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…
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…
When most of us think of divorce, we often fear custody battles, endless legal filings, and costly court proceedings. The process of divorce can seem daunting, and the emotional aspects of a marriage’s dissolution can be painful. But what if there was another way? Another, more collaborative and sometimes less expensive way? There is: mediation.…
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…
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…
Child support is a court-ordered financial obligation ordered to be paid from one parent to another. When two parents of a child separate, the court will issue a judgment against the non-custodial parent (the parent with the lesser amount of parenting time) to make a monthly payment to the custodial parent (the parent with the…
Would you think that worrying about what happens to a dog or cat during a divorce is silly? Probably not if you are a pet lover. When a couple decides to divorce, the concern over who gets the family pets is common. Pet lovers do not buy an animal, they adopt a family member. Unfortunately,…
Once a divorce is finalized and the Final Judgement is field with the court a litigant can finally relax. However, life is unpredictable and circumstances can, and often do, change over time. In Rhode Island, if an earlier Court order or Judgment no longer suits the parties because there has been a substantial change in…
The emotional repercussions of the breakdown of a marriage make divorce one of the most complicated and difficult of all legal processes. However, complicated court appearances and stressful litigation is not always necessary. For those that are comfortable with settling out of court, collaborative law is an option. What is Collaborative Law and is it…
Unfortunately, a spouse often will rely upon false allegations during child custody and divorce to gain advantage in the proceedings. One spouse points the finger at the other and receives a restraining order from the court. The wife or husband recognizes that doing this will, almost by default, give them custody of the children and…
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