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 ...

Can I Get Temporary Orders During a Pending Divorce?

When spouses decide to end their marriage, each side begins to deliberate on what they want in the divorce to support their needs and those of their children. They focus on the next chapter of their life and what it will look like. The future-oriented position is appropriate and necessary. There also needs to be a strategy for what happens between marriage and divorce. The divorce process in Rhode ...

How Does My Ex’s Income Affect My Spousal Support Award?

The phrase “You can’t get blood from a turnip” applies to spousal support. Your ex’s income directly impacts any spousal support award. Rhode Island judges have considerable discretion in determining spousal support , but bedrock factors are the person’s need and their spouse’s ability to pay. Spousal support awards are far from guaranteed during a divorce action . Judges will demand that a ...

How Does a Judge Determine Whether to Award Alimony?

Hollywood portrayals often show alimony as a means to punish a spouse or to make extravagant purchases. Life does not imitate art. Alimony in Rhode Island is awarded when one spouse does not have the financial means to provide for essential purchases like rent, utilities, and food. Alimony is not about helping someone enjoy a more extravagant lifestyle than they lived while married. Most 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 ...

Can I Get Temporary Orders During a Pending Divorce?

When spouses decide to end their marriage, each side begins to deliberate on what they want in the divorce to support their needs and those of their children. They focus on the next chapter of their life and what it will look like. The future-oriented position is appropriate and necessary. There also needs to be a strategy for what happens between marriage and divorce. The divorce process in Rhode ...

Do Gifts Count Toward Satisfying Child Support Obligations?

The winter holidays are a time for gathering with loved ones and exchanging gifts. Parents typically spend between $200 and $300 for each child . That average typically does not go down when parents are not married. If you are a parent who pays child support to a co-parent, you are still obligated to make your required child support payment, regardless of how much you spend on gifts for the child. ...

When Can a Judge Deviate from the RI Child Support Formula?

Like other states, Rhode Island has a formula to determine basic child support obligations . The federal government requires states to follow certain standards while allowing for customization. The basic calculation for child support does not always meet the needs of the child or is otherwise unfair to the child or either parent. When this is the case, the judge has the authority to deviate from ...

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 ...

Can I Get Temporary Orders During a Pending Divorce?

When spouses decide to end their marriage, each side begins to deliberate on what they want in the divorce to support their needs and those of their children. They focus on the next chapter of their life and what it will look like. The future-oriented position is appropriate and necessary. There also needs to be a strategy for what happens between marriage and divorce. The divorce process in Rhode ...

Will I Get Physical Custody Placement if I’m Awarded Legal Custody?

Child custody is one of the more hotly debated aspects of a Rhode Island divorce. One parent might feel that they should be the sole custodian of the child. Rhode Island child custody laws prefer that both parents maintain their relationships with the children. A parent granted sole physical placement does not mean that the same parent will also be awarded sole legal custody. Physical Placement ...

Lawmakers Consider Law for Pet Custody in Rhode Island

Having a pet is as American as apple pie and hot dogs. Over the last few decades, Fido and Fluffy have become far more than a pet. They are members of the family. According to the American Pets Products Association (APPA), about 70% of U.S. households have a pet . U.S. households have 69 million dogs and 45.3 million cats . Those numbers reflect a significant increase over the last 25 years. The ...

Can I Get Temporary Orders During a Pending Divorce?

When spouses decide to end their marriage, each side begins to deliberate on what they want in the divorce to support their needs and those of their children. They focus on the next chapter of their life and what it will look like. The future-oriented position is appropriate and necessary. There also needs to be a strategy for what happens between marriage and divorce. The divorce process in Rhode ...

Fault Can Still Be a Factor in a No-Fault Divorce

Seventeen states and Washington, D.C. allow only no-fault divorces. Rhode Island is among the states offering the option of filing either a no-fault or fault-based divorce. Even if the divorce is technically no-fault, marital misconduct can still be considered in a divorce judgment or settlement in Rhode Island . The Ocean State has offered no-fault divorces since the mid-1970s. Most Rhode Island ...

What Happens if My Spouse Ignores the Divorce Papers?

The divorce process in Rhode Island begins when one spouse files for divorce. That filing spouse then serves the other spouse. Service provides the other spouse with the official notice and an opportunity to answer the case and file a counterclaim. Both spouses are often aware that divorce is coming, but that is not always the case. Or even if they do come, one spouse may not want the marriage 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 ...

What Happens to Child Support After the Death of a Parent?

The death of a parent has immediate and lasting impacts on a child. The child will need the emotional support of extended family and friends. When the parents are divorced, there are also questions about what happens to child support orders. Child support orders are still in effect even if the payee or payor parent dies. Spousal support, on the other hand, does end with the death of either spouse ...

