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Rhode Island Divorce Legal Questions

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138 legal questions have been posted about divorce by real users in Rhode Island. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child custody. All topics and other states can be accessed in the dropdowns below.

How do I get out from under the marital home?

Answered 12 years ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Divorce
Wait or file a motion for contempt and have the judge make you wait until after she is married.
Wait or file a motion for contempt and have the judge make you wait until after she is married.

How do I get out from under the marital home?

Answered 12 years ago by Helene Ellenbogen (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Divorce
If your decree was put together by a competent person, there would be a dead line by which the house has to be refinanced or put on the market. I assume there is not, which means you can either go to court and ask the court to set a deadline, the court could easily say no since it wasn't bargained for at the time or you will just have to wait.... Read More
If your decree was put together by a competent person, there would be a dead line by which the house has to be refinanced or put on the market. I... Read More

What should I do to get what is mone after the divorce?

Answered 12 years ago by C. Page Hamrick III (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Divorce
Your question has a number of sub-questions and variables. You really need to discuss it with an attorney to determine the best course of action.
Your question has a number of sub-questions and variables. You really need to discuss it with an attorney to determine the best course of action.

How do I ask the courts for temporary spousal support?

Answered 12 years ago by Matthew Eugene Ludt (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Divorce
You need the divorce order to enter a temporary order awarding you temporary spousal maintenance (and a lump sum for you to retain an attorney) while the divorce is pending.
You need the divorce order to enter a temporary order awarding you temporary spousal maintenance (and a lump sum for you to retain an attorney) while... Read More

common law marriage with children before actual legal marriage

Answered 12 years ago by Carl P. Deluca (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The determination of when a common law marriage began is complicated and may only occur once the couple manifests an intent to be considered married such as when and if they began to file taxes as a married couple.
The determination of when a common law marriage began is complicated and may only occur once the couple manifests an intent to be considered married... Read More

are lost wages in a workers compensation settlement a marital asset in a divorce

Answered 12 years ago by Carl P. Deluca (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Lost wages generally are considered to be part of the marital estate.
Lost wages generally are considered to be part of the marital estate.

i was awaesws 50 % of my ex spouses annuity and annuity pension as wriiten in the martial settlement agreement his attorney was to complete the QUADRO

Answered 12 years ago by Carl P. Deluca (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If your ex failed to disclose property you may be entitled to half of it. If the failure to have the qdro entered was your ex's fault you may be able to recover the attorney fees. 
If your ex failed to disclose property you may be entitled to half of it. If the failure to have the qdro entered was your ex's fault you may be able... Read More

What do I do if husband was incarcerated, got out and came to live in my apartment but I don't want him here?

Answered 12 years and a month ago by Gerard A. Fierro (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Divorce
If it is your apartment, you can give notice to terminate the tenancy of your husband and then commence evictions proceedings. You could also give notice of the change in terms of the tenancy and charge a high rent. This answer assumes that this is indeed your apartment and that you are on the lease or rental agreement and that you obtained the apartment after you and your husband separated. In a divorce proceeding you can also ask a judge to grant you possession and control of the apartment.... Read More
If it is your apartment, you can give notice to terminate the tenancy of your husband and then commence evictions proceedings. You could also give... Read More

What do I do if husband was incarcerated, got out and came to live in my apartment but I don't want him here?

Answered 12 years and a month ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Divorce
Evict him.
Evict him.

Is it possible for me to freeze the equity in my house since it has been on the market for sale?

Answered 12 years and a month ago by James Timothy Weiner (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Divorce
if you have owned the house for only a few years and are in the first few years of a mortgage the amount you pay toward equity each month is so small that you can neglect it because its not worth fighting (
if you have owned the house for only a few years and are in the first few years of a mortgage the amount you pay toward equity each month is so small... Read More

Is it possible to file a divorce even if I do not have my foreign marriage certificate?

Answered 12 years and a month ago by Barbara Peyton (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Divorce
Yes if you are a California resident.
Yes if you are a California resident.

What is the easiest way to go about getting a divorce and taking my kids after I have caught my wife cheating?

Answered 12 years and a month ago by Helene Ellenbogen (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Divorce
You file for a divorce. Both of you will have time with the kids unless there is something really serious (e.g. substance abuse) that would make it not in the children's best interest to be with a parent. Infidelity is not a criteria on which allocation of time with children can be based.
You file for a divorce. Both of you will have time with the kids unless there is something really serious (e.g. substance abuse) that would make it... Read More

If my fiance wants to change his entire name with our marriage is it possible?

