The concept of how to divide assets is often a primary focus of divorce. When you’re talking about liquid assets like bank accounts, dividing them is as often fairly straightforward. Generally, we can assign each person an amount and then transfer the money accordingly. Unfortunately the division of a house or a pension, or other…
by Attorney Christopher E. Heberg – Notice of the Charge Has a Motion for Contempt been filed against you for not paying your child support previously ordered by the court? Perhaps, you’re filing for contempt against your spouse for not doing what was required with a Divorce Decree. No matter the precise scenario, the process…
The simple answer to this question in Rhode Island is yes. Rhode Island is not a so called community property state. Rhode Island is considered an equitable distribution state. This means a judge divides the marital assets, and marital debts, in accordance with equity, or fairness. A Judge will absolutely consider a spouses infidelity when…
by Attorney Christopher E. Heberg It’s an often-heard comment: It’s the kids who suffer most when their parents separate and divorce. Although this is undoubtedly true in many cases, in Rhode Island there is a concerted effort to at least ensure that the “voice” of the child is heard and taken into consideration by the…
by Attorney Christopher E. Heberg Happy couples who decide to get married rarely consider what will happen if my fiancé and I were to divorce. Many times people bring an asset, like a home or 401k, into a marriage and they wish to protect, and keep that, asset as separate property. If this is a…
by Attorney Christopher E. Heberg Generally, custody decisions are quite complicated and take months of negotiation and Court appearances to resolve. Unfortunately that means they can often be expensive as well. However, through good preparation and quality lawyering, you should be able to achieve your desired result. While the process is complicated, and the Court…
by Attorney Christopher E. Heberg 1. Modification. While you should not act contrary to your Decree or Court Order without consulting your attorney, it is possible that the agreement you originally made regarding child support, custody and division of property is no longer functional. Please also do not wait if you believe there has been…
Additional Information: One of my kids is graduating from Providence College next month. The settlement agreement says kids are emancipated upon completion of a four year degree. Can I stop paying child support as soon as he graduates or must I file something with the Court? ATTORNEY ANSWER: Interesting question. I think you probably must…
Additional Information: Can my wife that I have been separated from for 30 years get half of my house and 401k? I married my wife in ’82 and we separated in ’85. We didn’t get divorced but we are both seeing someone else. She has her own place and also retirement benefits from her job, …
Additional Information: My boyfriend and I got married 3 months ago, and I now realize we rushed into things. How do I know if I am eligible for getting an annulment in Rhode Island? ATTORNEY ANSWER: Unfortunately, the fact that you rushed into it is not a basis for an annulment. While you certainly may…