According to the facts discussed on the court’s decision, a mother sought to relocate with a child to another state. The mother and father, who never married, separated shortly after the child’s birth. The family court previously granted the mother temporary custody and physical possession, and it granted the father visitation. After being furloughed from her job, the mother relocated to Massachusetts to accept a new position and lived with her parents. As a result, the mother filed an emergency motion to permanently relocate to Massachusetts with the child. Later, she accepted a third position close to her parents’ home, which was nearly two hours from the father’s Rhode Island town. In her motion, she explained that she was previously paying $2,000 in rent in Rhode Island, commuting almost two hours to work, and working long hours. In Massachusetts, she could stay with her parents, reduce her living expenses, and rely on her parents for childcare assistance. The magistrate judge granted the mother’s motion to permanently relocate to Massachusetts, finding that relocation was in the best interests of the child. The father appealed to family court, which affirmed the decision. The father then appealed to the Rhode Island Supreme Court.

On appeal, the father argued that the primary reason the mother asserted for her relocation, her new job, was no longer valid since she accepted a third position. Therefore, the father suggested that the mother should have looked for new employment and housing closer to his Rhode Island home. The Rhode Island Supreme Court disagreed. The court concluded that the family court properly found no error with the magistrate’s decision. In reaching its conclusion, the court cited the mother’s desire to be closer to her parents and save costs on rent and childcare. The magistrate appropriately recognized the mother’s desire to prioritize her son’s emotion well-being and compensated for a loss of income to spend more time with him. By contrast, the father testified that he had no family in Rhode Island who provided additional daycare for the child. While the father offered the mother financial support and intended to change his work schedule to be a primary caregiver, the magistrate properly recognized that the mother had taken more action to make herself available for her son. Finally, the court noted that the family court record reflects the magistrate’s conclusion that the father’s relationship with his son will continue. Specifically, it explained that the mother was willing to make arrangements around the father’s work schedule and keep the father informed about the child’s medical appointments. Therefore, the court found that the family court did not err in affirming the magistrate’s decision to grant the relocation order based on the child’s best interests.

Do You Plan to Relocate with Your Child?

Whether you receive a better job offer or need to be closer to family, you may wish to file a motion to relocate in court. However, your child’s other parent may object to the order. In response, you may need to present evidence that relocation is in your child’s best interests. If you are seeking to relocate with your child, contact the experienced Rhode Island family law attorneys at Bilodeau Capalbo. Our attorneys have successfully represented clients in relocation cases. Through our skilled advocacy, we can help make the strongest argument to the judge that relocation is in your child’s best interests. To schedule a free consultation with an experienced Rhode Island family law attorney, call us at 401-300-4055.

The plaintiff in the recently decided case divorced her husband in 1995. As part of a property settlement, the parties agreed that the plaintiff would be entitled to half of the man’s retirement account in lieu of an alimony award. The man remarried years later and continued to accrue retirement benefits from his employer. The man died in 2020, and both his former spouse and his widow sought the surviving spouse benefits from the man’s employer. After the employer refused to award the benefits to the ex, she sued both the employer and the widow, seeking to enforce the divorce agreement and receive the retirement benefits.

After discussing the relevant laws, the Court ruled that the widow was entitled to all of the retirement benefits. Notably, the court found that because the 1995 divorce settlement agreement was “incorporated but not merged” into the final divorce judgment, the settlement was not enforceable by the family court and instead simply as a contract between the parties. Because the laws dictating the dispersal of pension benefits superseded contractual obligations in this case, the ex-spouse did not have a valid claim over the assets.

To most any layman and many attorneys, the difference between an “incorporated” agreement and a “merged” one may appear insignificant, but this recent case demonstrates that a seemingly minor distinction in the language of a contract, stipulation, or order can make the difference in determining the ownership of hundreds of thousands of dollars, or more. Anyone anticipating a divorce involving retirement plans, pensions or other assets should seek out the advice of a qualified Rhode Island divorce attorney to ensure that any agreement is enforceable in the event of a party’s remarriage.

If you or a loved one is anticipating a divorce in Rhode Island, little details may make all the difference in what you receive. Small mistakes at the outset of a divorce may prevent you from receiving what you deserve years down the road. To prevent avoidable mistakes, you should reach out to the qualified Rhode Island family law lawyers at Bilodeau Capalbo, LLP to assist you. Our dedicated attorneys understand the complexities of Rhode Island divorce law, and with our assistance, you can be comfortable that you will receive all that you deserve once your case is resolved. Call us at 401-300-4055 for a free consultation.

According to the opinion’s account of the divorce proceedings below, the husband failed to respond to the wife’s requests to identify marital property and concealed several assets including his pension, workers’ compensation, Certificates of Deposit (CDs), undisclosed accounts, and ownership of the marital home. After several warnings, the trial judge sanctioned the defendant $1,000 per day that the husband failed to provide the requested documents showing proof of his assets, totaling $50,000. The husband argued that the assets were his separate property, though the wife paid what she believed to be her share of the mortgage every month. The trial judge awarded the wife 50% of the value of the husband’s pension, CDs, and the marital home’s appreciation in value. The trial judge also found that the appreciation of the wife’s second home was her separate property, as the husband’s remodeling projects did not contribute to the increased value.

