be relevant in a divorce in Providence Family Court?

Even though Rhode Island and Providence Plantations is considered a no fault state, fault  allegations ( if they can be proved) can play a significant  role in how the Rhode Island Family Court equitably divides the debts and property of the marriage.  The Providence Family Court Judge or General Magistrate must first determine what property constitutes marital property under RI law. Once that is determined, the RI Family Court Justice will analyze  numerous  factors set forth in  R.I.G.L. 15-5-16.1 to establish the division of marital property.

more...
No comment yet.
Scooped by David Slepkow
Scoop.it!

DIVORCE IN RI- Part 5/5 "The Divorce Trial on the Merits"

DIVORCE IN RI- Part 5/5 "The Divorce Trial on the Merits" | RI Divorce Attorney | Scoop.it
This is the last segment of Rhode Island Divorce Attorney, David Slepkow's comprehensive five part series concerning divorce in RI.
more...
No comment yet.
Scooped by David Slepkow
Scoop.it!

Tips To Win Child Custody in Rhode Island- Slepkow law

CALL Rhode Island Child Custody lawyer, David Slepkow 401-437-1100. Visitation, Legal Custody and Child Support.
David Slepkow's insight:
Legal Custody In RI

If you seek sole custody, the control of your child’s day-to-day needs will be decided by the parent in charge that is given sole custody by the judge.  Joint custody  also involves legal custody. However, joint legal custody refers to the parents sharing decision-making and responsibilities equally. Parties share joint custody in the vast majority of cases in Rhode Island Family Court.

Below are tips to increase the potential of winning child custody in Rhode Island that include:

Be Clear and Concise

Many couples in their battle to divorce in Newport family Court will fight for custody of the child even when it does not fit the parent’s lifestyle. By clarifying what you need in the relationship with your child, it is important to understand the available arrangements for physical custody and visitation.


The less common choice of shared physical custody involves the child spending extended time with one of his or her parents and then extended time with the other. Typically, family court judges stay away from shared custody options because it may be disruptive to the child’s life. Nonetheless, judges will allow the parties to decide themselves that shared placement is best for their family


Many times, the judge will hear testimony from expert witnesses or listen to the child’s own words to determine what is best for them. However, professional advisors can provide legal assistance in preparing for hearings and interviews in how to counteract any recommendation provided to the court by an expert that might undermine your ability to obtain custody of your child.

Respect the Ex-Spouse

It is important to show respect to the ex-spouse even if their ability as a marital partner was less than admirable. This is because the failure to show respect for the spouse’s parenting contributions to the child as an active and nurturing caretaker often places a large roadblock in the courtroom when the judge is attempting to resolve custody issues.

more...
No comment yet.
Scooped by David Slepkow
Scoop.it!

Common Types of Child Visitation Disputes Between Parents

Rhode Island child visitation lawyer
David Slepkow's insight:

Court Involvement


It is important to ensure that children grow up in stable environments. The role of the judge is to make decisions that will afford both parents ample opportunities to interact with their children. Even if you are a non-custodial parent, the judge wants to grant you visitation rights with your child. In many instances, the requests of non-custodial parents will be granted. However, any visitation time should not interfere with the child’s reasonable schedule.


At times, a judge will not initially make a determination. The parents may be sent to a mediator to help them resolve the issue. If the issue cannot be resolved through mediation, the case can be sent to the judge to make a determination. Once the determination has been made, it is expected that both parties adhere to the visitation schedule. In some cases, parents may willfully disregard the visitation schedule.


Seek Legal Guidance


If your visitation rights have been denied by the other parent, there is help available. A RI family law attorney may be able to help you get the visitation order enforced.


In  Rhode Island child custody cases, time is of the essence.

more...
No comment yet.
Scooped by David Slepkow
Scoop.it!

