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Rhode Island Divorce Questions & Answers
1 Answer | Asked in Divorce for Rhode Island on
Q: Hi I'm currently on SSDI and considering a separation from my husband what are my entitlements??
Neville Bedford
Neville Bedford answered on Nov 5, 2021

You may claim a right to half of the Marital assets. Meet with an attorney to review the Marital Estate and learn about the process in confidence.

1 Answer | Asked in Divorce and Real Estate Law for Rhode Island on
Q: I own a house with my parents. Jtwros. My husband and i live there with them. We are separating. Can he claim ownership?

We are common law married. We've lived in the house for over 10 years.

Albin Moser
Albin Moser answered on Aug 30, 2021

If you are an owner with your parents in a joint tenancy with rights of survivorship then your husband can claim a right to equitable distribution of some of the equity in the house. That means money. He can’t claim ownership.

2 Answers | Asked in Child Support, Divorce and Family Law for Rhode Island on
Q: My son turns 18 this month in NH while I reside in RI. Ex-wife is claiming to take me to court to extend the support.

My two sons, (18,16) reside with their mother and I pay support for both. Son is turning 18 and she has been advised by the state that his part will be ending. She now wants to take me back to court to ask for more support for our 16 yr old to try and compensate. Can she do this and if so, how much... Read more »

Carl P. DeLuca
Carl P. DeLuca answered on Jun 25, 2021

Unless the child support order that you currently have was separated into two amounts, one for each child, you are going to want it to be modified because that order won't be reduced to an amount appropriate to one child on its own. Either parent can move to modify based on a change of... Read more »

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1 Answer | Asked in Child Custody and Divorce for Rhode Island on
Q: I am separated. Can't afford a divorce but desperately need one.I am concerned about ex's live-in girlfriend.MyOptions?
Neville Bedford
Neville Bedford answered on Apr 5, 2021

Consult with an attorney to explore your options. If you have a child in common, it is important to sort out custody and support issues soonest.

1 Answer | Asked in Child Support, Divorce and Family Law for Rhode Island on
Q: I am in the process of a divorce. I am pregnant with someone elses child. What steps would I need to establish paternity

Husband and I have lived separately for over 5 years. Divorce papers have been filed. The baby's biological father admits paternity and wants to be on the birth certificate/ the child to have his last name.

Neville Bedford
Neville Bedford answered on Jan 31, 2021

Your attorney will be able to help you collect and present the appropriate evidence to meet the burden of proof required to overcome the presumption of paternity of a child born during a marriage in the State of Rhode Island. If you have not yet met with, and retained an attorney to advocate for... Read more »

1 Answer | Asked in Divorce for Rhode Island on
Q: During divorce and in the agreement I put she has to go back to her maiden name and she signed it . So she has to right?

We have no kids . She in another relationship but she keeps saying oh just because I signed it doesn’t mean I need too

Neville Bedford
Neville Bedford answered on Jan 15, 2021

Meet with your family court attorney to review the contractual language and evaluate its precise terms. Generally speaking any competent adult may use any name they like, as long as it in not for an illegal purpose.

1 Answer | Asked in Divorce and Real Estate Law for Rhode Island on
Q: My ex wife is in contempt of court for not selling my house when our son graduated as stated in the divorce decree

Will she have to give me the house or sell it and give me the amount of money started that she owes me

Neville Bedford
Neville Bedford answered on Oct 27, 2020

Talk to your attorney to help prepare and present your motion for relief.

1 Answer | Asked in Criminal Law, Divorce and Family Law for Rhode Island on
Q: Is it ok for someone to dye your 6 yr old child’s hair

My wife and her family decided to dye my child’s hair....My wife is not telling the truth and has my child lying also....This is in R.I.....BTW my wife has DCYF on her case because she drinks and urine(s) came back dirty..

Neville Bedford
Neville Bedford answered on Jul 6, 2020

Meet with your attorney and prepare to present this to the court. Bring all of the impeaching evidence you have to help your attorney expose these lies along with copies of the prior court orders, if any, that prohibit hair dying. DCYF will also likely be interviewing you if they are following up... Read more »

1 Answer | Asked in Divorce and Estate Planning for Rhode Island on
Q: Is there a statute of limitations on divorce settlements?
Neville Bedford
Neville Bedford answered on Jun 1, 2020

Sorry for your loss. Your mother should talk to her lawyer. They will have the particular documents and be able to best advise her.

1 Answer | Asked in Divorce for Rhode Island on
Q: i was divorced in rhode island 10 years ago. in my divorce i was awarded two of my ex-husbands life insurance policies.

he put those policies in his new wifes name. what do i do. he lives in florida now

Neville Bedford
Neville Bedford answered on Feb 7, 2020

Contact a family court lawyer(perhaps the one who represented you) to bring this transgression to the courts attention and remedy the situation.

