Rhode Island Divorce Questions & Answers

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.

1 Answer | Asked in Divorce for Rhode Island on
Answered on Feb 27, 2019
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...

Q: I need to file an answer to a family court summons. What is the wording and who/where do I send it?

1 Answer | Asked in Divorce and Family Law for Rhode Island on
Answered on Jul 18, 2018
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.

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?

1 Answer | Asked in Divorce and Child Custody for Rhode Island on
Answered on May 27, 2018
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.

Q: How will proof of multiple affairs affect my divorce settlement in RI?

1 Answer | Asked in Divorce for Rhode Island on
Answered on Apr 24, 2018
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".

Q: I am getting divorced and have just receive a settlement for workman's comp is my husband entitled to any of this

1 Answer | Asked in Divorce for Rhode Island on
Answered on Feb 17, 2018
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."

Q: How do I support my case to have physical placement of my child? Shared placement does not work with dads work schedule.

1 Answer | Asked in Child Custody, Divorce and Family Law for Rhode Island on
Answered on Feb 17, 2018
Neville Bedford's answer
If you and your child's father cannot resolve it, work with a practicing family court attorney to help prepare to present your case.

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

1 Answer | Asked in Divorce for Rhode Island on
Answered on Dec 26, 2017
Neville Bedford's answer
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.

Q: rec'd letter stating i need to file a written motion to enter final judgement of my divorce. What form do i use?

1 Answer | Asked in Divorce for Rhode Island on
Answered on Dec 5, 2017
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...

Q: Use of VA dependent education benefits for children's education and divorce

1 Answer | Asked in Divorce for Rhode Island on
Answered on Aug 22, 2017
Neville Bedford's answer
These are best discussed with your attorney in private after a careful review of your court orders and agreements.

Q: I'm in foreclosure; can the mortgage co. send my ex-wife a certified notice or would that be considered slander?

1 Answer | Asked in Consumer Law, Divorce, Foreclosure and Libel & Slander for Rhode Island on
Answered on Aug 19, 2017
Neville Bedford's answer
If you have it, bring the notice to the attorney you have retained to assist you in the foreclosure matter.

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?

1 Answer | Asked in Divorce for Rhode Island on
Answered on Aug 19, 2017
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

Q: My ex wife has filed a motion for Relief after Final Judgement of our divorce. Date of final judgement was 2/24/16

1 Answer | Asked in Divorce and Child Support for Rhode Island on
Answered on Aug 19, 2017
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.

Q: In a divorce, can the estranged spouse be the witness to residency? Is there an alternative to bringing a witness?

1 Answer | Asked in Divorce for Rhode Island on
Answered on Jul 25, 2017
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.

Q: Is there an alternative to having a witness testify to residency in a nominal divorce?

1 Answer | Asked in Divorce for Rhode Island on
Answered on Jul 25, 2017
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.

Q: What does answered or unanswered I a divorce final judgement paper mean ?

1 Answer | Asked in Divorce for Rhode Island on
Answered on Jun 29, 2017
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...

Q: What happened if the judge deninies my Decision pending entry of final judgement form

1 Answer | Asked in Divorce for Rhode Island on
Answered on Jun 27, 2017
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.

Q: For a Rhode Island divorce, is it possible to have a spouse served without using a Sheriff or Constable?

1 Answer | Asked in Divorce for Rhode Island on
Answered on Jun 23, 2017
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...

Q: How do I respond to a divorce summons within the 20 days allotted?

1 Answer | Asked in Divorce for Rhode Island on
Answered on Apr 7, 2017
Neville Bedford's answer
Get an attorney to help you. If you do it wrong, you may expose to greater loss than that cost. Most offer a free consultation.

Q: Marrie wit children, dealin with abuse, can i leave state with my children? No emotions in court for custody

2 Answers | Asked in Child Custody and Divorce for Rhode Island on
Answered on Jan 2, 2017
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...

Q: I married a woman with a child from a previous relationship.

3 Answers | Asked in Divorce for Rhode Island on
Answered on Nov 30, 2016
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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