Rhode Island Bicycle Accident Wrongful Death Attorney

Rhode Island bicycle accident lawyer, David Slepkow 401-437-1100. RI wrongful death attorneys. Providence fatal car accident lawyer. RI Injury attorney.
David Slepkow's insight:
Statute Of Limitations in RI

A RI wrongful death lawsuit based on a car, motorcycle or motor vehicle in a vehicular collision with a bicyclist  causing injury or death must be filed within a legally specified period of time. This is called the statute of limitations. Should a person miss this deadline, they could lose their right to file a personal injury lawsuit in Rhode Island Courts. A Rhode Island wrongful death attorney will know the statute of limitations provided by law which is three years in the Ocean State


RI bicycle crash personal injury or wrongful death Lawsuit Process
A  top Rhode Island fatal car- bicycle crash attorney will know how to file a wrongful death lawsuit involving a deadly bicycle accident. The best bicycle accident attorneys in Rhode Island are keenly aware that the settlement and litigation process to obtain compensation for a fatality  begins at the site of the bicycle motor vehicle accident. Pictures of the Barrington, Bristol or Warren car / auto accident scene, the bicycle and vehicles involved are essential. A list of names and contact information for any witnesses to the Newport, Tiverton or Middletown bicycle collision is also  very important. The police report taken must be verified for accuracy. The bicycle riders clothes and helmet must be saved. These are things that can be used as evidence during a wrongful death jury trial on the merits.


Discovery


After the lawsuit is filed, the discovery process begins. This is when both sides involved in the lawsuit collect evidence to prove their claim. Depositions are taken from witnesses. Medical experts are asked to give their opinions on medical records. Professionals who are experts at accident reconstruction may be utilized. It some cases, financial consultants are used to determine the extent of the economic loss from the bicycle accident for both the present and future.


Settlement
Most insurance companies want to avoid a jury trial. In order to do this, they will often offer the lawsuit plaintiffs a settlement. A RI personal injury attorney who is experienced in  personal injury law in Rhode island will know if the settlement offer is good or needs to be negotiated further. If the settlement offer is not acceptable, the Providence wrongful death attorney representing the executor of the estate of the deceased may recommend going to trial.


Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.

more...
No comment yet.
Scooped by David Slepkow
Scoop.it!

Real Estate Lawyers in Rhode Island | RI Title Attorneys

Real Estate Lawyers in Rhode Island | RI Title Attorneys | RI Divorce Attorney | Scoop.it
CALL Top Rhode Island Real Estate Lawyers and Title attorneys, Slepkow Slepkow & Associates Inc. 401-437-1100 Established in 1932!
David Slepkow's insight:
We provide numerous services to both Buyers and Sellers in residential and commercial real estate transactions.

We review, prepare and negotiate offers to purchase and purchase and sales agreements for both parties. If any issues arise during the executory contract period relative to the title examination, the inspections, or the mortgage, we work to resolve the disputes and dilemmas so the deal will close on time to the satisfaction of all parties involved. We conduct closings in our office and nearby real estate brokerage offices when we represent the Buyer.

During our representation for the Seller, we prepare deeds and supplemental documentation, and travel to the closing location to attend the closing ceremony. We work closely with all of the major real estate agencies and mortgage originators in the East Bay area. If you need any assistance or guidance selecting a person to help in these specific areas of the transaction, we will be happy to offer reliable referrals. In addition to residential transactions, we also practice in all matters relating to and arising from real estate. We maintain an active zoning and land use practice in the nearby communities of East Providence, Barrington, Warren and Bristol. We handle easements, condominiums, adverse possession cases, partition suits, condemnations, landlord-tenant evictions or disputes, zoning and planning and all other real estate legal matters including litigation.

 

1) What is title insurance? How much does it cost? Should I buy it?

