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.  

Cranston Divorce Attorney, Christopher Heberg serves individuals and families in Cranston and the surrounding communities including Providence, Johnston, West Warwick and Warwick, Rhode Island.

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. 

Rhode Island Divorce Lawyer, Attorney Christopher Heberg serves individuals and families in Kingston, RI and the surrounding communities including North Kingston, Narragansett, Charlestown, Richmond, Exeter and West Greenwich.

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. 

East Greenwich Divorce Lawyer, Attorney Christopher Heberg serves individuals and families in the East Greenwich, RI and the surrounding communities including Warwick, North Kingston, Exeter, Coventry and West Warwick.

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.

Cranston Divorce Attorney, Christopher Heberg serves individuals and families in the Providence, RI region including Cranston, Coventry, Cumberland, East Greenwich, East Providence, Johnston, Lincoln, North Kingstown, North Providence, Pawtucket, Riverside, Smithfield, Warwick, West Warwick, Warren, Woonsocket, Bristol and Barrington, Rhode Island.

Can the provisions of a divorce be changed after finalization?  I don’t think we considered all of the children’s expenses when we were getting divorced.  Now that the divorce is finalized and we’re settled into our new apartment in Providence, I don’t have enough money to do the things I want to do or that the kids want to do with the child support and alimony from my ex.  What is the process in RI to change the divorce agreement?   What should I do?

ATTORNEY ANSWER:

Generally, all provisions in a divorce agreement relative to the distribution of assets and debt are NOT modifiable, without an agreement by the parties. Child custody, support and visitation as well as some Alimony provisions are always modifiable by filing motions in the Family Court.

Providence Divorce Modifications lawyer Attorney Heberg serves individuals and families in the Providence, RI region including Cranston, Coventry, Cumberland, East Greenwich, East Providence, Johnston, Lincoln, North Kingstown, North Providence, Pawtucket, Riverside, Smithfield, Warwick, West Warwick, Warren, Woonsocket, Bristol and Barrington, Rhode Island.

I have been separated (not legally) from my husband for over a year and half. I live in Barrington and he lives in Bristol. We are both on good terms and share custody of our 2 children.  He currently pays for daycare for our son and I’d like to ask him to help with half of the children’s medical/dental expenses.  We have no assets to split, should we look into mediation?

ATTORNEY ANSWER:

The absolute best way is to spend an hour sitting with a qualified Divorce attorney who can advise you and discuss your case. You raise issues that probably require a thorough explanation and discussion. Mediation is not always a good option, particularly because someone or both of you will have to hire attorneys after the mediation. The end result is paying three attorneys instead of two.

Barrington RI divorce lawyer Attorney Heberg serves individuals and families in the Providence, RI region including Cranston, Coventry, Cumberland, East Greenwich, East Providence, Johnston, Lincoln, North Kingstown, North Providence, Pawtucket, Riverside, Smithfield, Warwick, West Warwick, Warren, Woonsocket, Bristol and Barrington, Rhode Island.

ATTORNEY ANSWER:

Your IRA probably can not be garnished. Most tax qualified retirement assets are protected from Judgments and garnishments. An order for child support would fall under this rule. You should be ok.

RI family law lawyer Attorney Heberg serves individuals and families in the Providence, RI region including Cranston, Coventry, Cumberland, East Greenwich, East Providence, Johnston, Lincoln, North Kingstown, North Providence, Pawtucket, Riverside, Smithfield, Warwick, West Warwick, Warren, Woonsocket, Bristol and Barrington, Rhode Island.

Do a husband and wife both have to be present to file a joint petition for an uncontested divorce in Rhode Island?  Do we have to go together or can we go separately?

ATTORNEY ANSWER:

You may go separately but there are legal requirements that must be met if you go alone.

RI divorce attorney Christopher Heberg serves individuals and families in the Providence, RI region including Cranston, Coventry, Cumberland, East Greenwich, East Providence, Johnston, Lincoln, North Kingstown, North Providence, Pawtucket, Riverside, Smithfield, Warwick, West Warwick, Warren, Woonsocket, Bristol and Barrington, Rhode Island.

I separated from my husband in 2008 & moved to Providence, RI from NY. How can I get divorce if we have no contact? We did not have any children from marriage but I do have a ten year old from a previous marriage. We parted on bad terms and I have no way of contacting this man as I do not know where he moved to after I left. How hard is it to get a divorce in the State of Rhode Island?

ATTORNEY ANSWER:

So long as you have been living in RI for at least one year continuously prior to the date you file, you may divorce here. It is very important to use best efforts to locate your husband. If we absolutely can not find him, then we may need to utilize the advertisement and publication of notice process. This can be costly and time consuming.

Providence divorce lawyer Attorney Heberg serves individuals and families in the Providence, RI region including Cranston, Coventry, Cumberland, East Greenwich, East Providence, Johnston, Lincoln, North Kingstown, North Providence, Pawtucket, Riverside, Smithfield, Warwick, West Warwick, Warren, Woonsocket, Bristol and Barrington, Rhode Island.

ADDITIONAL INFORMATION:
I am separated from my husband and we are behind on our mortgage for the house in Warwick RI. We are currently 3 months behind on our mortgage payments and have been separated for 6 months. My husband is refusing to cash in $70K in stock to help pay the monthly mortgage. Can a judge order him to sell his stock?

ATTORNEY ANSWER:
Probably not. It would be unusual for a judge to order a tax qualified retirement plan to be liquidated to pay for marital debt. However, he can order your husband to be responsible for the debt and make him make payments toward the debt. He can also, force your husband to split his retirement plan with you so that you can then choose to do as you see fit with your share of the money.

Warwick divorce lawyer Attorney Heberg serves individuals and families in the Providence, RI region including Cranston, Coventry, Cumberland, East Greenwich, East Providence, Johnston, Lincoln, North Kingstown, North Providence, Pawtucket, Riverside, Smithfield, Warwick, West Warwick, Warren, Woonsocket, Bristol and Barrington, Rhode Island.