Blog Categories

How Adoption Works in Rhode Island

In Rhode Island and across the United States, there are several routes for adoption , and each has unique rules. Different types of adoption work in different ways, and every state has its own laws. For example, private adoption is illegal in Colorado, Connecticut, Delaware, and Massachusetts but legal in Rhode Island and other states. Whether you choose to adopt through an adoption agency, ...

What Are the Requirements to Adopt a Child in Rhode Island?

To adopt in Rhode Island, you must be over 18 years old and a permanent resident of the state. Any adult can adopt a child, but the state requires a home residency (or home study ) before the adoption can be finalized. If you are married, you and your spouse must adopt together, but any person can adopt someone younger than them, regardless of race, gender, marital status, sexual orientation, and ...

November is National Adoption Month

Throughout the United States, November is being celebrated as National Adoption Month. Numerous adoption professionals and agencies are participating in community events to encourage awareness of adoption opportunities and the vital need for adoption throughout the country. Adoptions occur in many different forms and contexts including foster parent adoption (following the DCYF termination of ...

Factors Impacting Spousal Support in Rhode Island

How Spousal Support Is Determined in Rhode Island There are many different variables that could impact an alimony or spousal support order. In a Rhode Island divorce, some individuals may qualify for spousal support and others may not according to the circumstances at hand and the type of spousal support requested. As spousal support is a rehabilitative tool intended to provide temporary support ...

How Long Do You Have to Pay Spousal Support?

When Does Spousal Support Terminate? In Rhode Island, alimony, also known as spousal support, is granted to help the receiving spouse become self-sufficient. There are three different types of alimony or support available in the state -- temporary, rehabilitative, or permanent. Spousal support duration varies according to the terms of the divorce decree, marital settlement agreement and factors ...

What You Need to Know About the New Alimony Tax Laws

The new Tax Cuts and Jobs Act will change the way that alimony tax is treated. These changes will affect divorce and separation agreements that are executed after 2018. Under the current alimony rules, a person who pays alimony or a separate maintenance can deduct an amount that is equal to the payments made during the year. This is called an “above-the –line” deduction. Under these rules, alimony ...

How Do the Courts Handle Animal Cruelty and Neglect Cases?

Animal cruelty and neglect are illegal, but courts across the nation see animals as property. According to the American Society for the Prevention of Cruelty to Animals (ASPCA), this can make protecting animals extremely difficult. Even if someone is charged with the crime of animal cruelty or neglect, the person’s rights are still prioritized over the animal’s rights. According to the Fourteenth ...

Pet Leases: A New Trend

Many people make the mistake of giving people pets as a holiday gift, regardless of whether or not the recipient is interested in the responsibility of pet ownership. Pet purchases surge around November and December, and the number of pets in shelters increases around December and January. Animal welfare advocates around the country advise people to ensure the recipient is eager and ready for a ...

Client Buys Dog in China with Now-Ex-Boyfriend, Ownership Issue Arises

Who really owns a dog, a creature with its own free will and decisions to make? How can ownership of anything be established within a couple that never gets married? Does the fact that the dog was bought in a foreign country change anything? All of these questions and more needed to be addressed carefully in a recent dog ownership case in Rhode Island, which highlights just how complex an animal ...

How COVID-19 Turned Business Insurance into a Legal Battleground

The COVID-19 pandemic impacted the US economy in a way few would have thought possible going into the pandemic. At the time of this writing, more than 40 million US citizens have applied for unemployment benefits since the start of the pandemic . Federal Reserve Chair Jerome Powell warned that the unemployment rate could peak at 25% , rivaling Great Depression-era figures. Unfortunately, small and ...

Rhode Island Superior Court Announces COVID-19 Business Recovery Plan

The Rhode Island Superior Court has announced a new program designed to provide protection to businesses facing the economic consequences of the recent COVID-19 pandemic. According to the program, businesses that have been significantly disrupted can apply for receivership-like protection. That protection will enable businesses to continue their operations, access capital and pay what debts they ...

