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Rhode Island Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Rhode Island on
Q: Married for 32 yrs. Husband moved out 9 years ago. He said he is moving back in. He is emotionally abusive.

Still have a 19 yr old daughter living at home. Can he legally do this? We never filed for a divorce or separation. He has been unfaithful.

Albin Moser
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answered on Nov 14, 2023

Your marriage to him does not give him the right to live with you. If he is an owner of the real estate you live in then he has a right of possession of the real estate but still no right to cohabitate with you personally. If he is not an owner of the real estate then no, he can't just move... View More

1 Answer | Asked in Divorce for Rhode Island on
Q: When my case is over, can I ask for my entire file from my attorney and what are they allowed to charge?
Neville Bedford
Neville Bedford
answered on Dec 13, 2022

Your retainer agreement signed with the attorney addresses the contractual obligation and fee agreement & charges that are "reasonable" according to professional standards. You may request your file at any time. Note that the court also retains copies of all documents filed there for... View More

1 Answer | Asked in Divorce for Rhode Island on
Q: Planning on getting a divorce. It's open enrollment should I leave my wife who can't get the insurance through work on
Albin Moser
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answered on Nov 17, 2023

In divorce in Rhode Island, spouses usually have the option to ask for an order that they will continue on the health insurance post-divorce. if there is an additional cost then they can be ordered to pay the increase.

1 Answer | Asked in Divorce for Rhode Island on
Q: I was told by my ex-wifes lawyer that it is mandatory to do a QDDRO split of my personal 401k. I agreed to this in the

pre-divorce documents when wife and I decided about cars, kids, assets, etc. Neither she nor I personally put a cent of our own money into that acct. It was funded by the company I worked for and they contributed a little each year. My question is....am I legally obligated by RI law to execute... View More

Neville Bedford
Neville Bedford
answered on Aug 23, 2022

Although opposing counsel may appear to be giving you legal advice, it is not a good idea to take advice on legal matters from your adversary. Your own independent counsel will cost you some money, but in the long run it may be well worth it. Rhode Island general law’s specify an equitable... View More

1 Answer | Asked in Divorce for Rhode Island on
Q: If I where to get a legal separation, does that absolve one from the cc debt of the other? Or is that a divorce thing?
Neville Bedford
Neville Bedford
answered on Jul 12, 2022

Division of assets, debts, and allocation of marital property are addressed in either a Bed and Board Divorce(Separation) or a "full" Divorce. Meet with your qualified local practitioner to review your options in confidence.

1 Answer | Asked in Divorce for Rhode Island on
Q: I am going through a divorce. Can I send a message to my attorney, opposing counsel, and my spouse on the same email?
Neville Bedford
Neville Bedford
answered on Apr 19, 2022

Start with your attorney. Go from there with their advice and counsel.

1 Answer | Asked in Divorce and Family Law for Rhode Island on
Q: My ex-husband and I bought a house together before we divorce. I believe the court awarded me the house.

I never file a quitclaim and have him sign it. What should I do?

Neville Bedford
Neville Bedford
answered on Mar 28, 2022

Consult with your attorney to review the status of your case, and explore your options to complete the transfer of your house.

1 Answer | Asked in Divorce for Rhode Island on
Q: I want to get divorced I haven’t been with my husband in 3 years he is a addict in Florida somewhere

I’m in Rhode island and I don’t have the money to spend on a lawyer

Neville Bedford
Neville Bedford
answered on Feb 21, 2022

If you cannot afford to hire a lawyer for this uncomplicated no-fault divorce, based on living separate and apart for 3+ years, you will not likely be able to afford the costs of advertising should you not have his location to have the papers served on him. Hiring an attorney may save you lots of... View More

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
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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... View 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... View 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... View 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... View 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... View 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.... View 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.

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