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Rhode Island Divorce Attorney
By Christopher E. Heberg | RI Divorce Lawyer and Family Law Attorney
Rhode Island Divorce Attorney
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Category Archives: Questions & Answers

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Do we have to get divorced or can we remain separated indefinitely?

Questions & AnswersBy Christopher E. HebergFebruary 16, 2012

Additional  Information: I left my husband a couple of years ago and moved out of state (I’m in Cranston, Rhode Island now but we were married in Boston). When I moved, we just needed some time apart.   I don’t plan to remarry and don’t expect he would either.  Are there any issues with remaining separated…

When we divorce, will I be responsible for half of my wife’s school loan?

Questions & AnswersBy Christopher E. HebergNovember 22, 2011

Additional Information: My wife and I are getting divorced.  She took out a loan so she could go back to school at URI.  She said she would use the degree to get a job, but she hasn’t finished the program so technically the “community” hasn’t benefited from her going to school.  Will I be liable…

Will he be entitled to half of our property when we divorce?

Questions & AnswersBy Christopher E. HebergNovember 17, 2011

Additional Information: My husband married me for my family’s money.  We’ve been married for 5 years, have 3 kids and a house worth $2.5 M in East Greenwich. He took care of all the finances and I just found out that he has depleted our bank accounts.  He came into the marriage with next to…

In RI am I entitled to 50% of my wife’s inheritance?

Questions & AnswersBy Christopher E. HebergOctober 13, 2011

Additional Information: My wife and I have been married for 21 years.  We were high school sweethearts in Cranston, RI.  Throughout our marriage, I supported her and the kids and she’s always been a stay at home mom.  We are now going through a divorce and she just received an inheritance of over $200,000.  Am…

We don’t have enough money from child support or alimony to live in Providence.

Questions & AnswersBy Christopher E. HebergOctober 6, 2011

Additional Information: Can the provisions of a divorce be changed after finalization?  I don’t think we considered all of the children’s expenses when we were getting divorced.  Now that the divorce is finalized and we’re settled into our new apartment in Providence, I don’t have enough money to do the things I want to do…

What’s the best way to handle the financial aspects of a divorce?

Questions & AnswersBy Christopher E. HebergJune 30, 2011

Additional Information: I have been separated (not legally) from my husband for over a year and half. I live in Barrington and he lives in Bristol. We are both on good terms and share custody of our 2 children.  He currently pays for daycare for our son and I’d like to ask him to help…

Can my IRA in Rhode Island be garnished to back pay child support in Florida?

Questions & AnswersBy Christopher E. HebergJune 25, 2011

ATTORNEY ANSWER: Your IRA probably can not be garnished. Most tax qualified retirement assets are protected from Judgments and garnishments. An order for child support would fall under this rule. You should be ok.

My husband and I are on bad terms, can we file for divorce separately in Rhode Island?

Questions & AnswersBy Christopher E. HebergMarch 16, 2011

Additional Information: Do a husband and wife both have to be present to file a joint petition for an uncontested divorce in Rhode Island?  Do we have to go together or can we go separately? ATTORNEY ANSWER: You may go separately but there are legal requirements that must be met if you go alone.

How do I go about filing for a divorce in Rhode Island if I have no idea where my soon-to-be-ex lives?

Questions & AnswersBy Christopher E. HebergMarch 9, 2011

Additional Information: I separated from my husband in 2008 & moved to Providence, RI from NY. How can I get divorce if we have no contact? We did not have any children from marriage but I do have a ten year old from a previous marriage. We parted on bad terms and I have no…

Can a judge order my husband to sell stock in order to help with the mortgage?

Questions & AnswersBy Christopher E. HebergJanuary 14, 2011

  ADDITIONAL INFORMATION: I am separated from my husband and we are behind on our mortgage for the house in Warwick RI. We are currently 3 months behind on our mortgage payments and have been separated for 6 months. My husband is refusing to cash in $70K in stock to help pay the monthly mortgage.…

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