Courts primarily base their decision on what is in the child’s best interest, using the Child’s Best Interest Standard. Factors vary from state to state, but the overall goal is to make a decision that promotes the health and wellbeing of the child. IN Rhode Island, the Court considers about 9 different factors in accordance…
Divorce is often both a financial and emotional struggle. Alimony and child support frequently take a large, even unreasonable, amounts out of your monthly paycheck. Conversely, if your income is much smaller than your soon-to-be-ex-spouse’s, or if you stayed at home to look after the family, you might find yourself in dire financial straits and…
While marriage laws are based on where the parties are at the time of marriage, divorce is based on where the parties live at the time of divorce. The answer to this question depends on whether your spouse still lives in Rhode Island. So long as your Spouse has lived in Rhode Island, continuously for…
Grandparents may have legal rights in Rhode Island, regarding visitation, however, this is far from certain. In the event the grandparents and parents can come to an agreement regarding visitation, court intervention is generally not required. When no such agreement can be made, there are certain situations grandparents may be granted a court order allowing…
When most of us think of divorce, we often fear custody battles, endless legal filings, and costly court proceedings. The process of divorce can seem daunting, and the emotional aspects of a marriage’s dissolution can be painful. But what if there was another way? Another, more collaborative and sometimes less expensive way? There is: mediation.…
A ‘gray divorce’ refers to a split that happens between an older husband and wife, often after many years of marriage. With more and more couples over fifty, or even over sixty-five, choosing to part ways, the phenomenon has also earned the names, ‘silver splitter’ and ‘diamond divorce.’ While it might be unsettling to think…
Absolutely, unequivocally no. While it remains a common belief that courts favor, or are even biased for mothers in custody disputes, this is not the case. The belief stems from past practices and trends in court. When divorce became more common in the 1970s, society, including the judges within it, assumed a gendered division of…
Our client sought to enter into a pre-nuptial contract with his prospective wife prior to marriage. He wanted to protect his significant retirement accounts and insure that his pre-marital assets remained such. After drafting the contract, and meeting with his prospective wife, some minor changes were made to the document to account for marital earnings,…
Our client sought the right to relocate her two minor children to the State of Utah whereby she intended to marry a gentleman she had met online. Our Petition to Relocate was filed subsequent to the parties divorce. Our client was the primary caregiver to the children. The father was active and regular with his…
You and your fiancé may be considering a prenuptial agreement, or “prenup” as it has come to be known. If you are considering entering into such a contract, you need to engage an attorney as doing so may not be beneficial to you. Of course, if your intent is to protect pre-marital assets, the contract…
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