If a child’s parents do not live together, relocation can pose difficult problems related to custody and visitation. When one parent with primary custody relocates to another state, the move may affect the other parent’s ability to visit the child. In deciding whether to grant or deny a relocation request,…
Rhode Island matrimonial law generally entitles a divorcing spouse to a portion of the other spouse’s retirement or pension assets that accrued during the marriage. This general rule appears to be straightforward, however, it can be distorted in practice. An especially difficult situation can arise when a spouse remarries after…
When parties undergo divorce proceedings, they must fully disclose their assets. The trial court will then determine which assets are separate property and which are marital property subject to equitable division between the parties. However, issues arise when a party is dishonest about the existence or value of their assets.…
Long after two parties have reached a divorce settlement, one party may discover marital assets that other party failed to disclose during the settlement process. When a person actively conceals a marital asset, their ex-spouse may seek a new settlement equitably dividing the asset between the parties. Those seeking to…
As divorces and custody claims have become more complicated and contentious in recent years, sometimes the laws of multiple states must be addressed in evaluating the parties’ claims. Generally, the law of the state where an action is properly filed will determine how a judge addresses each party’s claims. Sometimes,…
The Rhode Island Rules of Professional Conduct, which govern the practice of law in the state, set standards defining when it is inappropriate for an attorney to represent a client based on conflicts of interests. Generally, an attorney cannot represent a client in an action against a former client of…
Divorces and child custody cases can be some of the most conflict-ridden and emotionally charged legal disputes that are addressed by Rhode Island courts. Many parties to these disputes are so overcome with emotion from the conflicts that led to the legal filings that compromise and agreement can seem out…
Courts that are tasked with a fair and equitable property division as part of a divorce proceeding must consider many factors when dividing a marital estate. In marriages where one of the parties maintain a significantly higher earning ability than the other after the divorce, simply dividing the existing marital…
For many people seeking a divorce, the most desired result is simply the end of a marriage, and not much else needs to be determined. Most divorces in Rhode Island are not this simple. As part of the dissolution of a marriage, Rhode Island Law provides courts the authority to…
When a Rhode Island couple chooses to go through a divorce, one of the largest issues for the court to determine is the division of marital property between the parties. Bank accounts, retirement accounts, and financial instruments can usually be divided relatively easily, as their fair value can be readily…