Owner’s title insurance protects the Buyer of a property against undiscovered liens or defects in the title prior to the time of purchase. Title insurance insures the record title and protects an owner of property from losses arising from defects occurring prior to the date of the policy. Therefore, it differs from other types of insurance because it is retrospective in nature. It also differs from other types of insurance because there is only a single premium charge for title insurance, but the protection lasts for as long as you own the property. There are different title insurance policies which protect both owners and lenders. Lender’s title insurance performs the same purpose, but only for the lender in a transaction. The fee is typically about $2.50 per $1000 for lender’s coverage and $3.50 per $1000 for owner’s coverage. Lender’s insurance is required and you are strongly encouraged to purchase owner’s insurance for numerous reasons. If you have any questions in this regard or have been given advice that owner’s insurance is not necessary, please contact one of our attorneys to make an informed decision. Since one’s home is usually the single biggest financial investment, it is highly prudent and wise that a homeowner would want to protect that investment and enjoy the benefits of ownership. An owner’s title policy is that protection.

more...
No comment yet.
Scooped by David Slepkow
Scoop.it!

Intersection of Family Law, Divorce & Criminal Law - Untangling the Web! - Slepkow Law (Est. 1932)

A Rhode Island criminal domestic misdemeanor or felony case is often intertwined with complex issues concerning family law, child custody, child support, visitation, restraining orders and divorce. A Rhode Island Family law case is often intertwined with criminal law issues. In some cases there are three cases or more proceeding at the same time: a …
David Slepkow's insight:

This article applies to misdemeanor criminal charges. A misdemeanor is considered domestic if it involves certain family member, a spouse, girlfriend or boyfriend. An assault, disorderly conduct, larceny and other criminal charges can all be charged as domestic offenses. Therefore, if there is a domestic violence component to an assault case, the case will be charged as a domestic assault rather than just an assault.In the event that a person is charged with a domestic offense, a no contact order will issue.

The no Contact order will preclude the accused from having any contact with the victim, his or her spouse or significant other. A no contact order often reeks havok upon the family unit especially when the parties are married or have children. The police will remove the accused from his or her residence. This removal creates a whole new set of challenges for the family. In many instances, the accused is the sole support for the family.

Also, there are often visitation issues that arise immediately. The accused often wants to visit his or her children.The victim usually has her own opinions which may or may not include the desire for the accused to visit with the children. Furthermore, the accused often has the need and desire to obtain his or her personal belongings such as clothes, toiletries, tools, work items etc.Also, the victim may seek another restraining order from the family Court or District Court and may seek child support.

This article addresses the above mentioned complex issues and answers the following questions:

Should I get a Rhode Island Criminal lawyer or Divorce lawyer to represent me in a criminal law or divorce case in Rhode Island?

An attorney is needed but not required. The old adage is that a person who acts as their own attorney has a fool for a client. Lawyers / attorneys are familiar with the legal process, the law , the judges and the legal system. In a criminal case you have a right to a free criminal lawyer from the Public Defender if you meet the income and eligibility requirements.

What is the difference between a domestic offense and a non domestic offense?

Any offense which is charged as a domestic offense is more serious than the same charge charged as a non domestic offense. Under Rhode Island (RI) law, a person who is found guilty of a domestic offense or who takes a nolo contendere plea with a sentence of filing, probation or suspended sentence must take batterers intervention classes.

more...
No comment yet.
Scooped by David Slepkow
Scoop.it!

Enforceability of Prenuptial Agreements in Rhode Island!

Enforceability of Prenuptial Agreements in Rhode Island! | RI Divorce Attorney | Scoop.it
Prenuptial agreements are extremely enforceable in Rhode Island (RI). A Prenuptial agreement is also commonly called a Premarital Agreement or an...
David Slepkow's insight:

The intent of the statute is to "preserve the validity of such agreements". In order to invalidate a premarital agreement a person must prove every element of the statute by clear and convincing evidence.

The bottom line is the premarital agreements are extremely difficult to invalidate in rhode Island. There is one potential trap that exists. If the parties change residency and get divorced in a different state, the other state might be hesitant to enforce Rhode Island law. I always insert a paragraph in my prenuptial agreements that Rhode Island law will govern the interpretation and enforceability of the agreement. However, there is no 100 percent assurance that some judge of a different state will follow RI Law.

