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Family Law

Rhode Island Divorce Tips

Tips, insights and helpful suggestions for getting through a Rhode Island Divorce.
By Christopher Pearsall

Post Frequency: 3/day

Last Entry: February 11, 2011 at 14:27:12

An Insight into Divorce & Marriage by a Rhode Island Divorce Attorney

Posted on March 31, 2008
Marriage is perhaps one of the most interesting ceremonies in our culture. Many of us plan for months to get everything perfect. Flowers, Catering, Food, Photographer, Wedding Dress, Tuxedos, Bridesmaid's Gowns, Picture Locations, Table Centerpeices, Reception Location, Transportation, Invitations, Bouquet, Wedding Rings, Honeymoon, Wedding location ...

Get them Back to Work from a Rhode Island Divorce Lawyer

Posted on March 30, 2008
After eight (8) years as a Rhode Island lawyer dedicated to divorce and family law and another thirteen years in law here in Rhode Island, there is one situation that I have seen consistently and it almost always results in an unhappy husband paying alimony to his spouse...

Rhode Island Divorce Lawyer on Divorce Appeal Standards

Posted on March 29, 2008
There are two important standards that laypeople should know, especially if they hire an attorney to protect their interests. 1. You are not protected so that you can appeal if your attorney does not place your issues "on the record". In a divorce or family court proceeding issues are "on the record" if they are taken down by the stenographer...

Rhode Island Divorce Lawyer on Divorce Appeal Standards

Posted on March 28, 2008
There are two important standards that laypeople should know, especially if they hire an attorney to protect their interests. 1. You are not protected so that you can appeal if your attorney does not place your issues "on the record". In a divorce or family court proceeding issues are "on the record" if they are taken down by the stenographer...

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Rhode Island Divorce Attorney - Sale of the Marital Home, Can it be Deferred?

Posted on March 27, 2008
Yes, the sale of the marital home can be deferred if certain conditions are met. Generally speaking, the court will defer the sale of the marital home in a divorce when, after considering the finances of the parties, there are enough financial resources to sustain the home, both parties can still sustain reasonable standards of living, and deferring the home is in the best interests of the minor child(ren)...

Rhode Island Divorce Attorney - Sale of the Marital Home, Can it be Deferred?

Rhode Island Divorce Lawyer - How might equity loans be treated by the RI Family Court?

Posted on March 26, 2008
Equity Loans are very similar to mortgages. Usually they are loans secured by something of value, traditionally a piece of real estate that is worth more than the loan being taken out. A mortgage for an equity loan is typically recorded and though it can be a first mortgage on the property, it is often a second mortgage...

Rhode Island Divorce Lawyer - How might equity loans be treated by the RI Family Court?

What Results Can You Expect from a Seasoned Rhode Island Divorce Attorney?

Posted on March 25, 2008
During the course of my practice as a family law attorney I have represented a considerable number of people in a post-judgment capacity. In several cases I had the opportunity to review divorce judgments by other attorneys. When reviewing the divorce judgments both for background and for the sake of substantive arguments I noted several provisions that were clearly contrary to the client's interests...

Issues Rhode Island Divorce Lawyers Face.

Posted on March 24, 2008
The Rhode Island Family Court deals with numerous issues in divorces. There are primary issues that judge's handle on a daily basis that everyone should be aware of. In understanding these issues it is good to know that the area of Family Law grew out of Contract law...

Rhode Island Divorce - Affairs as a Fault Basis for Divorce

Posted on March 23, 2008
Laypeople and even Rhode Island Divorce Lawyers have argued with me that Rhode Island is a "No Fault" state. A "No Fault" state essentially means that Rhode Island does not recognize grounds that would cause one party to be more at fault for the breakdown of the marriage than the other spouse...

Rhode Island Child Support Lawyer - The Child Support Law

Posted on March 22, 2008
It may be helpful for those trying to understand Rhode Island Child Support to actually have the Rhode Island Child Support Statute in front of you. In fact, if you have to go before the court to a hearing on child support it is best to either know the statute very well or to take a copy of it with you...

Paying for your Rhode Island Divorce Lawyer

Posted on March 21, 2008
Paying for your Rhode Island Divorce Lawyer doesn't come cheap depending upon who you hire. Many people feel trapped and unable to file for divorce simply because they don't have the monies to hire a decent Rhode Island Family Lawyer. However, if you have a credit card, whether it is in your own name or jointly held with your spouse, that credit card can be used to hire the lawyer...

A Rhode Island Lawyer's Story about a Business in an RI Divorce Case.

Posted on March 20, 2008
Tom has a small label-making business that makes about $24,000 a year working on the weekends. He has been in business for about 6 years but hasn't been able to increase the revenues from the business above $24,000 a year. Tom meets Phoebe but after three (3) years Tom realizes it was a mistake and he files for divorce...

Rhode Island Attorney - What is Pre-Marital Property in a Rhode Island Divorce Proceeding?

Posted on March 19, 2008
What is pre-marital property for purposes of a Rhode Island Divorce? Seems like a pretty straight-forward question to address in a Rhode Island Divorce, doesn't it? You'd think that it is just property that either spouse owned prior to the marriage. Makes logical sense doesn't it?!? I've often wondered if the law needs to complicate things or if it's provisions just lend us a helping hand...

