Blog Categories

Need Adoption Paperwork? Here’s Where to Get It in Rhode Island

Adoption is a wonderful way to grow your family and help a child in need of a forever family. Unfortunately, like so many other procedures rooted in law, adoption can start to feel a little complex and discouraging. In particular, locating adoption records when you need them, which may be necessary to obtain certain identifications, government benefits, and so forth. At McIntyre Tate, LLP, our ...

Attorney David J. Strachman Wins Adoption Case for Stepfather in Rhode Island Supreme Court

Attorney David J. Strachman was recently successful in the Rhode Island Supreme Court in defending a Family Court trial decision permitting a step parent to adopt his two step-sons. In his opinion for the Rhode Island Supreme Court , Justice Robinson detailed the evidence of the case and found that the respondent to the petition made very few attempts to visit with or care for his children, even ...

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 ...

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 ...

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 ...

RI Supreme Court overturns Family Court ruling on intersection of retirement benefits and alimony.

The Rhode Island Supreme Court recently issued a decision in Bober v. Bober which largely upholds the trial judge's trial ruling, but with one significant exception involving the interplay of pension benefits and the award of alimony. Both parties had appealed portions of Judge H. Lipsey's lengthy decision which awarded the wife 60% of the marital assets, long-term alimony, and retroactive child ...

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 ...

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 ...

Methods of Dividing Damages in Divorce

In the United States, issues of property division upon divorce are governed either by the community property system or by principles of equitable distribution. In Rhode Island, property is divided according to the rules of equitable distribution , which provides that all marital property is distributed equitably between the spouses in a divorce case . Property Division in Rhode Island Rhode Island ...

Are Millennials Really Divorcing Less Often Than Past Generations?

Just a few years ago, if you asked a marriage counselor or another professional from a similar profession about the divorce rate in the United States, they would probably quickly say it is roughly 50%. Today, that high estimate is actually too high, as new data shows the divorce rate is dropping among Millennials. The Centers for Disease Control and Prevention (CDC) actually keeps track of ...

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 ...

McIntyre Tate LLP partner David Strachman Wins Supreme Court Elder Abuse Case

The Rhode Island Supreme Court recently ruled in favor of Sona Stevens and the late Vartan Baligian, each represented by McIntyre Tate LLP partner David Strachman in a financial exploitation case against Carel Bainum. The ruling for the plaintiff upheld an almost $200, 000 judgment against the abuser Overview of the Financial Exploitation Case The case when Bainum tried to rewrite an unsecured ...

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 ...

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 ...

Laura Ruzzo Reale Elected to Partner of McIntyre Tate LLP

Laura Ruzzo Reale has been an associate at McIntyre Tate LLP since 2015, and the firm is proud to elect her as a partner. As a Rhode Island native, Rhode Island Super Lawyers’ Rising Star honoree, and associate at McIntyre Tate LLP, Laura Ruzzo Reale provides outstanding legal services within the firm’s family law practice. Now, she has been elected a partner of McIntyre Tate LLP, where she will ...

Stephen M. Prignano of McIntyre Tate LLP Recognized in 27th Edition of The Best Lawyers in America©

McIntyre Tate LLP is proud to announce that Stephen M. Prignano was chosen to be recognized in the 27th Edition of The Best Lawyers in America© for his work in commercial litigation and product liability litigation. Prignano has been recognized by his peers since 2010 and we are honored to have him as part of our team as a partner at our law firm. Given the rigorous peer-review survey Best Lawyers ...

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 ...

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 ...

American Academy of Matrimonial Lawyers Issues Guidelines for Divorced Parents Sharing Custody of their Children During the Covid-19 Pandemic

For divorced or separated parents sharing custody of their children during the Covid-19 pandemic, the American Academy of Matrimonial Lawyers (AAML) published helpful, sensible guidelines to guide parents during this difficult time. Below are the guidelines released by the AAML: BE HEALTHY: Comply with all CDC and local and state guidelines and model good behavior for your children with intensive ...

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 ...

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 ...