If a person signs a prenuptial without a lawyer is it enforceable?

Yes. It may be preferable for a person to have a lawyer but it is far from required for the premarital agreement to be enforceable.

David Slepkow is a Rhode Island lawyer concentrating in divorce, family law, restraining orders, child support, custody and visitation. David Slepkow has been practicing for over 9 years and is licensed in Rhode Island , Massachusetts and Federal Court. Free initial consultations. Credit Cards Accepted. You can contact attorney David Slepkow by going to http://www.slepkowlaw.com/divorce.htm or by calling him at 401-437-1100.

For a complete list of  Rhode island legal articles written by David Slepkow please visit: http://www.slepkowlaw.com/ri-law.htm
 
David Slepkow also practices Rhode Island personal injury, car  (auto) accidents and Slip and Fall http://www.slepkowlaw.com/personal.htm
more...
No comment yet.
Scooped by David Slepkow
Scoop.it!

Common Law Marriage in Rhode Island | Fact or Fiction

Rhode Island divorce attorney David Slepkow explains what is necessary to prove a common law marriage in RI Family Court. Providence family Court lawyer.
David Slepkow's insight:
Fiction – If a boyfriend and girlfriend reside together as a loving couple for 7 years then they are common law married.

This is 100% false. It constitutes an inane urban myth and it is not the law in RI!  A boyfriend and girlfriend or a same sex couple could reside together in the same domicile for 40 years or more in Rhode Island and Providence Plantations and not meet the legal definition of common law marriage in RI!

Nonetheless, another bf and girlfriend could “shack up” for 7 days  and be married under Rhode Island law. How could this this be true?

How could a party be common law married after 7 days?

Hypothetically, a boyfriend and girlfriend get engaged, call each other their fiancée and invite all their friends and family members to a large party which is not officially a wedding. The love birds do not obtain a marriage certificate from the State of Rhode Island and Providence Plantations or any other state. However, at the party the couple announces to all their friends and family in attendance that they are married and they consider this their wedding, they couple moves in together the next day. The woman puts he significant other on her health insurance at work. They are in all likelihood married by common law after just 1 week!

In order to prove a common law marriage in RI Family Court, a  boyfriend and girlfriend or a same sex couple must prove by clear and convincing evidence that they “seriously intended to enter into the husband-wife relationship.” Demelo v. Zompa, 844 A.2d 174 “The parties conduct also must be of such a character as to lead to a belief in the community that they were married.” Demelo v. Zompa 844 A.2d 174 “The prerequisite serious intent and belief is demonstrable by inference from cohabitation, declarations, reputation among kindred and friends, and other circumstantial evidence.” Demelo v. Zompa, 844 A.2d 174

A very important factor to determine whether a party has met its burden of proof to establish the existence of a common law marriage is whether a couple holds themselves out to the community as husband and wife. The Rhode Island Family Court examines many factors,  lots of conflicting evidence and numerous factual allegations in making the Court’s determination as to whether there is a common law marriage or not.

The Providence Family Court looks at a totality of the circumstances not just usually 1 or 2 factors

The RI domestic Courts do not typically focus on any one particular factor, exclusively. If one important element is not proven or is not applicable, there could still be a common law marriage pursuant to the law of RI.

more...
No comment yet.
Scooped by David Slepkow
Scoop.it!

RI divorce FAQS- Slepkow Law

CALL RI Divorce Lawyer, David Slepkow 401-437-1100. Providence Family Court Attorney. Child Custody and visitation in Rhode Island.
David Slepkow's insight:

What does “no fault” mean in RI?


