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Rhode Island Divorce Questions & Answers
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 statements... 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.

1 Answer | Asked in Divorce and Child Custody for Rhode Island on
Q: Husband is cheating and verbally abusive to me and kids. I have family out of state. Can we go and I start a case there?

We are married. He is cheating and is verbally/emotionally abusive along with a history of drinking. I have family out of state that have opened their doors to the kids and me. Can I bring the kids there for safety and start a case for separation from the new state?

Neville Bedford
Neville Bedford answered on May 27, 2018

You may file the case in Rhode Island. The other state may have a residency requirement that could cause you to have to wait for up to a year before filing. Meet with a Rhode Island Divorce attorney to explore your options soonest.

1 Answer | Asked in Divorce for Rhode Island on
Q: How will proof of multiple affairs affect my divorce settlement in RI?

I have proof that my husband has advertised for and been involved in multiple sugar daddy arrangements....

Over 3 year period, spending hundreds of thousands of dollars. I was unaware and always told that money was tight...affecting me and our three children. Will this affect alimony as... Read more »

Neville Bedford
Neville Bedford answered on Apr 24, 2018

Talk to the attorney representing you in your divorce. If you don't have one, make an appointment to meet with and retain one soonest. Also, consider going to your doctor to get tested for any unwanted "gifts".

1 Answer | Asked in Divorce for Rhode Island on
Q: I am getting divorced and have just receive a settlement for workman's comp is my husband entitled to any of this

Married only five and a half years no kids together I received $282 weekly for 9 months and then settled for $22,000 can he get any of this in the divorce

Neville Bedford
Neville Bedford answered on Feb 17, 2018

Talk to the attorney you retained to represent you in your divorce. Depending on the nature of the settlement, and the other assets, if any, there may be a way to come to a satisfactory arrangement to help you get on the road to becoming "happily unmarried."

1 Answer | Asked in Child Custody, Divorce and Family Law for Rhode Island on
Q: How do I support my case to have physical placement of my child? Shared placement does not work with dads work schedule.

I supported half our income on part time and am available most days to bring/pick up our son to school. I believe it would be in the best interest for him to have physical placement with me versus what his father wants which is shared placement (50/50). However, he works full time with many times... Read more »

Neville Bedford
Neville Bedford answered on Feb 17, 2018

If you and your child's father cannot resolve it, work with a practicing family court attorney to help prepare to present your case.

1 Answer | Asked in Divorce for Rhode Island on
Q: What do I do if my ex and I went to court for a divorce seen a judge and she was suppose to do the divorce decree but no

But she didn't do It and its been over a year and I thought I was divorced. we do not speak at all. Please help

Neville Bedford
Neville Bedford answered on Dec 26, 2017

Meet with and retain an attorney to complete the steps necessary to correct this situation.Sometimes, starting with an attorney ensures the process goes more smoothly.

1 Answer | Asked in Divorce for Rhode Island on
Q: rec'd letter stating i need to file a written motion to enter final judgement of my divorce. What form do i use?

After this is all done am I finally divorced?

Neville Bedford
Neville Bedford answered on Dec 5, 2017

There are various documents that need to be prepared, filed, and noticed to complete a divorce action.

There are forms available but they do not include all of the information required.

If you cannot afford to engage an attorney to assist you in doing this properly, and you are...
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1 Answer | Asked in Divorce for Rhode Island on
Q: Use of VA dependent education benefits for children's education and divorce

. I am a 100% disabled veteran. I have three daughters and have applied for the VA dependent education benefit (chapter 35) to pay for college expenses. My ex wife wants this to be applied to her half of the tuition that is due. E.g. We owe $8000 this year and instead of splitting that she wants to... Read more »

Neville Bedford
Neville Bedford answered on Aug 22, 2017

These are best discussed with your attorney in private after a careful review of your court orders and agreements.

1 Answer | Asked in Consumer Law, Divorce, Foreclosure and Libel & Slander for Rhode Island on
Q: I'm in foreclosure; can the mortgage co. send my ex-wife a certified notice or would that be considered slander?

The property has always been in my name only & predates the marriage. My ex never lived there; her name was never on any of the paperwork. The divorce final judgment was 10/31/95. Our agreement clearly indicated the property was mine & she has no claim to it.

Neville Bedford
Neville Bedford answered on Aug 19, 2017

If you have it, bring the notice to the attorney you have retained to assist you in the foreclosure matter.

1 Answer | Asked in Divorce for Rhode Island on
Q: Is there a time limit to filing a Motion for relief from final judgement in RI divorce? do I need to respond to motion?
Neville Bedford
Neville Bedford answered on Aug 19, 2017

Yes, under rule 60, there is a time limit if you are petitioning the court to vacate the prior Judgment. If, however, there is a post final motion for relief and it is unanswered, the risk of a default judgment is very possible. To clarify this answer, contact an attorney to review your... Read more »

1 Answer | Asked in Divorce and Child Support for Rhode Island on
Q: My ex wife has filed a motion for Relief after Final Judgement of our divorce. Date of final judgement was 2/24/16

. I am a 100% disabled veteran. I have three daughters and have applied for the VA dependent education benefit (chapter 35) to pay for college expenses. My ex wife wants this to be applied to her half of the tuition that is due. E.g. We owe $8000 this year and instead of splitting that she wants to... Read more »

Neville Bedford
Neville Bedford answered on Aug 19, 2017

The law of your particular case will be found in your settlement agreement. If there are ambiguities that may be argued in your favor, go over these with your attorney. If you do not have an attorney, that is the first matter you should address. Issues of child support, parenting, and custody... Read more »

1 Answer | Asked in Divorce for Rhode Island on
Q: In a divorce, can the estranged spouse be the witness to residency? Is there an alternative to bringing a witness?

My spouse has filed for divorce pro se. Everything is amicable. She has been told that she needs a witness to her residency; neither of us are comfortable asking someone to miss a day at work.

Neville Bedford
Neville Bedford answered on Jul 25, 2017

Yes, there are many other details that may cause delay if you continue Pro Se. Consider hiring an experienced RI Family Court Divorce attorney to ensure you complete the process correctly and without delay.

1 Answer | Asked in Divorce for Rhode Island on
Q: Is there an alternative to having a witness testify to residency in a nominal divorce?

We have an upcoming hearing. Neither of us are comfortable asking someone to take a day out of work to testify. Can we serve as each other's witness?

Neville Bedford
Neville Bedford answered on Jul 25, 2017

Yes, or you could prepare a witness affidavit for the court. Ideally, you will have an experienced Rhode Island Family court attorney helping you navigate the hearing procedure and preparing the necessary follow up documents correctly, and in a timely manner.

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