On appeal, the husband argued that the trial judge erred in assigning marital assets to the wife, classifying the wife’s home as separate property, and imposing sanctions against him. He also claimed that the judge abused her discretion and disfavored him in the proceedings below. The high court affirmed the trial judge’s ruling. First, it reasoned that the husband’s decision to delay retirement should not deprive his wife of the pension. Second, the court found that the trial judge acted within her discretion in awarding 50% of the husband’s CDs to his wife. The husband provided no evidence that the CDs were his separate property, and he was not a credible witness on this point because he concealed his assets.

The court also found that the trial judge properly ruled on both homes: the wife contributed to the marital home’s appreciation in value, but the husband’s routine upkeep did not increase the second home’s value. Then, the court affirmed the trial judge’s decision to impose sanctions against the husband. Despite several warnings, the husband continued to withhold information about his assets for over a year after the deadline to disclose. When he did submit financial disclosures, he provided false information. Finally, the court found no evidence that the trial judge disfavored the husband. Because the husband failed to provide evidence that several assets were his separate property and actively hid them under penalty of perjury, the court affirmed the trial court’s decision.

Do You Need a Rhode Island Family Law Attorney?

If you or a loved one is seeking a divorce, the property you believe is separate may actually be marital property subject to division. While this may be frustrating, disclosing your assets upfront will prevent you from receiving costly sanctions in the future. The Rhode Island divorce and family law attorneys at Bilodeau Capalbo will work with you to understand disclosure requirements under Rhode Island law. Through our experienced representation, we have fought for our clients to recover a fair share of their marital property and retain their separate property. To discuss your case with a qualified Rhode Island family law attorney, call our office at 401-300-4055.

When Can a Party Re-Open a Rhode Island Divorce Case?

Rhode Island requires parties to bring an action challenging a judgment or contract under seal, including final divorce settlements, within 20 years of the final judgment or contract. Courts have recognized a few exceptions to statutes of limitations, primarily when extending the time limit would be the most fair and equitable action to take. However, a defendant can also ask courts to bar a legal claim under the doctrine of laches. If the defendant succeeds, the court may prohibit a plaintiff from bringing a claim if the (1) plaintiff could have acted earlier and fails to justify the delay, and (2) the defendant has suffered damage from the delay.

For example, the Rhode Island Supreme Court recently reversed a lower court decision under the statute of limitations and the doctrine of laches. As the ruling explained, the parties were married in 1975 and initiated divorce proceedings in 1992. Both parties signed a property settlement agreement that distributed their marital home along with medical and life insurance coverage. Absent from the settlement, however, was any mention of the husband’s pension. In 2017, 24 years after the settlement took effect, the wife filed a motion for post-judgment relief seeking one-half interest of the marital portion of her ex-husband’s pension. She claimed that her ex-husband concealed the pension by not informing the wife or her counsel of its existence at the time of their divorce. A trial judge agreed, holding that the statute of limitations or laches did not bar the wife’s claim because she did not learn about the pension until 2017.

On appeal, the state’s high court reversed, holding that the 20-year statute of limitations barred the wife’s suit. Since the wife brought her motion 24 years after the settlement, she could no longer claim an interest in her ex-husband’s pension. Additionally, even if the wife did not know about the pension at the time of the divorce, she had ample opportunity within the 20-year period to discover what marital assets existed and seek an equitable distribution in court. Furthermore, the court declined to extend the statute of limitations for reasons of fairness or equity because it found the ex-husband did not actively conceal his pension. Rather, the court explained that “mere silence or inaction” did not amount to misrepresentation sufficient to extend the wife’s deadline to re-open the settlement. Because the statute of limitations clearly barred the wife’s suit, the court did not need to address the doctrine of laches. Ultimately, the supreme court vacated the family court’s order awarding a share of the husband’s pension to the wife.

Contact an Experienced Rhode Island Divorce Attorney

If you are going through a divorce or seeking to re-open a divorce settlement, it is crucial to have a skilled Rhode Island divorce attorney by your side. While the law may seem clear on its face, judges have broad discretion in applying the law to the facts of your case. The dedicated family law and divorce attorneys at Bilodeau Capalbo have years of experience representing clients in the Rhode Island court system. Our attorneys understand the complicated divorce laws in Rhode Island and will help you secure the settlement you deserve. To discuss your case with a qualified Rhode Island family law attorney, call our offices at 401-300-4055.

The parties in the recently decided case had been married for over 10 years when their relationship became unsustainable, and they separated. Although the parties’ primary residence was in Rhode Island, the wife took the children to Connecticut to live with family upon separation and had them enrolled in school there. In response to the move, the husband requested an emergency custody hearing in Connecticut. During that hearing, the pirates managed to reach a settlement agreement (known as a postnuptial agreement, or PNA), to effectuate their divorce, child custody, and financial matters. Part of the settlement agreement included a provision that requires anyone who unsuccessfully challenged the agreement to pay the other party’s attorney fees.

After the parties’ disputes worsened, the husband brought an action for divorce in Rhode Island court, where he had been living at the time. The husband challenged the enforcement of the postnuptial agreement. The husband’s challenge of the agreement failed, and the Rhode Island court applied the terms of the PNA, ordering him to pay his ex’s reasonable attorneys’ fees for his unsuccessful challenge of the PNA.

The husband appealed the ruling to the Rhode Island Supreme Court, arguing that the lower court incorrectly applied Connecticut law and misconstrued the attorneys’ fee provision when awarding fees to his ex. The husband’s primary contention was that the lower court paid her fees for the entire case and not only for the amount incurred in attempting to enforce the PNA. The high court rejected the husband’s arguments, ruling that the total amount of fees had not yet been determined (and was therefore not ripe for a challenge) but that the fee award, in general, was valid and enforceable and that the lower family court must hold hearings and take evidence to determine what the proper fee award will be. As a result of this ruling, the husband will be forced to pay some of his ex’s attorney’s fees, although the amount is yet to be determined.

