David Slepkow is a partner concentrating in Rhode Island (RI), divorce, family law, domestic relations, child custody, child support, visitation, restraining orders and out of state family law issues. He is a member of the bar in both Rhode Island and Massachusetts. In practice since 1997, David prides himself on being able to adapt to a particular client's desires. He is aware that some clients want to work out an amicable settlement with a spouse while other clients want aggressive legal representation. A "one-size fits all" strategy will not work in family law. A family law lawyer must be adept at helping clients in both highly contentious litigated matters and amicable out of court settlements. Our firm balances these interests and makes every effort to accommodate out of state clients who are unable to come to Rhode Island for client meetings. Please review the frequently asked questions about Rhode Island Child Support and Post Divorce Do's and Don'ts prepared by David Slepkow. This firm provides services in the following areas of family law:
Article prepared by Attorney David Slepkow, 1481 Wampanoag Trail, East Providence, RI, 401-437-1100, Contact Attorney David Slepkow. Divorce and Family Law Frequently Asked Questions
1) How long does it take to get a divorce in Rhode Island? If all issues concerning divorce, child support, equitable division of assets, alimony, visitation and other issues are resolved between the parties, the earliest possible date for a nominal divorce (a nominal divorce is a non-contested divorce in which everything is agreed to) is approximately seventy days after the plaintiff files a complaint for divorce. If the matter is set down as uncontested, then an automatic court date, "the Nominal Divorce Hearing", will be set by the clerk approximately seventy days after filing. In the event that one party does not want to go forward on that seventy day nominal divorce hearing date or if all issues are not resolved between the parties, then the case will not go forward on the nominal date and will be set for additional conferences and potentially the discovery process. The case may eventually culminate with a trial. Contested divorces typically resolve in 6 - 10 months. The divorce cannot become finalized until, at a minimum, ninety days after the parties attend the nominal court hearing. In the event that the parties do not go to court and resolve the matter at the nominal court date, then the divorce could take up to one year or potentially more. Please call David Slepkow at 401-437-1100 for a free initial consult. 2) What does no fault divorce mean in Rhode Island? In Rhode Island you do not need to prove fault grounds in order to obtain an absolute divorce. All you need to do is prove irreconcilable differences in order to get a divorce. In other words, if either party wants to terminate the marriage, then that party can get a divorce so long as the other jurisdictional requirements in Rhode Island are met. "No fault divorce" does not mean that fault is not significant in Rhode Island divorces. If a party can prove that the other party is at fault for the break up of the marriage, then they can seek a disproportionate share of the marital assets. Fault can also be a factor to determine whether or not a party is entitled to alimony. The following types of behavior could be grounds to obtain more than fifty percent of the marital assets: alcoholism, drug addiction, domestic violence, extramarital affairs, abusive behavior, abandonment, etc. Please call Attorney David Slepkow if you have any questions 401-437-1100. 3) What is the residency requirement to obtain a divorce in Rhode Island? In order to file for divorce in Rhode Island you need to have been a domiciled inhabitant and resident of Rhode Island for one year prior to your filing of the complaint for divorce. If you have not been a domiciled inhabitant and resident of Rhode Island for one year prior to filing your complaint for divorce, you can file based on your husband's/wife's residency in Rhode Island for one year prior to the filing. There are exceptions for people stationed in the military who maintain a residency in Rhode Island. Even if you move the day after filing, you still meet the residency requirements in Rhode Island. If you do not qualify to file for divorce in RI you should look for lawyers (attorneys) in other states. 4) Does it make a difference who files the divorce first? It should make no difference which spouse files the divorce when the court determines equitable division of the assets, child support, visitation, alimony, etc. However, in the event that a no contact order, restraining order or emergency motion is needed or filed, which party files first can be extremely significant. This is especially true if there is an emergency motion concerning custody and/or visitation concerning a child.
|