Rhode Island Divorce Attorney - Thoughts on Inheritances!

Posted on March 18, 2008
Rhode Island divorce and inheritances can and often do become a little more complicated than most parties in a divorce action would like. As with most divorces there can be quite a bit of emotion by one party or both and the instinctual nature of the parties is to try to apply common sense to what should happen to an inheritance in a divorce...

Rhode Island Divorce - When is a Gift really a Gift?

Posted on March 17, 2008
Did you ever think that a gift that you were given could become a contentious part of your Rhode Island Divorce? Most people would never even think of it because gifts, on the surface, are very straight-forward. I mean, just think about it. There is the person giving the gift and that person is considered to be the owner of that object...

Rhode Island Divorce - Do the Rules Apply?

Posted on March 16, 2008
All the courts in Rhode Island have rules upon which they operate and which are supposed to govern their administration and substantive processes. The Rhode Island Family Court is no exception. The rules are called the Rhode Island Rules of Domestic Relations Procedure...

Rhode Island Divorce Lawyer - Tips about Your Marital Home

Posted on March 15, 2008
Retirement accounts in divorce actions usually include any number of types of accounts. The following are just a few. Annuities Pensions 401(K) Plans 403(B) Plans SEP Plans (Simplified Employee Pension Plans) IRAs (Individual Retirement Accounts) Both prior to and during the course of many marriages retirement accounts are formed and appreciate...

Rhode Island Divorce Attorney - Dealing with Credit Card Debts

Posted on March 14, 2008
Credit cards are often one of the most consistent types of debts that is dealt with in Rhode Island Divorce case. Credit cards can pose their own divorce difficulties. Some years back, at the beginning of my divorce practice, I thought that credit cards would create the same issues as any other debts...

Rhode Island Divorce Tip on Legal Custody

Posted on March 12, 2008
Beyond any doubt it is the minor children of any divorce that are of most concern to the court and many times to the attorneys involved in the cases. As I have heard stated by several Rhode Island Family Court judge's, "it is one of our supreme responsibilities to attend to the protection and safety of the children within our borders"...

Rhode Island Family Law Attorney - Visitation Basics

Posted on March 11, 2008
Visitation is a rather straightforward concept. It is the right of a non-placement parent to spend time with his or her children. Visitation may be supervised or unsupervised. The vast majority of visitation is unsupervised. This generally occurs in one of three ways...

Rhode Island Family Law Attorneys Tip - Understanding Placement

Posted on March 10, 2008
"Placement" or "Physical Placement" is often confused by laypeople with "Legal Custody" in divorce matters and post divorce relief. Without repeating the last section let's get into what "Placement" or "Physical Placement" is in a Rhode Island Divorce proceeding...

Rhode Island Child Support - A Different Perspective

Posted on March 08, 2008
Rhode Island Child Support is calculated based upon the Rhode Child Support Guidelines which were authorized on September 14, 2007 and went into effect on November 1, 2007. For those who aren't that familiar with the calculation of the child support itself in the Rhode Island Courts, it is based substantially on the combined gross income of the parents of the child(ren) who are to be supported...

Exerpt of an Interview with a Rhode Island Divorce Lawyer

Posted on March 07, 2008
All Rhode Island Divorce Attorneys and Family Law Lawyers are NOT created equal! Why? Let me explain. The yellow pages and the internet are littered with advertisements for lawyers offering divorce services. But the Rhode Island Supreme Court licenses ALL attorneys in the general practice of law...

Rhode Island Divorce - Dating and When to Start

Posted on March 06, 2008
Though I am a Rhode Island Divorce Attorney, you don't have to have any experience in law whatsoever to know your own heart. Now, let me preface this article by saying that I am not advocating dating before your divorce is finalized. In fact, depending upon which judge you go before in the Rhode Island Family Court System, their philosophies on adultery vary and it could very well affect the outcome of your divorce in more ways than one...

Rhode Island Child Support: What is Earning Capacity?

Posted on March 05, 2008
In a Rhode Island family law proceeding, usually involving the establishment or modification of child support, you may hear the judge or an attorney state that perhaps one or the other of two parents need to have an earning capacity set. Yet what is an "earning capacity" and what affect might it have on the child support at issue? Earning capacity is generally raised when one or the other of two parents is alleged to "not be pulling their weight" so to speak when it comes to the amount of money they could or should be earning in order to...

Rhode Island Divorce Attorney - What is an Uncontested Divorce?

Posted on March 03, 2008
When searching for a divorce attorney I find that many of the calls I receive have the caller telling me something like this, I have an uncontested divorce. My wife and I have agreed on everything so there should be very little you have to do. How much do you charge for that? Regrettably it isn't that easy...

Rhode Island Visitation Lawyer: Motions to Enforce Visitation

Posted on March 02, 2008
Do you have visitation enforcement issues that you need to bring before the Rhode Island Family Court? You may have more difficulty than you anticipate. Although it is great to be optimistic and to think that all parents will be given the benefit of the doubt when it comes to visitation with their children...

Rhode Island Divorce Attorneys - What are you paying for?

Posted on March 01, 2008
When hiring a Rhode Island Divorce Attorney, or even when shopping around for one, you want to know what you are paying for. The best way to do this is to compare the "Fee Agreement", "Retainer Agreement" and/or "Engagement Letter" provided by each attorney...

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