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Child Custody, Establish a Parenting Plan

Posted by Christopher Heberg

The decision has been made and action was taken by filing for divorce or a Petition for Custody. Whether your case is by mutual agreement or contested, what must be agreed upon is the direction for raising your children. Whether you are the parent who has gained physical placement of your children or the parent who has visitation, you need to make sure that you are parenting together.

Your child has (or children have) the right to freely love both parents. While you may have bitter feelings or feelings of indifference towards your ex, you must not let those feelings ruin your child’s relationship with you or their other parent. You may find out that those feelings may have a greater negative impact on your relationship with your child/children than expected.

Putting together a parenting plan will help each party see that the needs of the children are the utmost priority. If the parties cannot agree, the courts will ultimately intervene to resolve visitation, support and custody. When a Judge intervenes they will not do what they think is best for you or your spouse’s particular situation, but do what they think is best for the entire case in general and this may not be anything close to how you wished your case to resolve. [Read more...]

What You Need to Know Before Your Divorce

Posted by Christopher Heberg

A divorce can be an extremely difficult period for Families. Often a basic lack of understand of the law and the procedure of your divorce case through the Court can heighten a person’s anxiety, As such, you should proceed with your divorce with at least a basic understanding of how the Court will apply the law to your case. For Rhode Island residents, here are two important areas of divorce law you should be aware of:

Property Division
In compliance with the General Laws of Rhode Island, property is divided equitably. RI is not a community property state. While everyone starts out with at least 50% of the marital estate, this does not mean a judge will grant you exactly 50% of your assets. In order to determine the fair percentage of the assets you will be entitled to, a Judge must consider the following: the conduct of each spouse throughout the marriage, the length of the marriage, the age and physical health of each spouse, the vocational skill or employment capability of each spouse, the contribution of each spouse to the home, and the necessities of each party for capital.

Alimony
A common misconception is that alimony is synonymous with child support payment. This is not the case: A former spouse can request alimony payment for a number of reasons, including rehabilitative alimony or alimony as reimbursement. However, the RI Supreme Court has been very clear that Alimony in RI should be granted only when a party is in need of rehabilitation. Generally, the amount of alimony a person receives is based directly upon the need of the recipient and the ability to pay of the payor. As the traditional precepts of marriage and gender roles fade away, an increasing number of former husbands are seeking and receiving alimony payments as results of divorce.

If you are considering divorce and have questions, please contact us to schedule a consultation.

Do I need to file something when kids are emancipated?

Posted by Christopher Heberg

Additional Information:

One of my kids is graduating from Providence College next month. The settlement agreement says kids are emancipated upon completion of a four year degree. Can I stop paying child support as soon as he graduates or must I file something with the Court?

ATTORNEY ANSWER:

Interesting question. I think you probably must file a motion to stop the payment of support. While support in RI normally terminates upon graduation form high school, it sounds like you contracted to pay for a longer period of time. As such, it may be necessary to have a court affirm that the obligation is over. Moreover, RI has recently passed legislation allowing for child support to essentially go on permanently and you want to make sure you get a definitive ruling terminating your obligation. [Read more...]

Will my ex get half of my house and 401K even though we’ve been separated for years?

Posted by Christopher Heberg

Additional Information:

Can my wife that I have been separated from for 30 years get half of my house and 401k? I married my wife in ’82 and we separated in ’85. We didn’t get divorced but we are both seeing someone else. She has her own place and also retirement benefits from her job, so can she really get half of my home in Elmwood and take half of my 401k when we get divorced?

ATTORNEY ANSWER:

Unfortunately, she has a very solid claim to ½ of your home. Of course you also have a claim to ½ of her 401k or home. Any assets acquired by either of you are subject to potential division. In your case, you may be able to argue that she never contributed to the acquisition or preservation of the asset and as such should not be entitled to the home. However, your failure to file a divorce in over thirty year unfortunately has consequences. [Read more...]

Attorney Profile on Thumbtack

Posted by Christopher Heberg

RI Divorce Attorney Profile

What are the requirements for an annulment in RI?

Posted by Christopher Heberg

Additional Information:

My boyfriend and I got married 3 months ago, and I now realize we rushed into things. How do I know if I am eligible for getting an annulment in Rhode Island?

ATTORNEY ANSWER:

Unfortunately, the fact that you rushed into it is not a basis for an annulment. While you certainly may regret getting married, unless you can prove that you had no idea what you were doing when you married or did not marry the actual person you thought you were marrying, you have little or no chance to annul a marriage. [Read more...]

Do we have to get divorced or can we remain separated indefinitely?

Posted by Christopher Heberg

Additional Information:

I left my husband a couple of years ago and moved out of state (I’m in Cranston, Rhode Island now but we were married in Boston). When I moved, we just needed some time apart. I don’t plan to remarry and don’t expect he would either. Are there any issues with remaining separated indefinitely or do we actually have to get divorced?

ATTORNEY ANSWER:

Absolutely, you have many issues. First, all assets acquired during your separation are most likely subject to division. Of course, this also means that any debt each of you acquires may be subject to joint responsibility. If you have children, a prolonged separation could have a significant affect on custody and visitation. If you plan to stay separated you should talk to a good attorney as soon as possible. [Read more...]

When we divorce, will I be responsible for half of my wife’s school loan?

Posted by Christopher Heberg

Additional Information:

My wife and I are getting divorced. She took out a loan so she could go back to school at URI. She said she would use the degree to get a job, but she hasn’t finished the program so technically the “community” hasn’t benefited from her going to school. Will I be liable for half of the loan?

ATTORNEY ANSWER:

You probably will not have to contribute anything to your wife’s school loans. School loans in RI almost always stay with the person who incurred them and are not subject to marital distribution. [Read more...]

Will he be entitled to half of our property when we divorce?

Posted by Christopher Heberg

Additional Information:

My husband married me for my family’s money. We’ve been married for 5 years, have 3 kids and a house worth $2.5 M in East Greenwich. He took care of all the finances and I just found out that he has depleted our bank accounts. He came into the marriage with next to nothing ($10K) I thought he truly loved me but now I see that he doesn’t care about me or the kids, he was just interested in my family’s money. I now see why we should have signed a prenuptial agreement. Will he be entitled to half of our property when we divorce?

ATTORNEY ANSWER:

I can obviously understand your concern, however, without much more information I cannot answer your question completely. Notwithstanding, inherited property is NOT subject to distribution in a divorce. However, if you take inherited property and commingle it by putting your husbands name on the property, you could end up having to share that with him. He will be entitled to a portion of the property that is marital in nature. Martial property generally does not include inherited property, gifted property and pre-marital property. Of course there are always exceptions and you should speak to a good divorce lawyer to learn about your rights. [Read more...]

In RI am I entitled to 50% of my wife’s inheritance?

Posted by Christopher Heberg

Additional Information:

My wife and I have been married for 21 years. We were high school sweethearts in Cranston, RI. Throughout our marriage, I supported her and the kids and she’s always been a stay at home mom. We are now going through a divorce and she just received an inheritance of over $200,000. Am I entitled to 50%?

ATTORNEY ANSWER:

No you are not entitled to a portion of her inheritance. Inherited property is specifically excluded from the marital estate by Rhode Island law. However, if she commingles the money into a joint account, you may be able to make some claim to it.
[Read more...]