If you or a loved one is anticipating filing for divorce in Rhode Island, it is crucial to determine what other states may have some jurisdiction over your case. In some cases, one or more states could be the venue for a case, and whoever files first often gets to set the venue. If you and your ex or children live in different states, the choice of venue can have significant implications. The experienced Rhode Island real estate attorneys with Bilodeau Capalbo, LLP understand how complex and challenging divorces can be. With our representation, you can be confident that your case is being properly pursued in a venue that is favorable to you. If you have questions about a Rhode Island family law issue, we’re here to help. Call us at 401-300-4055 for a free consultation.

According to the facts discussed in the judicial ruling, the parties to the present case were married in 2006 and began discussing divorce in 2017. The husband retained an attorney to represent him in the divorce proceeding. The parties attempted to negotiate a settlement through the husband’s attorney, but it ultimately fell through and the husband filed for divorce in 2020. The plaintiff attempted to have the husband’s attorney disqualified from the case, as she claimed that he represented her at earlier stages of the negotiation, and there was a conflict of interests in the attorney’s representation of the husband. The plaintiff’s attempts to have the defendant’s attorney disqualified and disciplined for representing the husband in the divorce ultimately failed, and the divorce was finalized in January 2022.

In March 2022, the plaintiff filed a separate case against her ex-husband. This case alleged that the husband assaulted her during the marriage, and she sought financial damages from him as compensation for his alleged conduct. The husband retained his same divorce attorney to represent him in this claim. The plaintiff then filed a motion to disqualify the husband’s attorney, arguing that there was a conflict of interest based on their previous interactions. The Superior court rejected the plaintiff’s arguments, finding that the defendant’s attorney never represented the plaintiff in any issue that was substantially related to her claims against her ex-husband. The plaintiff’s motion was denied. As a result of this ruling, the defendant’s attorney will be permitted to represent him in the assault case.

If one party to a divorce retains an attorney that represented the married couple previously in business or other matters, there is a high likelihood that the attorney has a conflict of interests and should not take the case. An attorney who had access to confidential information about the married couple may be in violation of the Rules of Professional Conduct if they use that information in representing one of the parties against the other in a divorce. Attorneys should be diligent in performing conflict checks, and if they use privileged information in a way that violates the Rules of Professional Conduct, there should be consequences.

If you have any questions about a Rhode Island divorce, finding an honest and qualified Rhode Island family law attorney may seem difficult. The ethical and experienced divorce and child custody lawyers working with Bilodeau Capalbo, LLP understand the importance of the Rules of Professional Conduct, and we won’t hesitate to challenge any unethical conduct pursued by opposing counsel. If you have questions about a Rhode Island property or real estate issue, call us at 401-300-4055 for a free consultation.

Mediation is an officially sanctioned negotiation process where parties to a dispute can meet with a neutral third party to discuss the issues of their case and attempt to reach a resolution. Mediators may be attorneys, social workers, or even retired family court judges. The job of the mediator is to facilitate communication between the parties, while also offering advice as to how a court may rule on the contested issues. The goal of the mediation is to have the parties agree to an enforceable resolution of all or some of the issues in the case, to avoid a judge having to rule against one party or the other in an adversarial dispute.

Mediation has several benefits. Parties are more likely to accept and follow a family court order that is the result of mediation, because each party agreed to the order, and cannot claim that it was imposed upon them. Mediation is also generally more time efficient and less expensive than a resolution obtained through court proceedings and trial. Additionally, meditation can benefit families by facilitating face-to-face interaction between conflicted couples, which can lead to an improved co-parenting dynamic in the future.

Mediation in Rhode Island only includes the parties and the mediator, as attorneys are not allowed to be present. That said, it is helpful for mediating parties to have a competent Rhode Island family law attorney to advise them before and after the mediation. An attorney can help ensure that the agreement on paper reflects the understanding made in mediation. An order arising from a mediated agreement is not enforceable by the court until the court approves it. While most mediations resolve some of the outstanding issues in a divorce or custody case, the issues that are not resolved can be scheduled for trial. Even a partial mediation agreement can result in thousands of dollars in savings compared to pursuing all the issues through a trial.

Finding a Qualified Rhode Island Family Law Attorney

If you or a loved one is anticipating or going through a divorce or custody dispute in Rhode Island, deciding on an attorney can be an overwhelming task. The experienced Rhode Island family law attorneys at Bilodeau Capalbo have helped resolve hundreds of custody and divorce cases, often helping our clients obtain favorable agreements through mediation. Whether your case is appropriate for mediation or not, we can help you decide how aggressively to pursue your case to get the desired results. Bilodeau Capalbo is a full-service Rhode Island family law firm, and we represent clients with family law issues statewide. Contact our offices today and schedule a free consultation by calling 401-300-4055.

Alimony is not automatically awarded to a divorcing spouse as a matter of course. Prior to filing for divorce, a party who desires alimony must ensure the request is included in their divorce filings, or they may forfeit the ability to receive alimony payments. When deciding to award alimony, Rhode Island courts consider several factors. These factors include the duration of the marriage, the current incomes of the parties, the income earning abilities of the parties, the standard of living enjoyed by the parties during the marriage, as well as each party’s contributions to the marriage.

