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Tag: Divorce Law

Some couples use their children as leverage points in a divorce. If you seek good divorce advice, you will be told that children are very vulnerable during a divorce and using them to get what you want can shatter their self esteem. You can have a divorce and still make sure that your children come out of it with their dignity intact.

A divorce takes two just as it takes two to tango. Don’t be quick to heap the blame of divorce on your ex because if you do, you won’t grow up. Learn to examine your contribution to your divorce as it will enable you mature and give you the wisdom to learn how to prevent another divorce in future.

In contacting a divorce lawyer, you need to make sure that they have a great deal of experience and skill and can give good divorce advice. Don’t go for divorce lawyers who are green in the field. Communicate in clear details what you want a divorce lawyer to do for you in order to prevent confusion.

Divorce lawyers are growing fat thanks to all the money that they make off divorce cases. Divorce is becoming big business and more lawyers are opting for divorce law. As brutal as it sounds, divorce is a viable means of income for divorce lawyers these days. You have a choice to decide not to add to this source of income by ensuring you remain married or ensuring that you next marriage works!

When it comes to divorce, compromise is the name of the game. Two couples on the verge of a divorce won’t go that far if they don’t compromise. Try not to make selfish choices even in the course of a divorce. Of course you can’t get all of what you want and how you want it. Be willing to compromise.

Take up yogo or tai chi to help you stay in charge of your emotions during and after a divorce. A divorce can be destabilizing but yoga can make sure that you get back on track. Meditation can be an excellent source of healing after a divorce.

The effects of a divorce can be so traumatizing that it can send some people into a deep spiral of despair. Some people loose their ability to socialize after a divorce while others tend to overdo it a bit. You can prevent the negative aftermath of a divorce happening to you by facing cold hard facts.

Don’t stay in a marriage that makes you sad. An unhappy marriage can shorten your life span. To acquire a long life, steer clear of anything that steals your joy and that includes marriage.

By: Ras Reed

Some people enter a stage in their marriage where they conclude that they need to separate. For whatever reason, you and your spouse can’t make it work. Both parties usually want to finish the legalities as soon as possible. In their haste to finalize their divorce, men tend to make costly mistakes. You need to read these divorce tips for men in order to avoid these same mistakes.

It is not always better to get the cheapest lawyer. You want someone with a lot of experience practicing divorce law. You need a lawyer who is willing to spend time answering your questions and giving you advice. Try to save money by asking if the lawyer will charge a flat fee. Then make sure you know what that fee will provide.

If your friends are not lawyers, so don’t ask them for legal advice. You will get differing opinions, and since they don’t understand the variables in this type of law, you could make costly mistakes. So, if you are unsure about certain legal issues of your divorce, always ask your licensed divorce lawyer.

Be honest with your lawyer from the very beginning. This will give your lawyer all the necessary tools to process your case. If you are not upfront with respect to your marriage, money, and assets, you may lose more than you expect to in the end.

If you or your spouse talks about divorce, start collecting pertinent information about your joint financial and marital situation. Your lawyer will be able to decipher this information and give you an educated assumption about the outcome of the case.

By: Steve Murray

A simple uncontested divorce is a divorce that a Rhode Island divorce lawyer can typically complete for a relatively inexpensive flat fee. In a RI uncontested divorce, the attorney and the parties must still attend court for a brief hearing.

The hallmark of a flat fee uncontested divorce is a divorce with: (1) no assets, no real estate, no children and no joint debt or (2) the parties have minimal assets and entanglements and have agreed to everything and no property settlement agreement is needed.

The lawyer must complete an intake process in which the lawyer gets the basic information so that the divorce papers can be filed. The attorney uses the information obtained from the intake to draft the documents. You need to provide the lawyer with your pay stub from work and your marriage certificate.

The next step is to sign the documents in front of the lawyer or another notary. The following documents are required: Complaint, DR(6) financial statement, statement of children, counseling statement, marriage certificate, report of divorce, summons and automatic divorce order.

The financial statement must be accurately and truthfully completed. After the documents have been signed and notarized, the case must be filed. A Court date of approximately 65-70 days will be set by the clerk upon filing. The Defendant must then be served by a RI constable! If the Defendant lives out of state he or she can be served by certified mail.

On the date of the nominal hearing, at the call of the calendar, the case will be called “ready nominal”. A hearing is required under RI law Pursuant to Rhode Island General Law. A divorce cannot be resolved without a nominal hearing.

At the nominal hearing certain testimony must be elicited in order for the divorce to be granted. In some circumstances, it is necessary to have witnesses to briefly testify to prove residency. If you don’t have the required witnesses your case could be delayed or even dismissed and you may waste your time attending court.

In order to obtain a divorce, you need to have been a domiciled inhabitant and resident of Rhode Island for one year prior to your filing. There are exceptions to the residency requirements for people in the armed forces who are stationed abroad or in other states.

A filing can also be based on a persons husband’s/ wife’s residency for one year prior to the filing. It does not matter if you change your residency or move out of town the next day. It only matters that you were a resident on the date of the filing and for one year before!

In order to prove residency, it is enough, if both parties appear at the nominal court date and testify that at least one of the parties was a domiciled inhabitant and resident of Rhode Island for one year prior to the filing of the complaint for divorce.

The Court will usually waive the requirement for an additional witness if both spouses attend the court date and testify that one party had the requisite residency.

If only one party attends the nominal court date then you need to do the following in order to obtain a divorce (a) bring two additional witnesses to testify to the one year residency of the Plaintiff or the Defendant or (b) one witness in court to testify to the one year residency of the Plaintiff and an affidavit from a different witness concerning the person’s residency.

If you do not meet these requirements to prove residency your case may be dismissed. You also may be given additional time to obtain the necessary witnesses or affidavit

After the nominal Court date a Decision Pending Entry of Final Judgment must be submitted to the Court and signed by the Judge.

The Final Judgment can not be submitted or entered until 90 days after the nominal Court date.

Without a final judgment signed by the judge and entered as an order of the Court, the divorce will not be final.

Rhode Island legal Notice per RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all attorneys in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.

By: David Slepkow