Cohabitation Agreements Protect Couples Who Choose Not to Marry

More couples in the U.S. are choosing to live together rather than marry. In a report published by the Centers for Disease Control and Prevention, the marriage rate of 6% in 2018 marks the lowest rate since 1900. Partners are delaying marriage in some cases while others are snubbing the traditional altogether. Either way, living with someone often means making purchases together, taking on ...

Unwed Mothers Can Receive Child Support

Child support is a standard element in divorces that involve minor children. Custody and support negotiations can be among the most emotional aspects when spouses end their union. While media attention often focuses on support within the context of divorce, unwed parents have the same rights to child support as their married counterparts . Our highly accomplished attorneys at McIntyre Tate LLP can ...

Attorney Deborah M. Tate Elected To The Board of Directors of the AAML Foundation

At its annual meeting on November 8, 2022, Deborah M. Tate was elected to the Board of Directors of the American Academy of Matrimonial Lawyer’s Foundation. It provides assistance to organizations, by way of grants, in order to help families, particularly the children, adversely affected by the breakup of the family unit. The Foundation supports projects pertaining to children in custody disputes ...

Attorney Stephen M. Prignano selected to the 2022 Rhode Island Super Lawyers list

Congratulations to Attorney Stephen M. Prignano for being selected to the 2022 Rhode Island Super Lawyers list. An honor reserved for those lawyers who exhibit excellence in practice. Only 5% of attorneys in Rhode Island receive this distinction.

Partner Deborah Miller Tate & Partner Stephen M. Prignano Awarded Professional Excellence Award by Rhode Island Monthly

Professional Excellence in Law is an awards program created by Rhode Island Monthly that recognizes those individuals named among the leading professionals in their field. Less than 6% of area lawyers are on this select list. Honorees are chosen based on several criteria ranging from peer reviews, professional standing and other data collected by a third-party survey company.

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 ...

Cohabitation Agreements Protect Couples Who Choose Not to Marry

More couples in the U.S. are choosing to live together rather than marry. In a report published by the Centers for Disease Control and Prevention, the marriage rate of 6% in 2018 marks the lowest rate since 1900. Partners are delaying marriage in some cases while others are snubbing the traditional altogether. Either way, living with someone often means making purchases together, taking on ...

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 ...

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 ...

National Grid Found Not Liable for Injuries of Trespasser

The RI Supreme Court ruled that National Grid is not responsible for injuries sustained by a trespasser at an electric utility substation in 2014. The high court rejected the plaintiff’s argument that she was owed a duty of care under the law. Most premises liability laws release property owners from personal injury liability for injuries sustained by trespassers on their property. Losing a Hand ...

7 Motorcyclist Tips to Stay Safe this Summer

Summer has officially arrived. The days are longer and warmer, making the season an ideal time to ride a motorcycle. Rhode Island offers riders a bounty of beautiful scenic routes and destinations. Increased ridership also has an unfortunate byproduct – more motorcycle accidents . In August of 2021, the Rhode Island Department of Transportation reported that nearly one-third of all fatalities had ...

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 ...

Divorce Issues Unique to LGBTQ+ Couples

Whenever two people form a romantic union, they make plans for a future together. No matter the gender identity or sexual orientation, couples share many of the same dreams and hopes. Yet like any other coupledom, LGBTQ+ pairings don’t always go the distance. At McIntyre Tate LLP , we thoughtfully and compassionately help our LGBTQ+ clients end their marriages and move forward with their lives. ...

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 - ...

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 ...

Living Together Does Not Establish a Common-Law Marriage

Not all marriages begin with a walk down the aisle and a marriage license from the town clerk’s office. Common-law marriage is a term used around the country, but most states do not recognize this type of marriage. It’s a myth that simply living together for seven years (or any amount of time) equates to a common-law union. The states that do recognize this form of marriage have specific ...

Cohabitation Agreements Protect Couples Who Choose Not to Marry

More couples in the U.S. are choosing to live together rather than marry. In a report published by the Centers for Disease Control and Prevention, the marriage rate of 6% in 2018 marks the lowest rate since 1900. Partners are delaying marriage in some cases while others are snubbing the traditional altogether. Either way, living with someone often means making purchases together, taking on ...

Cohabitation Agreements Protect Couples Who Choose Not to Marry

More couples in the U.S. are choosing to live together rather than marry. In a report published by the Centers for Disease Control and Prevention, the marriage rate of 6% in 2018 marks the lowest rate since 1900. Partners are delaying marriage in some cases while others are snubbing the traditional altogether. Either way, living with someone often means making purchases together, taking 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 ...

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 ...