Courts will be more likely to award significant alimony awards if they are persuaded that the receiving party contributed to a marriage of significant duration, and would be unable to maintain the standard of living they enjoyed during the marriage without an alimony award, If the paying party is able to afford alimony payments while not significantly sacrificing their own standard of living, then an award would be fair and appropriate. Courts are also allowed to consider non-economic factors in determining an alimony award. Allegations of abuse, infidelity, or absence during the marriage may encourage a court to award alimony to a party who may not qualify based on financial considerations alone. Evaluating many of these factors places great discretion with family court judges. The same exact facts and arguments brought before two different judges may end in dramatically different results. Because of this great discretion, it is important for divorcing parties who seek alimony or who are disputing an alimony claim to retain experienced divorce counsel who understands how and why Rhode Island Judges award alimony.

Answering Your Questions about Alimony and Divorce

If you or someone close to you is seeking or anticipating a divorce, there may be an alimony issue even if you don’t see it. Rhode Island courts regularly award alimony to both male and female parties, and a skilled attorney on either side can make the difference between no payments and a substantial award. The experienced Rhode Island family law lawyers with Bilodeau Capalbo understand how to get Rhode Island judges to listen to our arguments surrounding alimony. We have successfully attained significant alimony awards for our clients, and also persuaded courts to deny excessive alimony claims against our clients. If you have questions about alimony or divorce, Bilodeau Capalbo can help answer them. Contact our offices today and schedule a free consultation by calling 401-300-4055.

For many couples who share children and are seeking a divorce, the most important issue to be decided by the court is that of the custody and care of the children. Rhode Island courts primarily consider a custody arrangement that is in the “best interests” of the children. Although one parent may be awarded primary physical custody of the children, state law protects the noncustodial parent’s rights to visitation with the child, unless good cause can be shown for restricting such vitiation. Courts can also award joint physical and legal custody of children to both parents, who would then share in the day-to-day care and decision-making for the child. When fighting for custody or visitation rights, a parent needs to be adequately prepared and have an understanding of the factors used by the courts in awarding custody.

In addition to the custody of children, Rhode Island courts may also enter orders awarding child support and spousal support (alimony) to either party. Generally, the party with primary physical custody of the children will receive a support award from the noncustodial parent. Child support is based largely on the parties’ incomes. It is common for divorcing parents to try and conceal or misrepresent some of their income or expenses to manipulate a court into awarding an unfair support or alimony award, so it is important that a detailed and accurate accounting be performed on the couple’s finances before an award is issued.

In addition to child support and alimony, Rhode Island courts also are tasked with dividing up the assets shared by a married couple when they divorce. Generally, any asset that is obtained during a marriage is shared property, regardless of who purchased it. Furthermore, value added to individually held assets such as real estate or business interests during a marriage may also be shared. Courts are allowed to consider a litany of factors when dividing marital property, and each party should be prepared to justify their claims for marital property with legally enforceable arguments.

Are You Anticipating a Divorce?

If you or someone you know is seeking a Rhode Island divorce, it is important to select a qualified divorce attorney to help you fight for your rights. The experienced Rhode Island family law attorneys at Bilodeau Capalbo understand how high the stakes are in a divorce, and we want to help you fight for your family and assets. Our Rhode Island family lawyers assist clients in all types of domestic claims, including divorces and child custody disputes. Contact our offices today and schedule a free consultation by calling 401-300-4055.

The division of business interests and real estate between parties to a divorce can become more complicated, as the appropriate values can be difficult to reasonably ascertain. Although determining the value of such property can be difficult, the law requires an equitable division of such property. The Rhode Island Supreme Court recently ruled against a former husband who attempted to transfer shared marital real estate to an LLC in his exclusive possession in anticipation of a divorce.

According to the facts discussed in the appellate opinion, the plaintiff in the recently decided case is a woman who has been in the process of divorce from the defendant for several years. During the divorce proceedings, the defendant chose to convey a parcel of real estate that was owned by both parties to an LLC company he created in his name alone. On the plaintiff’s motion, the family court forced the defendant’s company to become a party to the divorce, and also ordered the sale of the property from the couple to the defendant’s LLC to be set aside, so that the value of the property could be equitably divided between the parties.

The defendant appealed this family court ruling to the State Supreme Court, where the lower court’s judgment was affirmed. Importantly, the courts found that the defendant’s attempted sale of the property from the marital estate to his LLC for $1 was not a good-faith purchase, and was instead intended to deny the plaintiff her rightful portion of the property. Because the defendant had no reasonable justification for his behavior, the lower court’s ruling will stand, and the property sale will remain set aside. Although there are effective strategies for keeping certain individual property out of a divorce settlement, the defendant’s strategy was clearly not effective in this case.

Trusted Representation for a High-Asset Divorce

If you are a Rhode Island resident who is anticipating or considering a divorce, the division of your marital estate may become a large area of contention in your case. Although all marital assets are generally to be divided equally in a divorce, the classification and valuation of assets can make a huge difference to the final property settlement. The experienced Rhode Island family law attorneys at Bilodeau Capalbo understand the strategies and tricks that work in Rhode Island to protect our clients’ property rights. Discuss your case with one of our dedicated advocates today. At Bilodeau Capalbo, we represent Rhode Island in most family law cases, including high-asset divorces. Contact our offices today and schedule a free consultation by calling 401-300-4055.