How COVID-19 Turned Business Insurance into a Legal Battleground

The COVID-19 pandemic impacted the US economy in a way few would have thought possible going into the pandemic. At the time of this writing, more than 40 million US citizens have applied for unemployment benefits since the start of the pandemic . Federal Reserve Chair Jerome Powell warned that the unemployment rate could peak at 25% , rivaling Great Depression-era figures. Unfortunately, small and ...

Contempt for Unpaid Child Support

What is Contempt of Court? Courts can hold a person in contempt of court for disobeying its legal orders and directives. The power to hold someone in contempt of court arises for the purpose of securing respect for the court’s legal authority and enforcing its orders. For example, if the court issues an injunction requiring a knock-off shoe manufacturer to cease and desist from selling shoes in ...

Relocation Cases in Divorce: Who Stays with the Children?

One of the most contentious aspects of a typical divorce is child custody . Most parents want to spend as much time with their children after a divorce as possible and are willing to fight in court to ensure that happens. By the end, even an uncontested divorce can become heated as both spouses do what they can to win their parental rights. However, when a divorce is settled, there is nothing that ...

Rhode Island Supreme Court Upholds Child Support Guidelines

A recent case presented before the Rhode Island Supreme Court reiterated its policy of standing by the previously established guidelines for determining child support. The case, an appeal brought forward by Michael Vieira, sought to appeal that the family law judge who had initially decided their divorce had erred in several aspects of their decision. One of the areas that came into question was ...

Solving Contract Disputes That Bother Your Business

As a business owner or company manager, you already know that business contracts are the structural supports of your business, keeping everything standing strong, no matter what else changes. Another analogy is comparing business contracts to the gears of a clock, unseen from the outside but completely integral to all base functions. With so much importance placed on your business contracts, big ...

Attorney Deborah Tate Quoted in The Providence Journal Article on COVID-19 & Divorce

Our very own attorney Deborah Tate was recently featured in an article by The Providence Journal discussing the pandemic’s effect on Rhode Island divorces. In the article, a chief judge stated that co-parents often filed emergency visitation motions at the start of the pandemic when travel restrictions and guidelines were beginning to form. However, Deb stated that she continues to see these ...

How COVID-19 Turned Business Insurance into a Legal Battleground

The COVID-19 pandemic impacted the US economy in a way few would have thought possible going into the pandemic. At the time of this writing, more than 40 million US citizens have applied for unemployment benefits since the start of the pandemic . Federal Reserve Chair Jerome Powell warned that the unemployment rate could peak at 25% , rivaling Great Depression-era figures. Unfortunately, small and ...

Rhode Island Superior Court Announces COVID-19 Business Recovery Plan

The Rhode Island Superior Court has announced a new program designed to provide protection to businesses facing the economic consequences of the recent COVID-19 pandemic. According to the program, businesses that have been significantly disrupted can apply for receivership-like protection. That protection will enable businesses to continue their operations, access capital and pay what debts they ...

Overview of Supervised Parenting Time in Rhode Island

In an ideal situation, a divorce will end with both parents having joint custody rights of their children. Usually, this means that one parent will have physical possession of the children, and the other parent will have visitation or parenting time. For the parent that does not have physical possession, visitation can be arranged using a predictable schedule, such as visitation for several hours ...

Relocation Cases in Divorce: Who Stays with the Children?

One of the most contentious aspects of a typical divorce is child custody . Most parents want to spend as much time with their children after a divorce as possible and are willing to fight in court to ensure that happens. By the end, even an uncontested divorce can become heated as both spouses do what they can to win their parental rights. However, when a divorce is settled, there is nothing that ...

Rhode Island Child Custody Laws for Unmarried Parents

Legal issues regarding child custody in Rhode Island are often complicated and stressful. At McIntyre Tate LLP, we are committed to providing diligent representation for clients navigating the RI family court system. If you are a divorced or unmarried parent, what are your rights concerning custody of your child? Here’s what you need to know: Mother’s Custody Rights An unmarried mother has sole ...

Is Your Spouse Hiding Money? Create a Fair Divorce Settlement

You aren’t asking for more than your fair share. But receiving what’s fair in a divorce is impossible if your spouse is concealing assets. The only way to have equitable asset division is to know all that is at stake. Our attorneys at McIntyre Tate LLP know the red flags to watch for in divorce. Hiding assets is not only found in high-net-worth divorces . We’ve seen the attempt to obscure property ...

