Neville Bedford's answer 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 Services, Inc. and the Rhode Island Bar Foundation, provides pro bono (free) legal services to qualified low-income Rhode Islanders. Participating attorneys provide legal assistance, at no charge. The...
Neville Bedford's answer 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.
Neville Bedford's answer 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.
Neville Bedford's answer 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".
Neville Bedford's answer 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."
Neville Bedford's answer 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 not successful in preparing the required documents yourself, your divorce will not be final and you will remain legally married. Engaging an attorney to assist you will in avoiding unnecessary stress...
Neville Bedford's answer 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 particular documents and evaluate your options privately
Neville Bedford's answer 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 remain in the jurisdiction of the family court until the children are emancipated.
Neville Bedford's answer 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.
Neville Bedford's answer 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.
Neville Bedford's answer A divorce complaint may receive an answer and counterclaim from the defendant. These are usually filed within 20 days from the date of service by constable. In our Rhode Island Family courts, if the defendant appears they are considered "Answered." But, if they have not filed an answer and counterclaim, they may be defaulted and denied any relief. If they do not appear nor file any affirmative pleadings, they are considered "Unanswered." This also usually effects the number of witnesses...
Neville Bedford's answer This is why we have attorneys working to assist you in properly preparing the forms and navigating the process. If you file defective pleadings, there may be undesirable consequences that may delay or even dismiss your case leaving you to start again, or inadvertently remain legally married despite having done to family court(this is more common than you might imagine). The cost of engaging an attorney saves these headaches.
Neville Bedford's answer You might get by with that and save yourself $45 in constable fees. If you have an attorney assisting you, they will likely have a friendly constable able to effect service in a peaceful manner to meet the court requirements. If the judge is not satisfied with your method, it may add a few more months to your process. Contact an attorney. When the parties are in complete agreement, the time (and fees) can be very reasonable and worthwhile for the peace of mind and assurance it will be done...
Neville Bedford's answer There are always emotions in court. That is why you should consider engaging a professional to help sort betwixt them and necessary motions that are the best way to get the court to hear your case. If you choose to run away, there is a chance your children's other parent may allege you are kidnapping them. Seek support and assistance from our many fine domestic violence agencies to help you formulate a plan and find support at this difficult time. Many of our local legal counsel are also very...
Neville Bedford's answer Yes, your adopted child is legally your responsibility. Hire an attorney to help you process your divorce smoothly. There are some arrangements you should discuss regarding "the kid" that will affect child support.
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