The division of marital property in Rhode Island is governed by state law, codified under R.I. GEN. LAWS § 15-5-16.1, which lists several factors for judges to consider in property division. These factors include the length of the marriage, the conduct of the parties during the marriage, contributions from each party to the marital estate, the contributions of each party as a homemaker, the occupation and employability of each party, and the best interests of any children shared by the parties, among others factors.

In evaluating the conduct of the parties during the marriage, courts are allowed to consider any infidelity or abuse in making an equitable distribution of the marital assets. Additionally, financial misconduct by either party (wasteful dissipation of assets or hiding or encumbering assets in anticipation of divorce without equitable consideration) can be grounds for awarding more property to the other spouse.

Factors based on the needs and abilities of the spouse allow for courts to award more property to a spouse who has a greater need and less ability to earn. If a spouse is maintaining primary custody of the parties’ children, for example, they are more likely to be awarded the marital home, as it is in the best interests of the children to remain in their home.

In order to effectively distribute marital property in a fair and equitable manner, courts are given a great amount of discretion to rely on various factors in an attempt to make the best decision. Because courts have such discretion, it is important for a divorcing party to make a compelling and convincing case for the assets to be divided in a way that suits them. An effective Rhode Island divorce attorney can make the strongest case for their clients to be awarded the property that they are entitled to in a divorce

Are You Anticipating a Divorce?

If you or a loved one is separated or otherwise anticipating getting divorced, having a plan to ensure fair and equitable property distribution in your favor is extremely important. With the help of a skilled Rhode Island family law attorney from Bilodeau Capalbo, you can prevent your future ex-spouse from unfairly receiving more of the marital estate than they deserve. Our qualified divorce attorneys understand the factors considered by Rhode Island family courts, and we are able to ensure that our clients receive a fair share of the marital estate, as well as child support and alimony where applicable. Call us at 401-300-4055 to discuss your case and schedule a free consultation with a qualified Rhode Island family law attorney today.

In the recently decided case, the parties were a married couple with children who sought a divorce in Rhode Island family court. The mother, who was awarded primary physical custody of the children, sought to relocate to Ohio to be near her family after the divorce. The father, who was awarded joint legal custody of the children, as well as visitation privileges, challenged the mother’s relocation because he wanted to be closer to the children. The family court denied the mother’s request, requiring her to remain in Rhode Island with the children. The mother appealed the ruling to the Rhode Island Supreme Court.

On appeal, the high court discussed the factors for awarding child custody used in Rhode Island. According to the opinion, the courts focus broadly on factors to make a decision concerning relocation that is in the best interests of the children. These factors include considering the nature and quality of the relationship between each parent and the children, the reasonable likelihood that the relocation would enhance the general quality of life, including economic and educational opportunities, for both the parent and the children. Additional factors to be considered include the feasibility of maintaining a relationship and suitable visitation between the non-relocating parent and the children and the existence of extended family and other support systems available to the child in both locations.

A family court is supposed to weigh all of these factors together and make a decision whether the relocation would be in the best interest of the children. The family court in the recently decided case made such findings, and determined that it would be better for the children to stay in Rhode Island, and the Rhode Island Supreme Court did not find there was an abuse of discretion in that decision. As a result of this ruling, the mother will not be permitted to move to Ohio with her children and will instead be required to stay in Rhode Island.

Answers to Questions or Concerns About a Rhode Island Custody Case

If you are involved in or anticipating a custody dispute arising from a Rhode Island divorce or parentage claim, it is important to have a qualified Rhode Island family law attorney by your side from the start of the proceedings. Family courts are given wide discretion to make decisions that can greatly impact the lives of you and your children, and obtaining quality representation will give you the best chance to make your case effectively to the court. The experienced family law attorneys at Bilodeau Capalbo understand Rhode Island child custody law and can help you get the results you desire. Contact us at Bilodeau Capalbo at 401-300-4055 to schedule a consultation with a family law attorney today.

Collaborative divorce and mediation offer an alternative to the “ugly divorce” that often leaves parties bitter and full of regret. A collaborative divorce seeks to avoid the pitfalls of litigation while still protecting each party’s rights and resulting in an agreement that is fair and more likely to be followed by the parties, while also being legally binding and enforceable. Parties who agree to a collaborative divorce or a mediated settlement agreement can both have attorneys at their side, who will advise and assist them in discussing disputed issues to reach a full agreement without the need for a trial.

Contested divorces are often approached in a way that exacerbates the disagreements between the parties from the start of the process, and as issues become more complicated, attorney’s fees and time delays only increase. It’s possible to resolve all of the issues that may come up in a divorce in a mediated session that occurs outside of the courtroom. Couples who wish to obtain a divorce more simply and quickly can resolve financial asset division, child custody, parent time and visitation, the assumption of debts, child support and spousal support, as well as other issues with the help of their attorneys and one or more neutral mediators who are specially trained to resolve disputes and achieve fair and realistic settlements.

Collaborative divorce mediators are often former family law litigators and sometimes retired judges who can give realistic advice to parties as to how a disputed issue would likely be decided at trial. With the help of an impartial mediator who both parties can trust, it is easier for the parties to reach an agreement on a contested issue without having to go through the financial and emotional turmoil of a full trial. If a collaborative divorce results in some agreement, but reaches a dead-end on certain issues, the mediator can draft a partial settlement for the undisputed issues, and any subsequent litigation will be less complicated than it would have been without the mediation.

Are You Considering a Collaborative Divorce?

