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Recent Posts in Divorce Category

  • 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 ...
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  • 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 ...
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  • 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 ...
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  • What is Transmutation of Property in Rhode Island?

    In a Rhode Island divorce, property may be either marital or non-marital. A court can divide marital property between spouses under the state’s equitable distribution rules. Marital property is generally anything purchased, acquired, or received during marriage, regardless of whether title is in the name of one or both spouses. Non-marital property, on the other hand, is exempt from equitable ...
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  • Questions to Ask Your Divorce Attorney Right Away

    The road ahead of you as you enter into a divorce , or even just consider filing for divorce, will be as unique as it is unknown. To confidently move forward, you should work with a trustworthy divorce attorney that will understand the situation and be able to provide personalized representation. How do you know if the lawyer of your choice will be the right fit for your case? Ask your divorce ...
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  • Upcoming Divorce & Estate Planning Seminar to Feature Attorney Stephen Prignano

    Attorney Stephen Prignano of McIntyre Tate LLP in Providence is called upon by clients throughout the state for intricate divorce cases . In particular, he is well-versed in how divorce or other family law issues intersect with estate planning, creating unforeseen and highly-complex problems for the divorcees. The Rhode Island Bar Association is hosting an upcoming seminar to discuss this ...
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  • Do You Need a Divorce Lawyer?

    The divorce process is often complicated and emotionally traumatic. Our experienced Rhode Island divorce attorneys can guide you every step of the way. While some divorce cases may be simple and amicable, it is still important to seek the help of a knowledgeable lawyer to protect your interests and uphold your rights. Our firm combines compassionate services with tenacious representation. We can ...
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  • How Can Wasteful Dissipation Impact Your Divorce?

    If spending was a sore spot for you and your spouse during your marriage, it’s not unlikely it will serve as a point of contention during your divorce . When a couple goes about dividing assets, the division of funds can be extremely tricky, especially if one spouse unfairly spent more than another. Courts will make the division as fair as possible, but if there was unfair or unnecessary spending ...
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  • Courts continue to address the definition of "parent" to extend beyond the traditional "normal" gender considerations to now include "tri-custody"

    Recent New York cases have maintained an agreed-upon custody arrangement where the mother, father, and the paternal grandparents had joint custody of the children with primary physical custody and decision making authority granted to the grandparents. Such cases involve an investigation into and determination of “extraordinary circumstances” to first determine standing rights as between parents ...
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  • 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 - ...
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  • 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 ...
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  • Tax Issues Divorced Couples Should be Aware Of

    Whether you get along well with your spouse or not, you may wish to put aside your differences temporarily around this time of year. Tax season is upon us, and the IRS pays very close attention to the returns filed by divorced couples to ensure that the proper taxes are being paid by both parties. Because your returns will likely be placed under the microscope, our Rhode Island divorce attorneys ...
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  • Former Spouse Cannot Seek Modification of Divorce Agreement in Rhode Island Federal Court

    A federal magistrate judge in Rhode Island has ruled that a former spouse cannot file suit in federal court to seek a modification of her divorce agreement. Federal Magistrate Judge Patricia Sullivan ruled that the former spouse’s complaint, “boiled to its essence,” sought to modify the parties’ marital settlement agreement by changing the alimony provisions “potentially to a lifetime alimony ...
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  • Rhode Island Legislator Proposes Family Court Custody Jurisdiction for Pets in Divorce and Separation Proceedings

    Animal law is a growing area throughout the United States. The lawyers at McIntyre Tate are members of the Animal Legal Defense Fund and are involved in protecting the interest of owners and their pets and animals. Recently a Rhode Island legislator, Charlene Lima, proposed a bill to expand the division of property in divorce actions to address the custody of pets. Under current law, all animals ...
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  • The Rhode Island Supreme Court Affirms a McIntyre Tate LLP Win in the Rhode Island Family Court

    Earlier this month the Rhode Island Supreme Court affirmed a decision and order from the Rhode Island Family Court in favor of an ex-wife who was represented in the Family Court by partner Jerry L. McIntyre of McIntyre Tate LLP and in the Supreme Court by partner Robert S. Parker in the appeal brought by her ex-husband. During the divorce proceedings, the Husband had filed a claim with his ...
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  • Six Modern Divorce Trends

    Divorce trends have begun to change in recent years, including a number of trends that once held steady for quite a long time. One of the leading theories as to why these changes have come about is the millennial generation, who are growing up, marrying, and making decisions on divorce. In this blog, we examine six of these divorce trends and why they may be emerging. Divorce Is Decreasing We hear ...
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  • Social Media Evidence Becoming Important in Divorce and Custody Cases

    Social media has transformed the way people communicate. People use social media to keep friends and family updated on events in their daily routines, from the mundane to the extraordinary. They use social media to promote their business or profession, or to post photos or videos of themselves or others to share with on-line communities. Indeed, many utilize social media to communicate aspects of ...
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  • Navigating a "Gray Divorce"

    "Gray divorce " is the term given to the rising trend of divorces occurring later in life for many couples. Over the last few years, our divorce attorneys have seen an increased number of older and elderly couples filing to dissolve their marriage—even into their 60’s and beyond. While these divorces can ultimately improve the lives of each spouse, they do come with inherent challenges that must ...
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  • 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 ...
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  • R.I. Supreme Court Rules on Post-Divorce Life Insurance Case

    The Rhode Island Supreme Court recently decided an interesting post divorce property division case. The parties had reached an agreement whereby they would "cash in forthwith" life insurance policies, annuities, and investment policies and equally divide them. However, prior to the service of the divorce summons on this husband, he had already changed the beneficiary designations on his life ...
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  • Planning for Divorce

    The Wall Street Journal recently ran a very practical article about planning for divorce . It's a good primer on some of the issues to think about when are you getting ready to file. Below is an excerpt: 1. Know What You Own and Make Copies. Gather as much information as possible, as early as possible, regarding your family's finances, says Solon Vlasto, a financial planner in McLean, Va. "As a ...
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  • Rhode Island Supreme Court Overturns Family Court Divorce Ruling

    The Rhode Island Supreme Court recently overturned a post divorce ruling by Judge Laureen D'Ambra in Carny v. Carney . The dispute between the two divorced spouses centered on the interpretation of a marital settlement agreement which called for the distribution of marital assets upon the sale of the former marital domicile. The parties disagreed about the trigger date for distribution. The Family ...
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  • 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 ...
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  • RI Supreme Court Divorce Decision

    After more than seven years of litigation, the Rhode Island Supreme Court handed down a landmark decision on an appeal of a Family Court divorce decision. On June 25, the Supreme Court overturned a trial judge's divorce ruling which awarded a wife a 25% interest in a husband's business (Microfibres) valued at between $106 million and $126 million finding that the lower court erred in 1) not ...
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  • Rhode Island Supreme Court upholds Family Court divorce decision against absent husband

    The Rhode Island Supreme Court upheld a Family Court divorce decision granted in favor of a West Warwick woman whose husband resided in France and refused to appear at trial. The Family Court restrained the husband from filing a subsequent divorce proceeding in France. Despite the order, the husband filed for divorce in France while the Rhode Island proceeding was pending. The Family Court judge ...
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