Answered 12 years and a month ago by Ms. Jessica M Cotter (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Divorce
In Arizona there are forms and instructions available online to assist those who wish to change their name. Here is a link to the Maricopa County self service center online page: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/CivilCases/civil_cvnc.asp
In Arizona there are forms and instructions available online to assist those who wish to change their name. Here is a link to the Maricopa County... Read More

Do I have anything to worry about the house if I’m getting an annulment after being married for only a month?

Answered 12 years and a month ago by Ms. Jessica M Cotter (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Divorce
If there is a basis for your marriage to be annulled, then there would be no marital property to divide.
If there is a basis for your marriage to be annulled, then there would be no marital property to divide.

Can he come and go in the apartment anytime since both our names are listed?

Answered 12 years and a month ago by Gerard A. Fierro (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
If you live in NC, you should consult with a local NC lawyer. If you lived in California you could request for a court order that you have exclusion possession and control of the property. You would then be responsible for the rent and other maintenance costs.
If you live in NC, you should consult with a local NC lawyer. If you lived in California you could request for a court order that you have exclusion... Read More

Should we just have to wait the 120 days for her divorce to finalize or does the waiting period extend regardless if you move to a different state?

Answered 12 years and a month ago by Helene Ellenbogen (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Divorce
The waiting period does not change.
The waiting period does not change.

Should we just have to wait the 120 days for her divorce to finalize or does the waiting period extend regardless if you move to a different state?

Answered 12 years and a month ago by Gerard A. Fierro (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Divorce
In California, a divorce doesn't automatically happen in 180 days. You have to file the proper documents to have a Judgment entered by the Court. The earliest that a Judgment can be entered is 6 months and 1 day after the spouse has been served a copy of the Summons and Petition.
In California, a divorce doesn't automatically happen in 180 days. You have to file the proper documents to have a Judgment entered by the Court.... Read More

Can I make my spouse get out of the house before divorce is filed?

Answered 12 years and a month ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Divorce
No. Once you file for divorce, you can ask the court to order him out. If there has been abuse, you might be able to get a protective order before the divorce was filed.
No. Once you file for divorce, you can ask the court to order him out. If there has been abuse, you might be able to get a protective order before... Read More

Can I make my spouse get out of the house before divorce is filed?

Answered 12 years and a month ago by Helene Ellenbogen (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Divorce
Presumably the house belongs to both of you. Unless a court orders him to move, he has the same rights to it as you do.
Presumably the house belongs to both of you. Unless a court orders him to move, he has the same rights to it as you do.

How can I get a divorce if husband is having an affair?

Answered 12 years and a month ago by Barbara Peyton (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Divorce
You can get a divorce but his affair in not going to be listed as the reason. Irreconcilable differences are the grounds for divorce. Bmp stands for non marital property. I suggest you see a family law attorney right away.
You can get a divorce but his affair in not going to be listed as the reason. Irreconcilable differences are the grounds for divorce. Bmp stands for... Read More

How can I get a divorce if husband is having an affair?

Answered 12 years and a month ago by John F. Brennan (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Divorce
If this is your proof of the affair you had better reconsider. Try communication before filing for divorce, which can be done with, or without, adultery.
If this is your proof of the affair you had better reconsider. Try communication before filing for divorce, which can be done with, or without,... Read More

What happens if a divorce paper got expired?

Answered 12 years and a month ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Divorce
File again and this time don't let it lapse.
File again and this time don't let it lapse.

What is the least expensive way to legally have the mortgage and home ownership transferred to my name?

Answered 12 years and a month ago by Ms. Jessica M Cotter (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Divorce
Unfortunately the only way for you to get the ex-husband's name off of the mortgage would be for you to refinance the house in your name, thus paying off the mortgage with his name on it. The primary reason this is the case is because the mortgage company prefers to keep as many parties responsible for the mortgage as possible.... Read More
Unfortunately the only way for you to get the ex-husband's name off of the mortgage would be for you to refinance the house in your name, thus paying... Read More

What is the least expensive way to legally have the mortgage and home ownership transferred to my name?

Answered 12 years and a month ago by Mr. Robert E McCall (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Divorce
You must talk with holder of the Mortgage. Be aware that some refuse to take a signer's name off the mortgage; then the only recourse is to refinance which may be expensive.
You must talk with holder of the Mortgage. Be aware that some refuse to take a signer's name off the mortgage; then the only recourse is to refinance... Read More

What can I do if my spouse is threatening me with abandonment?

Answered 12 years and a month ago by Barbara Peyton (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Divorce
You can file for divorce and seek support for yourself and any children you may have. You can't stop a spouse from talking and making threats but you can protect yourself.
You can file for divorce and seek support for yourself and any children you may have. You can't stop a spouse from talking and making threats but... Read More
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