If you are separated from your spouse or considering a divorce and think that collaborative divorce may be right for your case, talking to an experienced Rhode Island divorce attorney who understands collaborative divorce is the best place to start. The Rhode Island family law attorneys at Bilodeau Capalbo, LLC, can help you evaluate your case, and assist you and your spouse take steps toward a collaborative divorce. We also represent clients in full divorce litigation, so if your case is not a good fit for a collaborative divorce or your spouse refuses to cooperate, our experienced divorce attorneys can assist you with traditional divorce litigation. Call our offices at 401-300-4055 to talk to a Rhode Island family law attorney at Bilodeau Capalbo today.

The appellant in the recently decided case was the husband in a divorce that was finalized in September of 2016. The disputed issues in the divorce included the custody of the couples’ child, the division of certain retirement and bank accounts, child support, the propriety of withdrawals made by each of the parties during the divorce proceeding, as well as the application of the parties’ 2007 premarital agreement to these asset division questions.

The most significant claim in the appeal was the husband’s claim to an equal share of $373,400 in gains to the wife’s 401(k) account that accrued during the marriage. The parties’ premarital agreement stated that the husband was entitled to half of the total contributions to the account during the marital period, which the trial court found to be approximately $79,500. The husband claimed that he was entitled to the actual contributions, as well as the interest earned on the account during the marital period, which would total $156,700. On appeal, the Rhode Island Supreme Court accepted the family court’s interpretation of the premarital agreement language and didn’t disturb the ruling.

A second issue on appeal was the husband’s challenge to the amount of child support awarded to his ex-wife. Using a formula and child support calculation worksheet, the family court calculated the husband’s child support amount based on his earning capacity, and not his actual income at the time of divorce. As a result of these findings, the husband was ordered to pay an amount that he claimed he could not afford at the time of judgment. The Rhode Island Supreme Court accepted the family court’s findings, and ruled that the husband could afford to pay the amount of child support ordered, although he may have to go out of early retirement to make the payments.

Rhode Island family courts are given great deference by appellate courts when considering their factual findings in divorce and custody cases. It is much more difficult for a party to successfully challenge a ruling on appeal than it would be to obtain a favorable ruling in the early stages of a proceeding. Because of this, Rhode Island residents seeking a divorce should consult with and obtain a skilled Rhode Island divorce attorney as soon as possible after a divorce becomes likely. Additionally, premarital agreements can be drafted in ambiguous ways, and should be reviewed by a qualified divorce attorney before they are entered into.

Contact a Rhode Island Divorce Attorney Today

If you are considering a premarital agreement or seeking a divorce, having the right attorney by your side is the best way to protect your rights and interests. The experienced Rhode Island divorce lawyers at Bilodeau Capalbo, LLC understand prenuptial agreements and have the skill and experience that you need if a divorce becomes necessary. Don’t wait until it’s too late, contact us to schedule an appointment to discuss your case with a qualified family law attorney at Bilodeau Capalbo today by calling 401-300-4055.

The equitable distribution process requires Rhode Island family law judges to engage in a multi-step analysis. First, the judge must determine what constitutes marital property. Courts consider marital property any property that was acquired during the marriage, with a few exceptions. While property that was owned by one spouse before the marriage is not typically considered marital property, any increase in value that occurred during the marriage may be subject to equitable distribution. Inherited property is not considered marital property, nor is any income received from such property. However, gifts between spouses are marital property.

Once a judge determines which of the couple’s assets are marital property, she will then consult the list of factors contained in Rhode Island General Laws section 15-5-16.1, including:

• The duration of the marriage;
• Each parties’ contribution in terms of acquisition, preservation, or appreciation in the value of their respective estates;
• The conduct of the parties during the marriage;
• The contribution and services of either party as a homemaker;
• The age and health of the parties;
• The occupation and employability of the parties;
• Either party’s contribution to the education or increased earning power of the other party;
• Either party’s wasteful dissipation of assets; and
• The need of the custodial parent to occupy or own the marital residence.

In addition, the final factor allows a judge to consider “any factor which the court shall expressly find to be just and proper.” Rhode Island divorce judges can consider almost anything they want to, as long as it would not be improper to do so.

Finally, after the court weighs these factors, it must then divide the assets according to its findings. Courts have broad discretion in awarding assets in a Rhode Island divorce, and anyone going through a divorce should consult with a dedicated family law attorney o ensure their interests are protected.

Are You in the Process of a Rhode Island Divorce?

If you are currently going through a Rhode Island divorce, or are separated and considering divorce, contact one of the dedicated family law attorneys at Bilodeau Capalbo, LLC. At Bilodeau Capalbo, we have extensive experience representing clients in separation and divorce proceedings, and are intimately familiar with all the applicable laws. We work tirelessly to ensure that you are treated fairly throughout the process. We proudly represent clients across Rhode Island, including in West Warwick and Westerly. To learn more, call 401-300-4055 to schedule a free consultation today.

The appellate court found that the lower court did not err in declining to award child support while the divorce proceeding was pending because the mother was using funds from a joint marital account to support herself at the time, which had been divided equally between the parties, and amounted to about $505,000. In addition, shortly thereafter, the husband voluntarily agreed to pay, and the mother accepted, $2,444 per month in interim child support while the divorce proceeding was pending. The mother also argued that the court incorrectly calculated the child support obligation, in part because the court excluded income that the father received related to an S-corporation he owned.

