Divorce Articles
Below you will find a selection of divorce related articles authored by Rhode Island divorce lawyer, David Slepkow. These articles are related to divorce in Providence Family Court. If you want to find other family law, divorce or custody articles and blog posts, please visit David Slepkow’s divorce law blog here.
Divorce Articles by Attorney David Slepkow:
Alimony in Rhode Island Divorce
Rhode Island Divorce Lawyer David Slepkow answers the following questions concerning Rhode Island alimony: Who Qualifies for an Alimony award in Rhode Island Family Court? What Factors must a Rhode Island Family Court Judge look at to determine whether a person qualifies for Spousal support in RI Family Court? If a person qualifies for spousal support, what factors must a judge or general magistrate look to determine the duration of alimony and the amount of alimony? What is the interrelationship of RI child custody, visitation and Child Support to a determination of alimony in RI? David discusses some issues concerning taxation and alimony and bankruptcy and alimony as well as contempt for failure to pay RI alimony. David includes a copy of the RI statutory law concerning alimony / spousal support.
This extensive RI divorce post by a Rhode Island divorce lawyer explains the Divorce process in RI and Providence Plantations from pre-filing decisions through a contested trial on the merits including divorce strategy. This legal article takes a potential litigant, husband or wife, through the entire Providence Family Court process from the initial stages of finding a Rhode Island divorce attorney to eventually entering final judgment of divorce. This extensive post includes information about uncontested divorces as well as highly contested divorce in Rhode Island. This matrimonial dissolution article explains the initial steps of selecting and obtaining an East Providence Family Law Lawyer, drafting the papers, seeking a divorce and the decision process at the commencement of the divorce. There is also information here concerning motions for temporary alimony, restraining orders / complaints protection from abuse & emergency motions.
This post explains the RI Divorce process from filing a divorce complaint to trial by a Rhode Island family law attorney. This article addresses the difference between a nominal and contested divorce, settlement, answers to divorce complaint, the Nominal Hearing, residency laws and requirements, the discovery process and other issues concerning RI Divorce.
Inexpensive Flat Fee Uncontested Divorce Using a RI Family Attorney – No Entanglements, No Problem
An uncontested divorce is a divorce that a RI divorce attorney may be able to effectuate for a reasonable flat fee. Even in an uncontested divorce, the Providence Divorce lawyer and the parties must still attend court for a short, perfunctory hearing commonly known as a “nominal” hearing.
Frequently asked questions and answers written by a RI divorce lawyer concerning division of assets in a divorce. This RI divorce law article discusses what constitutes marital property in Rhode Island and Providence Plantations and what happens to the marital home upon divorce when there are children or a child. This divorce post defines “no fault” divorce in RI. This law related post also explains how “fault” such as alcoholism, gambling, domestic violence, drug addiction or extra marital affairs may influence equitable division of assets.
“No fault” divorce in RI does not mean that fault related issues do not play a role in a marriage dissolution cause of action! Fault issues may be significant in a Rhode Island divorce. If a party can prove that the other party is at fault for the breakup of the marriage, then they can seek a disproportionate share of the marital assets. Fault may also be a small / insignificant factor to determine whether or not husband or wife is entitled to spousal support.
Residency Requirements by a Rhode Island Divorce Attorney
What are the residency requirements and laws to file a divorce in Rhode Island? In Rhode Island a person must be a domiciled inhabitant and resident of Rhode Island one year next prior to filing their complaint for divorce. There are exceptions for people who are in active duty military service. Is it required by the presiding Justice to prove compliance with the residency requirements at the nominal divorce hearing in order to obtain a divorce? How does a litigant prove residency in Providence Family Court?
Deferred Sale of Marital Home for the Best Interest of the Child
Can a Justice of the Kent County or Newport County Family Court defer the sale of the marital real estate for the best interest of the child/children? If husband or wife requests a deferred sale of the former marital domicile, then the Washington County Family Court Judge must determine whether it is economically feasible for the person who is living in the home to pay the mortgage, liens, taxes and insurance on the home until the home is sold. The Judge will carefully examine the income of the resident parent, any alimony the parent receives, child support and other source of income to make those payments. The intent of this law is to prevent foreclosures, uninsured property, and deterioration of the marital home and to protect the parents’ equity in the house.
Rhode Island Divorce Law FAQS. How Long Until It’s Over? Residency Laws & “No Fault”
This RI divorce law post addresses the following query: What length of time does it take to complete a divorce in Rhode Island? When someone says “no fault” divorce, what does that mean? How do I prove my residency at the nominal divorce hearing in order to obtain a final judgment of divorce?
Rhode Island Divorce – “Post Divorce Do’s And Dont’s” -Family Law & Child Support by a RI Lawyer
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 visitation & custody in Rhode Island. The article gives helpful advice about payment of alimony and modification and termination of alimony. The article also contains helpful information concerning modification of the final judgment of divorce based on a substantial change of circumstances and contempt for failure to pay alimony, child support or comply with the terms of the final judgment of divorce.
Rhode Island Common Law Marriage
Under Rhode Island law how is a common law marriage established. This article explains the necessary elements to establish a common law marriage in RI. In Rhode Island a common law marriage must be proved by clear and convincing evidence. The litigant must establish a serious intent to enter into a marriage as well as cohabitation, declarations and reputation in the community that you are married.
Which Parent is Entitled to Claim a Minor Child As a Dependency Exemption For Federal and State Tax Purposes?
Under federal law the parent with physical custody/ placement of a minor child automatically can claim the minor child unless that parent signs a form agreeing that the other parent may claim the child in a particular year. The Feds do not care what the property settlement agreement or any state court orders declare. Nonetheless, if a person does not comply with a state court decree or other contract the other parent can seek justice or a contempt finding in providence Family Court.
Divorce and Real Estate Law – What Happens to Marital Domiciles?
There are dozens of possible outcomes concerning the marital domicile. In some case the real estate is sold and the net proceeds are divided. In other cases, the court defers the sale of the former marital domicile in the best interest of the minor child.
Divorce and Real Estate Law – Living Together During the Divorce – A Nightmare Or a Necessity?
Issues concerning the marital domicile and real estate are often the biggest issues that divorcing couples must resolve. The issues of real estate and divorce are often intertwined with complex issues concerning custody of a child, child support, division of marital property, debt and other divorce related matters.
Child Custody Law in RI- The Responsibilities of the Guardian Ad Litem For the Minor Child in Providence Family Court
This article explains the role of the guardian ad litem in RI custody, visitation and physical placement causes of action. In Rhode Island, A guardian ad litem is an individual, usually a RI attorney, who represents the hypothetical best interest of the minor child in a child custody, visitation or other type of domestic case. The Guardian is not a lawyer for the minor child!