It’s not uncommon for only one spouse to be named on the deed of a home. However, if the Home was purchased during the term of the marriage, even if only one spouse is listed on the deed. The names placed on the deed of ownership rarely matter. If it was bought during the marriage,…
When couples decide to divorce, they understand the assets accumulated throughout the marriage will need to be divided. Generally, both parties seek homeownership and other real estate holdings, high-value assets, and child custody during this process. However, when it comes to debt, couples are usually slow to take responsibility. No matter who is responsible for…
If a parent is diagnosed with a severe medical condition requiring changes to a parenting plan, both parents are encouraged to come to a new agreement. If parents cannot agree on a new plan, the dispute can be addressed by the Family Court. When reviewing any custody agreement, a Rhode Island judge will always first…
In any case involving children, Rhode Island courts always consider what is in the child’s best interest. The “standard” for determining the best interest is a complicated and multi-pronged process whereby the judge considers many things. The judge has the ability to weigh some factors greater than others. While it is generally presumed a child’s…
When divorcing, dividing assets can be a tedious process. Generally, both spouses are entitled to assets acquired and income earned during a marriage. This money is considered marital property and is subject to equitable division. The law in Rhode Island related to division of assets specifically excludes inherited property. However, after a person receives inherited…
When a marriage ends, the divorcing couple must decide how to divide the marital assets. Unless otherwise outlined in a pre-or post-nuptial agreement, all assets acquired during the marriage are considered marital assets under Rhode Island law. This includes money as well as personal property, stocks, real estate, debt, and business interests. It can even…
Generally the answer is no, however, a non-biological, non-adoptive parent who has acted in a parental role, and with whom the child identifies as a “parent” may be considered a de facto parent. A de facto parent is one who has no biological relation to the child but has participated in the child’s life as…
Divorce can be a trying life event, but add filing taxes into the mix, and most parents are running for the hills. Not to worry, by the end of this article, all of your divorce tax filing questions will be answered. Filing Status Let’s start with filing status. For couples going through the process of…
As a divorcing parent battling over custody, you may often fear that your child may decide they would rather live with the other parent or spouse. These concerns don’t end at the time of Final Judgement or resolution of your Custody case. Even once custody has been determined, parents may continue to worry as children…
Generally No. Of course this answer is dependent upon whether or not you entered into an agreed upon settlement contract. If you and your spouse reached an agreement and that agreement was memorialized into a contract that was then approved by the Court, (often referred to as a Martial Settlement Contract) the short answer is…
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