How do courts determine if relocation of a child to another state during a divorce is acceptable?

In situations where a custodial parent wishes to relocate with a child, the court will determine whether child custody relocation is in the best interests of the child. While a parent is free to relocate out of state themselves without the child or with the permission of the other parent to take the child, the…

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My client came to me after the mother of his young daughter moved to Worcester without an order of the Court or his agreement…

My client came to me after the mother of his 8 year old daughter suddenly moved with the child to Worcester, without an order of the Court or his agreement. He had already been awarded Joint Custody of his daughter by previous Court Decree. We initially tried to make the mother return the child to…

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Does Rhode Island divide property equally between the spouses during a divorce?

Rather than divide marital property equally, the State of Rhode Island General Laws require a Judge to divide it equitably. This means fairly and taking into account the good and bad behavior of both parties. Rhode Island generally considers “marital property” as any property—be it income, assets, real estate, or everyday items—that comes into possession…

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Ex-wife of client agreed to wave claim over his investment properties and businesses…

My client owned several investment properties and more than one business. Each of his properties was highly leveraged and contained questionable amounts of equity, but still threw off considerable income. The value of the businesses was in also dispute but again provided my client with significant cash flow. The wife was a W-2 employee, so…

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Through the basic discovery process and asking direct and pointed questions, I was able to completely flip leverage of the matter, ultimately awarding my client 50% of the marital estate…

My client initially presented to me as a severe alcoholic, who had been abusive to his wife and had furthermore diminished the value of the Marital Estate due to his bad behavior and spotty work history. Obviously, at first glance I was quite concerned about my clients credibility and uncertain how I could make certain…

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Wait–what do you mean I can’t deduct alimony on my federal taxes?

Alimony is a series of monetary payments to an ex-spouse that may be mandated as part of a divorce decree. Paying alimony can be an expensive and painful process—and it is about to get much more painful, thanks to changes to the federal tax code. At present, those paying alimony may deduct the payments on…

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What is a ‘gray divorce’ and how is it different from the typical divorce?

A ‘gray divorce’ refers to a split that happens between an older husband and wife, often after many years of marriage. With more and more couples over fifty, or even over sixty-five, choosing to part ways, the phenomenon has also earned the names, ‘silver splitter’ and ‘diamond divorce.’ While it might be unsettling to think…

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Is it true that Rhode Island courts favor mothers in child custody decisions?

Absolutely, unequivocally no. While it remains a common belief that courts favor, or are even biased for mothers in custody disputes, this is not the case. The belief stems from past practices and trends in court. When divorce became more common in the 1970s, society, including the judges within it, assumed a gendered division of…

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Hidden Cash Assets

The client hired Attorney Heberg as her second lawyer after terminating her first attorney. The case involved substantial cash assets that were in our clients possession, difficult to prove and posed significant tax ramifications for both parties. Unfortunately, the prior attorney had admitted to the existence of the cash savings. While our client was satisfied…

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Serving Divorce Notice To International Spouse

The client came to Attorney Heberg after visiting with several attorneys who told her she could not get divorced due to the fact they could not serve her husband, who lived internationally. The husband lived in India and had never been to the United States. Our client had two children, one who was a US…

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