In certain states and countries it is required to prove fault grounds to obtain a marital dissolution from a spouse. In RI, it is not required to prove fault to get divorced. A litigant must prove irreconcilable differences that lead to the irremediable breakdown in the marriage in order to get a divorce. Irreconcilable differences in Rhode Island include poor communication, different goals and aspirations, affairs, domestic abuse, fell out of love or anything.


If husband or wife desires to end the union, then that spouse can obtain a divorce in RI if he or she is able to prove that the Court has jurisdiction to hear the cause of action. No fault in RI, does not mean that fault is not important! Fault can be extremely significant in RI. If a husband or wife can establish by a preponderance of the evidence that other party is at fault for the breakup of the marriage, then they can go after more than 50 percent of the marital estate. Fault is not usually relevant to determine whether a spouse is entitled to alimony / spousal support in Rhode Island.


There are dozens of different deleterious behaviors that could result in a disproportionate division of the marital assets. These include: alcoholism, drug addiction, domestic assault, extramarital affairs (cheating), abusive behavior, gambling, emotional abuse, sexual abuse, financial mismanagement, criminal activity, abandonment, etc.


Is there a residency requirement to get divorced in RI


A litigant may not file for divorce in RI unless he or she has been a domiciled inhabitant and resident of Rhode Island for one year next prior to your filing the complaint for divorce.

If you are active duty in the military, are there exceptions to the residency requirement in Providence Family Court?

Pursuant to RI  Family law, there are different rules for people stationed in the military who previously resided in Rhode Island.

more...
No comment yet.
Scooped by David Slepkow
Scoop.it!

Navigating Rough Waters - Divorce Process and Strategy - From Filing to Trial!

Navigating Rough Waters - Divorce Process and Strategy - From Filing to Trial! | RI Divorce Attorney | Scoop.it
This article Article adresses Rhode Island Divorce process and strategy from filing for divorce to preparation for trial. This article adresses the difference between a nominal and contested divorce, settlement of divorce, answers, the Nominal Court...
David Slepkow's insight:

This is part two of a two part series on the Rhode Island divorce process including divorce strategy. Part one, pertians to the initial stages of a divorce from finding a Rhode Island Attorney to filing for divorce. Please see below for a link to part one of this series.


This article discusses divorce strategy and the divorce process after filing for divorce. This article is for informational purposes only and does not constitute legal advice. It is a very bad idea for a person to represent themselves in a Rhode Island divorce without a lawyer.


Nominal or Contested Track


When a Rhode Island divorce is filed, the case is put onto one of two tracks, the contested track or the nominal track. The Plaintiff in their initial divorce filing designates the track they desire. The vast majority of divorces filed in Rhode Island are placed on the nominal divorce track. A designation on the "nominal track" does not necessarily mean that the divorce will be uncontested. It usually means that the party who filed believes that the case can be settled relatively quickly or wants the divorce to be settled relatively quickly.


Answer to Divorce Complaint


The defendant must file an answer to the divorce within 20 days of service and absolutely no later than the nominal court date or any motion date. If the Defendant does not answer the case he is subject to being defaulted. A default is when the defendant does not answer the case on a timely basis and the Plaintiff will usually get all of the relief that he or she requests.


Nominal divorce


If the case is put on the nominal track then the clerk will automatically set a nominal divorce hearing upon the Plaintiff filing for divorce. This hearing will typically be scheduled from 65-70 days after the Plaintiff files. In the event that the divorce is not settled by the nominal divorce date then the case will automatically be changed to the contested track.


If the matter is not settled by the nominal court date and both parties want to try to resolve the remaining issues in court and believe it is possible to resolve the remaining issues, then the parties can attempt to settle the case in the hallway or conference rooms in the courthouse and put the case through as a nominal uncontested divorce on that date.


If the defendant has not filed an answer, it is dangerous for the defendant to not appear in court at the nominal court date based on representations made by the other party.

There have been many occasions when a souse has assured the other party that it is not necessary to appear in court and not necessary to file an answer and the defendant is defaulted and the other spouse gets 100 percent of the assets of the marriage.

more...
No comment yet.
Scooped by David Slepkow
Scoop.it!