Section 15-5-16.2 states that a child support obligation shall be calculated based upon the family court’s formula and guidelines. If, after doing so, the court finds that it would be inequitable to the child or to either parent, the court shall make findings of fact and shall order a child support obligation “reasonable or necessary for the child’s support after considering all relevant factors,” including but not limited to, certain enumerated factors. Those factors include the standard of living established for the child before the divorce, the child’s emotional and educational needs, the financial resources of the child, and of the parents. Gross income, as defined by the child support guidelines, includes income from sources such as salaries, wages, bonuses, gifts, prizes, social security benefits, and “all other forms of earned/unearned income,” excluding means-tested public assistance benefits. It also includes business income defined as gross receipts minus ordinary and necessary expenses.

The mother argued that the trial court failed to include certain sources of income in calculating the father’s child support obligation. The court agreed that distributions from the S-corporation used by the father to pay personal debts in acquiring sole ownership of his company should have been considered as part of the father’s gross income under the child support guidelines. The court also agreed that a $61,375 distribution from his company to pay a life insurance premium should have been included as income in the child support obligation. Therefore, the court vacated the child support obligation judgment, and ordered that it be recalculated considering the additional income.

Contact an Experienced Rhode Island Divorce Law Firm

Bilodeau Capalbo, LLC represents individuals in Rhode Island family law cases to ensure that they receive the excellent service that they need. Our Rhode Island divorce attorneys can help make sure that your voice is heard in pursuing a settlement agreement and custody arrangement that is favorable for you and in the best interest of your child. We have offices in West Warwick and South Kingstown, Rhode Island, as well as in Connecticut. Call Bilodeau Capalbo, LLC at 401-300-4055 or contact us online set up an appointment.

According to the court’s opinion, Husband and Wife filed for divorce after 26 years of marriage. At the time the court entered an order dissolving the marriage, it incorporated a marriage settlement agreement (the “agreement”) that the parties had agreed upon. Among other things, the marriage settlement agreement provided that Wife would retain sole ownership of the former couple’s two dogs. The agreement also stated that Husband was permitted to take the dogs for visits from Tuesday morning through Thursday morning.

For about six months, Husband was able to visit the dogs under the terms of the agreement. However, Wife eventually stopped allowing Husband to visit the dogs. Husband requested the court step in to enforce the terms of the marriage settlement agreement, asking the court to order Wife to allow his visits and provide for make-up visits. Wife responded with her own request to the court, claiming that she should not need to comply with the agreement because Husband was not properly caring for the dogs and had attempted to keep them away from her, in violation of the agreement.

Wife claimed that on several occasions the dogs needed to go to the vet after Husband’s visits. Additionally, she claimed that Husband claimed one of the dogs was missing when it was later found in his closet. Husband responded that under the terms of the agreement, he was not permitted to take the dogs to the vet; otherwise, he would have done so himself. He also explained that he was honestly mistaken about the location of the dog, and that he too was surprised it was in his closet.

The trial court determined that Husband acted in good faith, and that Wife violated the terms of the agreement when she refused Husband’s visits. The Wife appealed.

On appeal, the lower court’s decision was affirmed. The appellate court explained that the trial court’s decision was entitled to deference and, based on the evidence presented, the decision was reasonable. The court went on to explain that the dogs, under the law, are considered “property,” and an agreement as to possession of property cannot be set aside by the court if one party later changes her mind. Thus, the court ordered Wife to allow Husband’s visits with the dogs.

Are You Considering a Rhode Island Divorce?

If you are currently separated from your spouse or are considering filing for a divorce, contact the dedicated Rhode Island family law attorneys at Bilodeau Capalbo. At Bilodeau Capalbo, we represent clients in a wide variety of Rhode Island family law cases, including divorce, child custody disputes, and property disputes. To learn more about how we can help you with your situation, call 401-300-4055 to schedule a free consultation today.

Divorce Versus Annulment

Divorce and annulment are very different things. In a Rhode Island divorce, the parties are ending what is agreed to have been a valid marriage. However, an annulment is a legal proceeding in which a marriage is declared void. After a successful annulment, legally speaking, it is as though the marriage never took place.

Under What Circumstances Can a Marriage Be Declared Void

There are only a few limited circumstances in which a Rhode Island marriage can be declared void. Under Rhode Island General Laws § 15-1-5, both bigamous marriages and those involving a person who is mentally incompetent at the time of the marriage are absolutely void. A bigamous marriage is one in which one of the parties involved is still currently married to another person or “a relationship that provides substantially the same rights, benefits and responsibilities as a marriage whether entered into in this state or another state or jurisdiction.”

Another far less common statute declares “incestuous” marriages null and void. In Rhode Island, an incestuous marriage is one between a person and his or her “sibling, parent, grandparent, child, grandchild, stepparent, grandparents’ spouse, spouse’s child, spouse’s grandchild, sibling’s child or parent’s sibling.” There is, however, an exception for those of the Jewish religion. Under § 15-1-4, marriages that are “solemnized among the Jewish people, within the degrees of affinity or consanguinity allowed by their religion” are not affected by the prohibition against incestuous marriages.

Notably, the above examples involve Rhode Island marriages that are “void.” Lawmakers’ use of the term void, rather than “voidable,” means that these marriages are considered void even if no party to the marriage challenges the marriage. Voidable marriages, on the other hand, are marriages that can be declared void at the action of a party. The import of this distinction is that spouses in voided marriages will not be considered a beneficiary of their purported spouse’s estate by default.

