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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If my ex-spouse need to pick up our children at a different time from that stated in our custody agreement, do we need to alter the agreement, or is a verbal agreement enough?

As an attorney, my answer is almost always going to be “get it in writing.” While you may have the most amicable divorce in the world, you never know what the future may hold. Contracts fill the gaps left when human trust fails. If this is a one-time, or two-time situation, a verbal agreement might…

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What are the benefits of choosing mediation over litigation in a divorce?

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.…

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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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