Residency Requirements to Obtain a Rhode Island Divorce - Slepkow Law (Est. 1932)

In order to obtain an absolute divorce in Rhode Island and Providence Plantations Family Court, either the husband or wife must be a domiciled inhabitant and resident of RI for one year next prior to to the filing of the complaint for divorce in RI Family Court. If the Plaintiff is not able to meet …
David Slepkow's insight:

In Rogers v. Rogers the Rhode Island Supreme Court determined that “The Family Court was established by the General Assembly as a court of limited jurisdiction. G.L. 1956 § 8-10-3. Under § 8-10-3(a), the Family Court has the authority to “hear and determine all petitions for divorce[.]” Specifically, subject-matter jurisdiction with respect to petitions for divorce is governed by § 15-5-12(a), which provides in pertinent part: “No complaint for divorce from the bond of marriage shall be granted unless the plaintiff has been a domiciled inhabitant of this state and has resided in this state for a period of one year next before the filing of the complaint * * *. Barbara A. Rogers v. Robert F. Rogers, Rhode Island Supreme Court,https://www.courts.ri.gov/Courts/SupremeCourt/OpinionsOrders/pdf-files/10-106.pdf

“Section 15-5-12(a) plainly states that a divorce complaint will not be granted unless a plaintiff “has been a domiciled inhabitant of this state and has resided in this state for the period of one year next before the filing of the complaint * * *.” (Emphases added.) This language does not require that the party remain a domiciled inhabitant or resident of the state for the petition to be granted; rather, the statute refers to the domicile and residence of the plaintiff at the time the divorce complaint is filed” Id.
https://www.courts.ri.gov/Courts/SupremeCourt/OpinionsOrders/pdf-files/10-106.pdf

(There are statutory exceptions pursuant to RI law for people in the armed forces (army, navy, air force, marines, military) who are stationed in other states or countries)

In the event that you do not meet the residency requirements to get divorce in Providence Family Court then you need to consult with a lawyer in a State where you do meet the residency requirements.

In the event that you are actually residing in RI but do not satisfy the residency requirements to obtain an absolute divorce in RI, you still may be able to obtain the benefits and protections of The Rhode Island Family Court. There are other causes of action that do not require 1 year residency. A complaint for separate maintenance without filing for divorce may allow you to deal with issues concerning: temporary alimony, property rights, child custody, child support, child visitation, payment of marital expenses, payment of the mortgage, restraining orders, etc. A Complaint for Separate Maintenance without filing for divorce is the closest thing that RI has to a legal separation. A divorce from bed and board and future cohabitation, which is rarely filed, may be another option of evading residency requirements.

more...
No comment yet.
Scooped by David Slepkow
Scoop.it!

Rhode Island Divorce Law: Alimony in RI

David Slepkow's insight:

The Rhode Island (RI) Supreme Court Stated "Alimony is a rehabilitative tool intended to provide temporary support until a spouse is self-sufficient, and is based purely on need." Berard v. Berard The Rhode Island Alimony statute is set forth

Find More Legal Articles

below. You should contact a Rhode Island Divorce Lawyer to get legal advice concerning your case.

Generally, Alimony is awarded for a specific period of time, in increments which are usually weekly or monthly. Alimony could be awarded as a result of a Divorce settlement. If a party requests alimony or is unwilling to waive alimony and the parties cannot agree to an alimony award, then alimony may be awarded at the divorce trial.

Temporary Alimony may be awarded by the Rhode Island Family Court towards the beginning of the RI divorce. This temporary Alimony award will stay in effect until the final decision by the Rhode Island Family Court Judge at the RI Divorce Trial.