Do You Need a Rhode Island Family Law Attorney?

If you have currently realized that your marriage may need to be declared void, contact the dedicated Rhode Island divorce lawyers at Bilodeau Capalbo. At Bilodeau Capalbo, we represent clients in a wide range of Rhode Island family law issues, including divorces and voided marriages. We provide prospective clients with a free consultation to discuss their needs, as well as discuss how we may be able to help. To learn more, and to speak with a dedicated Rhode Island family law attorney today, call 401-300-4055 to schedule your free consultation.

See Related Posts: What Is an Easement in Rhode Island Real Estate Law?, Rhode Island Divorce Lawyer Blog, February 13, 2019.

How Do Courts Divide Assets in a Rhode Island Divorce?, Rhode Island Divorce Lawyer Blog, January 29, 2019.

What Is a Prenuptial Agreement?

A prenuptial agreement, also called a premarital agreement, is a contract that is entered into in anticipation of marriage. Under Rhode Island’s Uniform Premarital Agreement Act, a premarital agreement can cover a broad range of issues, including:

• The rights of the parties to use property;
• The disposition of property upon separation or divorce;
• The modification or elimination of spousal support;
• Ownership of either parties’ life insurance benefits; and
• The choice of law governing the divorce proceeding.

Importantly, the factors listed in the Uniform Premarital Agreement Act are non-exhaustive, meaning that a party can include terms covering any matter that is not against public policy or in violation of a criminal statute.

Of course, not all premarital agreements will be enforceable. First, agreements that were not voluntarily entered into by both parties will not be enforced. Similarly, agreements that are determined to be unconscionable may not be enforced. An unconscionable agreement is one that unreasonably favors one party to the other party’s detriment.

In some situations, the bulk of a premarital agreement may be enforceable, but certain terms may be modified or removed by a court. For example, if an agreement purports to waive spousal support, but in doing so the spouse that would have received such support will the qualify for public assistance, the court may order that spouse receive support so that they will no longer require public assistance.

When it comes to issues of child support or child custody, courts are not bound to the terms of a marital agreement. This is because matters involving children implicate public policy concerns which, as noted above, cannot be included in a Rhode Island premarital agreement.

Are You About to Get Married?

If you are engaged and going to get married, you should consider contacting the dedicated Rhode Island family law attorneys to discuss drafting a premarital agreement. The dedicated family law attorneys at Bilodeau Capalbo have extensive experience handling Rhode Island divorce cases, and have a keen understanding of the issues that tend to cause problems in a marriage. With our help, you can get out in front of these problematic issues and rest assured that, should your marriage end in separation or divorce, both parties will be adequately protected. To learn more, and to schedule a free consultation with an experienced Rhode Island premarital agreement attorney, call 401-300-4055 today.

See Related Posts: The Importance of Understanding a Rhode Island Auto Insurance Policy, Rhode Island Divorce Lawyer Blog, January 21, 2019.

How Do Courts Divide Assets in a Rhode Island Divorce?, Rhode Island Divorce Lawyer Blog, January 29, 2019.

Typically, an equitable distribution framework consists of three parts. First, a court must determine which assets are considered marital property. Importantly, nonmarital assets are subject to equitable distribution. However, the determination of whether something is a marital or nonmarital asset is not always straightforward.

Marital Versus Nonmarital Property

Generally speaking, most assets acquired during a marriage are marital property. However, inheritance, gifts, and proceeds from lawsuits are not typically considered marital property even if they are received during the marriage. Thus, in a recent Rhode Island divorce case the court determined that a car that was purchased during the marriage with funds that Wife was gifted by her parents before the marriage was not marital property subject to equitable distribution. The court also determined that a subsequent gift from Wife’s parents to Wife was considered nonmarital property although it was deposited in the couple’s joint bank account.

Rhode Island Equitable Distribution Factors

Once the court has determined which assets are marital property, the court must then consider the factors outlined in Rhode Island General Laws section 15-5-16.1. There are eleven enumerated factors, including the length of the marriage, the parties’ conduct during the marriage, the health and age of the parties, the occupation and employability of the parties, as well as either party’s wasteful dissipation of marital assets. Additionally, there is a “catch-all” provision, allowing a court to consider “any factor which the court shall expressly find to be just and proper.” Thus, a court presiding over a Rhode Island divorce can consider a wide range of factors when conducting an equitable distribution analysis.

Only after the court considers each of the applicable factors in section 15-5-16.1 will the court divide the couple’s assets. Once a court makes its determination, that decision will remain final unless it can be shown that the judge failed to consider a one or more of the factors contained in section 15-5-16.1.

Are You in the Process of a Rhode Island Divorce?

If you are in the process of filing for a Rhode Island divorce, or are contemplating a separation, contact the dedicated Rhode Island divorce attorneys at Bilodeau Capalbo. At Bilodeau Capalbo, we represent individuals in a wide range of Rhode Island family law matters, including divorces, child custody modification hearings, and spousal support matters. We provide a unique form of client-centered representation that always puts the interests of our clients up front, where they belong. To learn more about how we can help you through the situation you are currently going through, call 401-300-4055 to schedule a free consultation today.

See Related Posts: The Importance of Understanding a Rhode Island Auto Insurance Policy, Rhode Island Divorce Lawyer Blog, January 21, 2019.

Rhode Island Intestate Laws and the Importance of Drafting a Will, Rhode Island Divorce Lawyer Blog, December 28, 2018.