1 Answer | Asked in Divorce for Rhode Island on
Q: Divorced in 2017, recently , signed a domesticpartnership agreement fiancé my work put her on my insurance kick ex off

Yes my ex wife is complaining that I had her removed by signing the domestic partnership, I was under the impression that they are one in the same for this purpose, my workplace allowed domestic partnership, allowed in the state, all signed and legal. Is that reason enough to take her off my... Read more »

Neville Bedford
Neville Bedford answered on Feb 2, 2020

Review the law with your attorney to discuss what the legislature may have meant when they used the word "remarriage"

http://webserver.rilin.state.ri.us/Statutes/TITLE27/27-20.4/27-20.4-1.HTM

1 Answer | Asked in Divorce and Family Law for Rhode Island on
Q: I found out yesterday that my ex mother-in-law left my 9 year old daughter home alone for 15 min. Is this okay?

I am divorced and I found out yesterday that my ex mother-in-law left my 9 year old daughter home alone for 15 min because she needed to take my son to school because his bus never showed up at the bus stop. So instead of bringing my daughter with them to drop my son off, she left her home alone.... Read more »

Neville Bedford
Neville Bedford answered on Dec 16, 2019

If the child was not in danger, they may argue that it does not constitute neglect. Talk to your attorney about the possibility of a first right for parenting time when either parent is not available to care for the child . . . such as when one parent must be travelling for an extended period.

1 Answer | Asked in Divorce and Child Custody for Rhode Island on
Q: Can i lose custody of my children because I'm dating my cousin
Neville Bedford
Neville Bedford answered on Oct 2, 2019

It's hard to say on that one fact. For a complete analysis, meet with your attorney and discuss all of the details in private.

2 Answers | Asked in Child Support and Divorce for Rhode Island on
Q: I believe I will be initiating the divorce process in the coming months. I earn about 3 times my wife and our assets are

Rick C

Reside in RI

Neville Bedford
Neville Bedford answered on Aug 30, 2019

I assume you are concerned about child support obligations along with understanding what your division of marital assets may look like.

The child support guidelines worksheets now in effect are located at:

http://www.cse.ri.gov/documents/2018-01_AdminOrder.pdf

You would...
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1 Answer | Asked in Divorce for Rhode Island on
Q: My former spouse put a document under seal in our divorce. What criteria does the court use to decide to unseal it?

In Rhode Island

Neville Bedford
Neville Bedford answered on Jul 26, 2019

Speak with your attorney to evaluate what it is you seek to discover, prove, or reveal with the unsealing of a court record. If you don't have an attorney, find one. FOR EXAMPLE, Under what conditions might you like a judge to order your documents unsealed. If they were sworn financial... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Rhode Island on
Q: In RI, who should get back a deposit on an apartment lease when you are divorcing? I paid the deposit originally

My ex lied to my landlord and told them that I gave him the deposit to move it to his next lease starting August 1st. Since I paid the original deposit and he is starting a new lease, shouldn’t I be the one that receives it back?

Neville Bedford
Neville Bedford answered on Jul 22, 2019

If your ex is lying to your landlord, there is a good chance they may also be lying to you. If you have the same landlord and you are now trying to convince them to return your deposit, this may have to be resolved in court if the landlord refuses to return your deposit. I suspect there are... Read more »

1 Answer | Asked in Divorce for Rhode Island on
Q: There is a court date when you file for a divorce but then you need to wait 90 days which date is legal divorce date RI
Neville Bedford
Neville Bedford answered on Jul 22, 2019

The time to enter the final Judgment begins three months and one day after a hearing in a case where the grounds are irreconcilable differences that have led to the irremediable breakdown of the marriage. The effective date is the date on which the judge signs it. At that point the parties are... Read more »

1 Answer | Asked in Divorce for Rhode Island on
Q: Do you guys have a pro Bono divorce service if not do you know of any in the Narragansett or Wakefield county area?
Neville Bedford
Neville Bedford answered on May 22, 2019

Contact Volunteer Lawyer Program Coordinator, John Ellis at (401) 421-7758 or jellis@ribar.com to see if you qualify for Pro Bono representation.

1 Answer | Asked in Divorce for Rhode Island on
Q: Hi. I'm in the beginning stages of a divorce and have no idea what's going on. I feel I may have missed paperwork.

I do suffer mental health issues and I'm on ssdi and feel my wife is taking full advantage of this. Any advice is helpful

Neville Bedford
Neville Bedford answered on Feb 27, 2019

Hire an attorney. If you cannot afford to hire your own attorney, contact the RI Bar association to get on the waiting list for a volunteer attorney.

Volunteer Lawyer Program - The Rhode Island Bar Association Volunteer Lawyer Program (VLP), funded through a grant from Rhode Island Legal...
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1 Answer | Asked in Divorce and Family Law for Rhode Island on
Q: I need to file an answer to a family court summons. What is the wording and who/where do I send it?

The complaint is a motion for the defendant's right to terminate alimony. The defendant is my ex-husband and I have remarried. I agree with the motion. I just don't want to have to hire an attorney and go to court to get this done. There is a court date listed.

Neville Bedford
Neville Bedford answered on Jul 18, 2018

If you choose to represent yourself, you shall be obligated to do the appropriate responses for yourself. If you have no objection to the motion, you should have both probably asked your attorney to prepare the agreement for you and save yourself the time off work to go to court.

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