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Recent Posts in Divorce Category

  • Do I Need a Lawyer for an Uncontested Divorce?

    Getting divorced can be a messy and contentious process, but it doesn’t always have to be. In some cases, a couple can agree to all the legal and financial terms of their divorce with relative ease. This doesn’t mean that ending the marriage won’t still be emotionally difficult, but it may reduce the time, cost, and logistical difficulty of the divorce itself. In order to have an uncontested ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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  • Can I Get the Marital Home in My Divorce Settlement?

    Determining how property is distributed is often one of the most complicated aspects of a divorce, especially in long-term marriages where the couple has accumulated more assets . The marital home is a large asset that can be a battleground between divorcing spouses. Whether property division is hammered out through negotiation outside of court or argued before a judge, there are many factors to ...
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  • 7 Steps to Prepare for Divorce Before Filing

    The decision to divorce is often a long time coming. You’ve been slowly drifting apart and have begun to view life differently. The process of a marriage unraveling can be quite protracted until one or both realize the relationship is over. Before you tell your spouse that you no longer want to remain in the marriage, you can act to better protect yourself during the inevitable divorce. Step 1: ...
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  • 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 ...
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  • How Does Divorce Affect Adult Children?

    From high-profile celebrities to next-door neighbors, more couples are splitting up later in life. For some, these breakups are from second or third marriages, while others have been married 25 years or longer. According to the Pew Research Center, the divorce rate has tripled among those 65 and older over the last 20 years. The number of so-called gray divorces has remained high ever since. ...
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  • Forcing Your Ex to Obey the Divorce Decree

    Going through a divorce can be a traumatic process, highlighted by a mix of intense emotions while fighting for what you believe you deserve. The process can be particularly adversarial in litigated divorces with a judge making the final determination of what is fair and in the best interests of any children involved. When the court makes its ruling, the relief you feel when it is over could be ...
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  • Where to Find Hidden Assets in Divorce

    Finding Hidden Assets in Divorce Rhode Island is an equitable distribution state, meaning marital assets and debts will be divided fairly. “Fair” in this context does not always mean 50/50, therefore, one spouse could come out of their divorce with more assets or debts than the other. The thought of this tends to discourage spouses from disclosing all of their assets during their divorce, but ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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  • 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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  • Property Division in Rhode Island - Transmutation

    Is Rhode Island a community property state? No, following a divorce, property may be either marital or non-marital and distributed via equitable distribution. 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 is exempt from equitable distribution, or division, in divorce. ...
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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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  • 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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