U.S. Divorce Rate Hits 50-Year Low

U.S. Divorce Rate Hits 50-Year Low Marriage and divorce are common experiences in the Western world. According to the American Psychological Association , more than 90% of people in Western cultures marry by age 50. Nevertheless, both marriage and divorce rates are declining. In 2020, the U.S. divorce rate hit a 50-year low. Although many people expected divorce rates to skyrocket due to the ...

How to Uncover Hidden Assets in a Divorce

How to Uncover Hidden Assets in a Divorce It is never easy to come to terms with the fact that your spouse may be hiding assets from you during a divorce . The divorce process itself is difficult to process, so needing to deal with how to uncover hidden assets as well can add even more stress to your plate during this time. Fortunately, you can hire an attorney as well as seasoned professionals to ...

Life Insurance in Divorce

An untimely death after a divorce can leave the surviving spouse in a dire financial situation. For this reason, the judge may sometimes order one or both spouses to maintain a certain amount of life insurance to protect the other in the event that tragedy should strike. In this way, the other person would be financially protected in the even they are forced to take over responsibilities, such as ...

Obtaining a Restraining Order in Rhode Island

Rhode Island Family Lawyers, Helping Protect You Family law issues are always sensitive, but perhaps none more sensitive than domestic violence . When someone living with you, becomes physically or mentally abusive, including a spouse, it is imperative that you get to safety and seek help as soon as possible. One way to protect yourself is to obtain a protective or restraining order from the ...

Rhode Island Supreme Court upholds child custody decision

The Rhode Island Supreme Court has upheld a Family Court judge's denial of custody and visitation . The father had been convicted for second-degree child abuse. While the conviction was later overturned, the father failed to comply with the trial judge's order that he attend domestic violence counseling and a drug program. The decision can be found by requesting a copy by contacting McIntyre Tate ...

Changes in Rhode Island DUI laws

McIntyre Tate LLP partner Robert Sgroi has an extensive background in criminal law as both a prosecutor for Warwick and representing criminal defendents. He routinely represents defendants in DUI cases and offers the following information about recent changes to Rhode Island Law. Effective January 1, 2015 the Rhode Island General Assembly enacted several revisions to the laws relative to driving ...

Elder law information for guardians and substitute decision makers

At McIntyre Tate LLP our elder law lawyers frequently represent families who are helping senior citizen relatives as well as adult disabled family members in guardianship and related matters. There are numerous sources of good information to help families in making informed decisions on behalf of their loved ones. One of the best sources of information is the Georgetown University Center for Child ...

Healthcare agent's financial agreements with nursing home voided

Yesterday, the Massachusetts Supreme Judicial Court issued a landmark case involving the scope of durable powers of attorney for health care. In Johnson v. Kindred , a senior citizen executed a health care proxy granting his wife authority to make health care decisions when he is unable to do so. Upon admitting him to a nursing home, the wife was asked by the facility to sign an admission ...

Supreme Court uphold DHS medical assistance claim

A recent ruling of the Rhode Island Supreme Court confirmed the priority status of Rhode Island Department of Human Service liens for the payment of nursing home bills through its medical assistance program. In In Re Estate of May Manchester , the estate administrator failed to notify the DHS that an estate has commenced, as required by statute. Several years later when the DHS learned that the ...

Attorney Deborah Tate Featured in Bradley Hospital Bulletin

The Bradley Bulletin recently featured one of McIntyre Tate's named partners, Attorney Deborah Tate. The article discussed Ms. Tate’s continued support of Bradley Hospital. Attorney Tate is no stranger to the mental health needs of children during a divorce. "Our clients look to us for a lot of guidance,” she says, “not just with their legal issues, but also with mental health resources for ...

Nicholas Hunt Joins Legal Team at McIntyre Tate LLP

McIntytre Tate is pleased to announce that Nicholas Hunt has joined the firm as an associate. Nick received his Juris Doctor from Roger Williams University School of Law in Bristol, Rhode Island. He will be practicing in the areas of Family Law and Commercial Litigation, assisting our clients in all aspects of the Firm's practice. Nick brings real world experience running his own business as a ...

