Lawyers, Answer Questions  & Get Points Log In
Rhode Island Divorce Questions & Answers
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...
Read more »

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.

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 »

View More Answers

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.

View More Answers

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.