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 »
. 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 »
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 »
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.
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.
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
" (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...Read more »
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