Attorney Deborah Tate Quoted About COVID-19 Disputes in Divorce

Our very own attorney Deborah Tate was recently quoted in an article about the new issues facing families and divorce attorneys since the arrival of COVID-19. Rhode Island Lawyers Weekly highlighted Tate’s experience in helping clients whose views countered their exes about vaccines and safety. “It’s usually something along the lines of ‘I don’t want my kids in the house where there are ...

How COVID-19 Affects Guardians

As the COVID-19 pandemic escalates, guardians across the country are finding themselves unsure of how the coronavirus affects their roles and responsibilities. The American Bar Association (ABA), National Center for State Courts (NCSC), and the National Guardianship Association (NGA) recently released a lengthy report detailing how COVID-19 affects guardians. As part of our effort to help ...

Grandparents visitation rights in Rhode Island

Under Rhode Island law grandparents and relatives have the right to petition the Family Court to visit with a grandchild and other relatives. Frequently it occurs that during or after divorce grandparents or relatives have been shunned by one spouse. Additionally, visitation with a family member or grandparent is sometimes curtailed when one of the child's parents has died. If the Parents Don't ...

RI Supreme Court Upholds Divorce Health Insurance Agreement

The Rhode Island Supreme Court ruled this week that that an ex-husband cannot escape liability for a ten year old agreement to provide health insurance for his ex-wife. In O'Donnell v. O'Donnell , the ex-husband argued in Newport Family Court that notwithstanding his testimony in Family Court at his divorce hearing about his agreement to provide health insurance to his then wife until she reached ...

Common Law Marriage: Luis vs. Gaugler

The wedding vow “for better or worse” has been taken by millions of brides and bridegrooms throughout history. Its origins can be traced back to Medieval England, if not farther. The phrase is defined in Merriam-Webster’s dictionary as meaning: “whether good or bad things happen.” But what, if any, are the vows in a common law marriage? Rhode Island is one of the few states that still recognizes ...

What You Need to Know About the New Alimony Tax Laws

The new Tax Cuts and Jobs Act will change the way that alimony tax is treated. These changes will affect divorce and separation agreements that are executed after 2018. Under the current alimony rules, a person who pays alimony or a separate maintenance can deduct an amount that is equal to the payments made during the year. This is called an “above-the –line” deduction. Under these rules, alimony ...

How is a common law marriage established in Rhode Island?

Rhode Island is one of few states that recognize common law marriages . The Rhode Island Supreme Court first recognized the validity of common law marriage in the seminal case Holgate v. United Electric Rys. Co., 47 R.I. 337 (1926). Since rendering its Holgate decision, the Supreme Court has expanded upon and reaffirmed the validity of common law marriages in its subsequent case law. Establish a ...

Laura Ruzzo Reale Recognized by Best Lawyers: Ones to Watch in 2022

Best Lawyers: Ones to Watch released its 2022 edition on August 19, 2021, continuing a 30-year tradition and highlighting outstanding attorneys who are earlier in their careers. The Best Lawyers: Ones to Watch awards are based on peer review. Lawyers must be nominated, and along with attorneys recognized in the traditional Best Lawyers publication, all nominated lawyers provide feedback on ...

Attorney Deborah Tate Quoted in The Providence Journal Article on COVID-19 & Divorce

Our very own attorney Deborah Tate was recently featured in an article by The Providence Journal discussing the pandemic’s effect on Rhode Island divorces. In the article, a chief judge stated that co-parents often filed emergency visitation motions at the start of the pandemic when travel restrictions and guidelines were beginning to form. However, Deb stated that she continues to see these ...

Will Infidelity Affect My Divorce Settlement?

If your spouse cheated on you, ultimately leading to your divorce, you are probably wondering if this act of betrayal might have an impact on your divorce settlement. In many states, adultery does not have much of an impact on one’s divorce settlement. However, in Rhode Island, this conduct may be considered by the Court in the division of marital property. It is a factor, therefore, that should ...

