Rhode Island Family Law Blog

How can I show that the other parent is unfit?

On behalf of Rioles Law Offices posted in child custody & support on Thursday, November 14, 2019.

As a parent, your top priority will be to protect the interests of your child at all costs. If you share custody of your child with their other parent or if your child visits their other parent regularly, you will, of course, be invested in their safety and well-being when they are not in your care.

If you have a reason to be concerned about your child's well-being and safety when they are in the other parent's care, you will need to take action so that something can be done about this. To successfully modify the custody agreement, it will probably be necessary to show that the other parent is unfit.

Will equitable distribution benefit my divorce outcome?

On behalf of Rioles Law Offices posted in property division on Friday, November 1, 2019.

The way that your assets are divided in your divorce will depend on the state that you are filing in. While some states distribute marital assets equitably, others recognize the legal theory of community property. If you are filing for a divorce in Rhode Island, your marital assets will be subject to equitable distribution.

You may be wondering whether equitable distribution will benefit you financially. The answer to this is not simple, and it will depend on your specific situation. While the purpose of equitable distribution is to maximize fairness in the property division process, many people are dissatisfied with the result.

Child custody mediation as a solution for parents and kids

On behalf of Rioles Law Offices on Wednesday, October 23, 2019.

A child custody dispute can be one of the most drawn-out, heart-wrenching experiences parents face. Engaging in a custody battle can be exhausting and expensive. Can high-conflict custody litigation be avoided? Many family law courts and attorneys encourage alternative dispute resolution (ADR) negotiations to facilitate a voluntary custody agreement between parents.

Mediation is a form of ADR that some parents use to resolve child custody issues. Child custody mediation is a collaborative process involving both parents and a neutral third-party, with one common goal: do what’s in the best interests of your children. If you and your child’s parent agree on most custody terms, then mediation may be a wise choice.

Common factors that are considered when dividing property

On behalf of Rioles Law Offices posted in property division on Friday, October 18, 2019.

In Rhode Island, marital property is not automatically divided 50-50 when a couple files for divorce. This is because the legal theory of community property is not recognized. Instead, equitable distribution is used to divide the property.

This means that divorce courts take into account a wide range of factors when deciding how marital property and marital debt should be divided between spouses. The following are some of the most common factors that are considered.

What can I do if my spouse hasn't paid alimony?

On behalf of Rioles Law Offices posted in alimony on Friday, October 4, 2019.

Once your divorce has been finalized, you'll probably feel like a weight has been lifted off your shoulders. Now that all the divorce agreements have been put into place, you can look forward to a fresh start. However, if your ex is not paying you the alimony payments that they were ordered to, this dream of a fresh start may quickly turn into a nightmare.

You must hold your ex to justice as soon as they start failing to comply with an alimony order. There are several ways that you may be able to successfully gain the alimony that you are entitled to.

How can I get more visitation time with my children?

On behalf of Rioles Law Offices posted in child custody & support on Thursday, September 19, 2019.

The time spent with your children is likely to be the highlight of your day or week if you are a divorced parent. Unfortunately, many parents are not able to see their children as often as they would like. They may only be able to see their child on certain days or on alternate weekends, for example. This can be very distressing for both the parent and child, and it can also be detrimental to the bond that they share.

If you would like to modify the child custody agreement that is in place between you and your co-parent so that you can spend more time with your children, you must understand how the process is started. Following are some key things that you should know:

Important questions to consider in the property division process

On behalf of Rioles Law Offices posted in property division on Thursday, September 5, 2019.

If you are going through a divorce, there will be many important processes that you will have to go through. For example, you may need to establish child custody, child support and alimony. In addition, you will need to divide all marital property, which can be a stressful task.

You should make sure that you have a good understanding of issues that impact the way that property is divided during divorce as early as possible. This will help you make the most beneficial actions to protect your rights to your assets. The following are some important questions to consider in the property division process.

How can hidden assets and financial fraud affect your divorce?

On behalf of Rioles Law Offices on Wednesday, September 4, 2019.

Divorce brings about a multitude of emotions, such as anger, grief and worry. Additional feelings may include signs of distrust and a desire to beat your future ex-spouse in a divorce. Making sure they show all their assets helps ensure you’re treated equitably when it comes to splitting marital property.

Rhode Island courts need to know all the assets both you and your spouse possess before they can determine how to divide them fairly in your divorce, but not necessarily equally. Hiding assets and committing financial fraud are dirty tricks – but that doesn’t mean your spouse won’t try them.

Factors considered when awarding alimony in Rhode Island

On behalf of Rioles Law Offices posted in alimony on Thursday, August 22, 2019.

When a couple goes through a divorce, it means that they not only separate physically and emotionally but financially, too. Financial separation can be one of the most complex issues in a divorce because spouses are likely to have become financially intertwined over the years. It's also probable that one spouse will be set to suffer financially as a result of the divorce and the subsequent division of assets.

This is why there are provisions in place across the United States to attempt to make the divorce process as fair as possible. One of these provisions is the payment of alimony. Alimony is a temporary measure that sees one divorcing spouse pay their ex-spouse a certain amount of income for a certain amount of time. The following are the relevant laws that govern alimony payments in Rhode Island.

What expenses are child support orders intended to cover?

On behalf of Rioles Law Offices posted in child custody & support on Friday, August 9, 2019.

When you obtain an order for child support, the intent is to ensure that the child in question is financially supported by both parents. The cost of raising a child is high, not just because of the need for essentials like diapers and food. For example, custodial parents will likely need to pay higher costs for suitable housing accommodations for their children.

If you have been ordered to pay child support or if you are considering filing a child support claim, it is a good idea to take the time to understand what expenses child support is intended to cover.

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