Rhode
Island Divorce Lawyer and Family Law Attorney
Attorney
Joshua Macktaz is a Rhode Island Family Court
lawyer specializing in helping people resolve
domestic and family issues including divorce,
child support, as well as other Family Court criminal
and civil matters including:
•
divorce (non-contested and contested)
•
child support contempt proceedings
•
child support modification, increase, and termination
•
property settlement agreements
•
adoptions
•
divorce and family law mediation
•
visitation and visitation disputes
•
domestic violence
•
child custody
•
alimony
•
restraining orders/domestic violence/no contact
orders
•
criminal matters relating to family law
•
father's rights
•
out of state family law issues
•
paternity
•
equitable division of assets
•
drafting and negotiating prenuptial agreements
and property settlement agreements
Contact
a Rhode Island Divorce and Family Court
Attorney – 401-861-1155 or CLICK HERE
If you are interested in Divorce by Mediation in RI visit this site for information, the advantages, and recommended resources.
More information
on our major areas of practice:
HOW
RHODE ISLAND DIVORCE LAW AFFECTS YOU
WHAT
ARE THE GROUNDS FOR DIVORCE?
A divorce in Rhode Island, in the majority of
cases, is granted on the grounds of irreconcilable
differences which have caused the breakdown of
the marriage. There are various other grounds
for divorces such as adultery or extreme cruelty
which can be discussed with your attorney.
WHAT
IS THE RESIDENCY REQUIREMENT FOR OBTAINING A DIVORCE
IN THE RHODE ISLAND FAMILY COURT?
Divorce proceedings cannot be initiated unless
you or your spouse have resided in Rhode Island
for a period of one year.
WHAT
DO I NEED FOR THE FIRST VISIT TO MY LAWYER'S OFFICE?
To expedite your case, you should take your marriage
certificate, copies of your most recent tax return,
a picture of your spouse, a list of your family
obligations and a list of questions you have for
your lawyer. In addition, you should know the
address, both residence and work of your spouse,
together with all family members' place and date
of birth.
WHAT
KIND OF ISSUES WILL I DISCUSS WITH MY ATRORNEY
DURING THE FIRST VISIT?
The separation of a married couple is one of the
most traumatic occurrences in one's life. An attorney
will address both family and emotional issues,
including consideration of marriage counseling
or other steps to help save the marriage; assisting
you as a parent in meeting the needs of your children;
and handling financial matters such as real estate
and personal property. You should also be sure
to discuss, and fully understand, the attorney's
fee arrangement at the first meeting.
WHAT
IS A RESTRAINING ORDER AND WHEN MIGHT I NEED ONE?
Restraining orders are usually designed to prevent
abuse of a spouse or to prevent removal of marital
assets. Restraining orders may be applied for
when necessary in cases of physical abuse, transfer
of assets, etc. You can apply for a restraining
order directly to Family Court without the help
of a lawyer.
WHAT
ABOUT CHILD SUPPORT?
The Family Court of Rhode Island has adopted a
child support formula and guideline which is based
on the incomes of both parents. Your attorney
will be able to estimate the amount of support
which might be ordered by the Court.
HOW
ARE MARITAL ASSETS DIVIDED?
Marriage is a partnership so an important issue
in divorce is division of marital assets. Most
cases are divided equally between spouses, but
depending upon the specific facts of the case,
there may be a different distribution of marital
assets.
HOW
IS ALIMONY GRANTED?
There are basically two types of alimony. Rehabilitative
alimony is designed for short, definite periods
of time, usually to help a spouse get back into
the job market. In certain cases, because of age
or disability, a court has the right to award
alimony indefinitely.
WHAT
SHOULD I KNOW ABOUT CUSTODY AND VISITATION?
The well-being of the child is a primary consideration
in awarding custody. Your attorney will discuss
with you the potential consequences of a contested
child custody matter. If at all possible, visitation
should continue between the parties even if they
are separated, pending the hearing in the Family
Court. The Family Court can set specific times
that the non-custodial parent will have visitation.
A custodial parent's failure to comply with a
visitation schedule may result in a change in
custody.
CAN
DECISIONS MADE ABOUT CHILD SUPPORT, CUSTODY AND
VISITATION BE CHANGED?
Even after your divorce has been finalized, the
Family Court has the authority to change existing
child support, visitation and custody arrangements.
WHEN
DOES MY DIVORCE BECOME FINAL?
After filing a divorce complaint and the serving
of a summons, the matter may be scheduled for
hearing as an uncontested divorce after sixty
(60) days. The divorce is not final until a final
judgment has been signed by a Family Court Judge.
It will not be signed until three months (3) and
one day (1) have passed following your divorce
hearing. Contested divorces take substantially
longer to be heard and decided depending upon
the matters to be resolved.
Contact
a Rhode Island Divorce and Family Court
Attorney – 401-861-1155 or CLICK
HERE
RI Divorce low cost alternative - Mediation
CHILD ABUSE AND NEGLECT
What
Constitutes Abuse?
Child whose physical or mental health or welfare
is harmed or threatened with harm including excessive
corporal punishment, sexual abuse/exploitation,
neglect, or abandonment.
Mandatory
Reporting is Required By Any person with reasonable
cause. A Basis of Report of Abuse/neglect is reasonable
cause to know or suspect that a child has been
abused or neglected or been the victim of sexual
abuse. Abuse should be reported to the Department
for Children and their Families.
Penalty
for Failure to Report or False Reporting in Rhode
Island is a Misdemeanor and up to $500 fine and/or
imprisonment for up to 1 year for failure to report;
misdemeanor and up to $1000 fine and/or imprisonment
for up to 1 year for false report
Contact
a Rhode Island Divorce and Family Court
Attorney – 401-861-1155 or CLICK
HERE
DOMESTIC VIOLENCE
Domestic
violence refers to physical harm inflicted on
one member of a household or family, by another
member of the same household or family (usually
between spouses). Domestic violence (sometimes
called "spousal abuse") usually involves
repetitive physical and psychological abuse, and
a "cycle of violence". Specific crimes
charged vary based on 1) severity of the victim's
injuries, 2) whether a minor was present, and
3) whether a protective or restraining order was
violated.
Contact
a Rhode Island Divorce and Family Court
Attorney – 401-861-1155 or CLICK
HERE
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice. |