The intent of alimony is rehabilitative in nature. "alimony should be 'payable for a short, but specific and terminable period of time, which will cease when the recipient is, in the exercise of reasonable efforts, in a position of self-support.'" Thompson v. Thompson

Alimony is usually awarded on a temporary basis but can be awarded on an indefinite and (perhaps what turns out to be permanent) basis if the facts justify indefinite alimony. The Rhode Island Supreme Court ruled that "Alimony may be awarded even for an indefinite period as long as the trial justice considers all the statutory factors."

Indefinite alimony may be ordered in a case where a party is seriously disabled or as a result of old age is unable to work. Indefinite alimony could also be awarded in a plethora of different factual circumstances.

The Court must look at "The health, age, station, occupation, amount and source of income, vocational skills, and employability of the parties" in making an alimony determination.

Ability to pay is a crucial factor in determining the amount of alimony and whether or not alimony should be awarded. There are many cases in which a spouse is in desperate need of alimony but the other spouse does not have the ability to pay sufficient alimony. In some cases, the spouse does not have an ability to pay because of a child support obligation to the other spouse or child support owed for other children.

Furthermore, according to The Rhode Island Supreme Court, "Section 15-5-16 does not explicitly prohibit one lump-sum award." However, lump sum award alimony appears to be disfavored under RI Law.

The best candidate for alimony is a spouse who put aside his or her career ambitions for many years to be a homemaker and care for the children. As a result of the role of nurturing the children and establishing and maintaining a home, the other spouse was able to advance his or her career in order to be able to afford to pay alimony.

In some cases, the family made a decision that one parent would put aside his or her career aspirations to raise a child or minor children. As a result, the homemaker's skill set is so outmoded that he or she is unable to obtain suitable employment. This is usually because the homemaker's job skills, employment history, licenses, training, skills, experience or degrees became outmoded or irrelevant. Perhaps the person does not have enough of an employment history to be able to be self supporting and self sufficient without receiving alimony. In some cases the spouse is unable to work because the spouse currently has a physical custody and placement of a young child.

more...
No comment yet.
Scooped by David Slepkow
Scoop.it!

Uncontested Divorce in Rhode Island - Slepkow Law (Est. 1932)

CALL Rhode Island uncontested divorce attorney, David Slepkow 401-437-1100. Providence Family Court. Flat fee cheaper uncontested divorce in RI.
David Slepkow's insight:
There are three different Rhode Island (RI) uncontested divorce paradigms that I have seen:

1) No assets and no children


This is a true uncontested divorce! The parties have no assets, no real estate , no children and no joint debt. No property settlement agreement is needed. However, a significant amount of work is still required by the lawyer. The parties still must go to court for a nominal divorce hearing. However, this type of divorce takes the least amount of time for an attorney. Therefore, it should be less expensive. I believe that attorneys should offer flat a fee divorce when there are no assets and no issues to resolve.


2) Property division and / or children involved

In an uncontested divorce, the husband and wife agree to all or substantially all of the issues between the parties including if applicable property division, child support, child custody, child visitation, alimony, automobile issues, real estate issues, debt issues etc. However, despite the agreements, there may still be details to iron out! The parties may need a property settlement agreement memorializing their agreements.


If there are assets that need to be divided then the family law lawyer may need to prepare a property settlement agreement, deeds, mortgages, promissory notes, qualified domestic relation orders (QDRO) etc. For example, if the parties need to divide a retirement account the lawyer must prepare a qualified domestic relations order.


Therefore, the cost of the divorce could vary depending on the circumstances. For example if a lawyer has to draft a property settlement agreement than he/she will devote more time to the case.


What extra work is needed to divide a retirement account in a Rhode Island divorce?


In order to split a retirement account, Individual Retirement Account (IRA), pension, 401k, 403b, defined benefit plan, defined contribution plan or stock options, the lawyer must prepare a qualified domestic restraining order otherwise known as a QDRO so that there are no tax implications for the parties. That QDRO must be approved by the plan administrator for the retirement plan. It also must be entered as an order of the Family Court as well as sent to the plan administrator for implementation.

more...
No comment yet.