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Rhode Island Divorce Questions & Answers
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.

1 Answer | Asked in Divorce for Rhode Island on
Q: What does answered or unanswered I a divorce final judgement paper mean ?

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

Neville Bedford
Neville Bedford answered on Jun 29, 2017

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... Read more »

1 Answer | Asked in Divorce for Rhode Island on
Q: What happened if the judge deninies my Decision pending entry of final judgement form

I tried to write the paper myself , however the women at the counter say it is written wrong but they gave it to the judge anyhow .

Neville Bedford
Neville Bedford answered on Jun 27, 2017

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... Read more »

1 Answer | Asked in Divorce for Rhode Island on
Q: For a Rhode Island divorce, is it possible to have a spouse served without using a Sheriff or Constable?

Can the spouse sign something waiving service?

Can we use a disinterested 3rd party?

We are still on good terms and the divorce is not contested.

Neville Bedford
Neville Bedford answered on Jun 23, 2017

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... Read more »

1 Answer | Asked in Divorce for Rhode Island on
Q: How do I respond to a divorce summons within the 20 days allotted?

I have less than a week to respond to a summons I was served by a constable for my divorce from my spouse's attorney. How do I respond formally to the court?

Neville Bedford
Neville Bedford answered on Apr 7, 2017

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.

2 Answers | Asked in Child Custody and Divorce for Rhode Island on
Q: Marrie wit children, dealin with abuse, can i leave state with my children? No emotions in court for custody
Neville Bedford
Neville Bedford answered on Jan 2, 2017

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... Read more »

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3 Answers | Asked in Divorce for Rhode Island on
Q: I married a woman with a child from a previous relationship.

I adopted the kid, but now we're getting divorced - do I still have to pay child support?

Neville Bedford
Neville Bedford answered on Nov 30, 2016

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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1 Answer | Asked in Divorce for Rhode Island on
Q: My husband filed for divorce, but didn't send in the papers after the hearing. Can I complete the divorce without him?

It is an uncontested divorce. No children, no one asked for or was awarded any spousal support. I cannot contact him, as he has changed all his information and essentially disappeared.

Neville Bedford
Neville Bedford answered on Aug 21, 2016

Engage the services of a seasoned family court attorney to ensure the matter is handled effectively.

1 Answer | Asked in Divorce for Rhode Island on
Q: I'd like to stop receiving child support for my 16 year old what do I need to do?

The father signed the birth certificate knowing it wasn't his daughter but he's been paying child support for 16 years how can I stop the payments? Now he wants out he is not her blood dad but according to the birth certificate he is. I need some advice when it comes to this he does have... Read more »

Neville Bedford
Neville Bedford answered on Jun 13, 2016

Meet with an attorney to look over the case and advise you based on the particulars.

1 Answer | Asked in Divorce and Social Security for Rhode Island on
Q: Is my SSDI my own money? Can I keep it aside to protect myself?

Husband keeps threatening divorce. He won't work. I do and I'm disabled. How can I protect myself.

Neville Bedford
Neville Bedford answered on Jun 5, 2016

Meet with an attorney to discuss your options and explore what you are want to achieve.

1 Answer | Asked in Divorce for Rhode Island on
Q: Can a divorce be cancelled if the final judgement has not been signed yet?
Neville Bedford
Neville Bedford answered on Dec 28, 2015

If you decided to reconcile and wish to have the matter dismissed, speak with your lawyer soonest to have them assist you in preparing the dismissal.

1 Answer | Asked in Divorce for Rhode Island on
Q: As a military member, am I able to file for divorce in the state that my wife and I were married in?

We were married in Oklahoma, but currently reside in Rhode Island.

Neville Bedford
Neville Bedford answered on Dec 28, 2015

If you can satisfy the residency requirements of that state, yes. Speak to a family lawyer in the area where you are living, or will be living for the next year. Residency may be based on either spouse, so if your wife is living in that jurisdiction for the required time, that is another... Read more »

1 Answer | Asked in Divorce for Rhode Island on
Q: How can I protect my house in a case of divorce from my wife

I'm married now. I got married 3 years and 4 months ago. I had been thinking of writing a Prenuptial Agreement before getting married, but I and she had to hurry to finish doing all steps because of an international marriage. We are Rhode Island residents. I have LLC (solo membership) in a... Read more »

Neville Bedford
Neville Bedford answered on Aug 24, 2015

These are complex issues that are best addressed in a private meeting with an attorney. There are agreements that can be written after marriage that are like prenuptial agreements. There are many reasons the agreement may be found invalid which is why a private and confidential meeting will likely... Read more »

1 Answer | Asked in Divorce for Rhode Island on
Q: My divorce was final 3 years ago. What do I need to do at this point to change my name back to my maiden name?
Neville Bedford
Neville Bedford answered on Aug 24, 2015

Take that Certified Copy of the Final Judgement that orders the name change to the Registry and Social Security Office.

https://www.dmv.org/ri-rhode-island/changing-your-name.php

http://www.socialsecurity.gov/forms/ss-5.pdf

and follow the procedures for professional licenses etcetera. . .

1 Answer | Asked in Divorce for Rhode Island on
Q: I moved out of the marital home 5 months ago. my husband says I am responsible for 1/2 of the household bills until a

a divorce is final. I am not on the mortgage and all the vehicles are in his name...is this true?

Paul J. Ferns
Paul J. Ferns answered on Aug 12, 2015

If no divorce action has been filed then you are not legally obligated to pay. However, depending upon how the divorce case resolves, you may be obligated to pay some money towards the mortgage if you ultimately are going to receive money from the equity in the house. If there is no money coming to... Read more »

1 Answer | Asked in Divorce for Rhode Island on
Q: What does it mean when a lawyer files an out of time motion for a divorce? Its been 9 months.it was cut and dry.

I was granted a divorce dec 2013. The attorney never filed for a final decree until a week ago and called it an out of time motion. The divorce was cut and dry the marriage settlement was filed the same day. I have paid thousands of dollars in the meantime and now have as another court date. We... Read more »

Neville Bedford
Neville Bedford answered on Mar 27, 2015

It means that the time to file the documents "in time" (within a prescribed period of time - e.g. 30 days for Decision pending Entry of Final Judgement or within 30 days of three months and one day having elapsed for the Final Judgment) has lapsed. Generally, if the "cut and... Read more »

1 Answer | Asked in Divorce for Rhode Island on
Q: If a spouse leaves their job and therefore their insurance, then gains new job and insurance, is ex spouse still covered?
Neville Bedford
Neville Bedford answered on Jun 18, 2013

see: http://webserver.rilin.state.ri.us/Statutes/title27/27-20.4/INDEX.HTM

" (a) In the event of a final judgment of divorce, whether absolute or otherwise, where one party to the divorce was at the time of the entry of the judgment for divorce a member of a health plan providing family...
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