Rhode Island Supreme Court Rules in Glassie v. Doucette

The Rhode Island Supreme Court recently decided an appeal from a Superior Court ruling that interpreted a Family Court marital settlement agreement. The case is one of the first impressions in Rhode Island and has significant precedential value for those divorcing in Rhode Island. In Glassie v. Doucette the daughter of the formerly married couple sued her father’s estate to enforce the marital ...

The Right to Dispose of Decedent's Remains Includes Choosing Content on Headstone

An interesting case was decided by a Tennessee court involving a family dispute over a headstone inscription. The decedent's adoptive father appealed a trial court ruling that decedent's surviving spouse had the right to control the inscription on decedent's headstone. The headstone at dispute listed the surname of decedent's biological father. The adoptive father argued that the statute governing ...

Understanding Parenthood for Same-Sex Couples

How to Obtain Parenthood for Same-Sex Couples Becoming a parent is one of the proudest moments of a person’s life. However, despite the Supreme Court ruling legalizing gay marriage in 2015, same-sex couples still face certain hurdles when it comes to parental rights. Legal parenthood for same-sex couples is a hot topic for LGBTQ lawyers, same-sex couples, parents, and advocates not just in the ...

South Carolina Rules on Same-Sex Common Law Marriage

In a recent South Carolina trial court decision, a family court justice found that a same-sex couple who had separated after thirty (30) years of being together had a common law marriage. South Carolina is one of eight (8) states that recognize common law marriage, including Rhode Island. In so finding, the family court justice determined that the U.S. Supreme Court’s 2015 landmark decision - ...

The rights of unmarried couples in Rhode Island

Frequently questions arise about the rights of non-married cohabitants after the break of a relationship. Of course if the parties previously entered a formal agreement about their assets, that document controls. However, when the parties do not have a written agreement, equitable considerations will govern. Rhode Island courts have never permitted an unrelated co-habitant to acquire a legal or ...

Life Insurance in Divorce

An untimely death after a divorce can leave the surviving spouse in a dire financial situation. For this reason, the judge may sometimes order one or both spouses to maintain a certain amount of life insurance to protect the other in the event that tragedy should strike. In this way, the other person would be financially protected in the even they are forced to take over responsibilities, such as ...

Can I Reduce My Spousal Support Payments?

No one wants to pay spousal support forever or for much longer than is necessary. But whether you can change your support payment may depend on how it was established in the first place. If spousal support was ordered by the Court after a trial, or if it was set in a final judgment of divorce without a separate marital settlement agreement, you may be able to get a modification based on a change ...

South Carolina Rules on Same-Sex Common Law Marriage

In a recent South Carolina trial court decision, a family court justice found that a same-sex couple who had separated after thirty (30) years of being together had a common law marriage. South Carolina is one of eight (8) states that recognize common law marriage, including Rhode Island. In so finding, the family court justice determined that the U.S. Supreme Court’s 2015 landmark decision - ...

The rights of unmarried couples in Rhode Island

Frequently questions arise about the rights of non-married cohabitants after the break of a relationship. Of course if the parties previously entered a formal agreement about their assets, that document controls. However, when the parties do not have a written agreement, equitable considerations will govern. Rhode Island courts have never permitted an unrelated co-habitant to acquire a legal or ...

Attorney Deborah Tate Quoted in The Providence Journal Article on COVID-19 & Divorce

Our very own attorney Deborah Tate was recently featured in an article by The Providence Journal discussing the pandemic’s effect on Rhode Island divorces. In the article, a chief judge stated that co-parents often filed emergency visitation motions at the start of the pandemic when travel restrictions and guidelines were beginning to form. However, Deb stated that she continues to see these ...

Overview of Supervised Parenting Time in Rhode Island

In an ideal situation, a divorce will end with both parents having joint custody rights of their children. Usually, this means that one parent will have physical possession of the children, and the other parent will have visitation or parenting time. For the parent that does not have physical possession, visitation can be arranged using a predictable schedule, such as visitation for several hours ...

Visitation Schedules in Rhode Island: Residential, Holiday & Vacation

Visitation schedules are used in Rhode Island to help a child see both parents at predictable intervals after a divorce . The parent who did not receive primary physical child custody will get to see their child through visitation. It is important to find a fair, balanced visitation schedule that upholds your child’s best interests and happiness. To begin, you should know that visitation can be ...