The Answers You Need for the Questions You’re Forced to Ask

One of the worst aspects of pursuing a case—whether you’re fighting for injury compensation or trying to settle a divorce—is not knowing what to expect. Before you get yourself knee deep in the details of your case allow us to answer some of your questions first. We’ll help you be more fully prepared and more confident as you move forward.

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  • Are there any advantages to a legal separation rather than divorce?

    A separation may be a good option for married couples who are considering divorce or who have problems that could potentially lead to divorce. In fact, couples who separate before beginning divorce proceedings often save time and money and increase their chances of an amicable divorceThe benefits of a legal separation Kirshenbaum & Kirshenbaum

    Benefits of a Legal Separation Before Divorce

    In general, a legal separation is a married couple’s conscious choice to live apart. Much like a divorce, legal separations require court petitions and can be granted on fault or no-fault grounds. However, separations are not permanent and only last a few months or a few years.

    Separation may be beneficial in many cases, including:

    Potential for reconciliation

    If you believe there is chance for reconciliation, you can use your time apart to think about what you want from your marriage and what you and your spouse can do to avoid a divorce in the future.

    Pre-divorce preparation

    A separation period can give you a preview of life after marriage and give you time to open new bank accounts and health insurance policies.

    Child benefits

    Divorce proceedings can be stressful for kids. A separation period can avoid undue stress on children or allow them to finish out the school year before the divorce process begins.

    Financial concerns 

    In Rhode Island, spouses are prohibited from selling, transferring, or concealing any individual property or marital assets during a separation. In addition to preventing retaliatory spending, a separation can give an unemployed spouse time to find a job and offer a real-time look at each spouse’s finances going forward.

    Religious concerns

    A separation can allow you to live apart from your spouse if your religion prevents you from getting a divorce.

    Do You Need To Speak To A Rhode Island Divorce Attorney?

    If you are considering a divorce you need to speak with an experienced Rhode Island divorce attorney as soon as possible. Please contact us online or call our Cranston office directly at 401.946.3200 to schedule your free consultation. We help divorce clients in Providence, Warwick and all areas of Rhode Island.

     

  • What Can I do If My Ex Is Not Following Our Custody Order?

    Often times you may find yourself in a position where you have gone to court and have successfully achieved a custody and or visitation order but that after Court your ex refuses to comply with the terms of the order. If that is the case, it is inadvisable to take the law in your own hands. Some parties feel that when the other side is violating the order that in response they can withhold child support, withhold visitation rights or take other self-made remedies. Do not retaliate and kind!

    If you find that your ex is not following a custody order, the best response would be to speak with your attorney, who will likely file a motion to adjudge the other parent in contempt or to seek other relief. If found in contempt, the court can issue new orders with various forms of relief, including modifications to the custody or visitation order that is being violated.

    Do You Need To Speak To A Rhode Island Family Law Attorney?

    If  you need to speak with an experienced Rhode Island divorce family law attorney  please contact us online or call our Cranston office directly at 401.946.3200 to schedule your free consultation. We help divorce clients in Providence, Warwick and all areas of Rhode Island.

  • At What Age Can My Children Decide Not To Follow Our Visitation Schedule?

    In Rhode Island, the preference of a child to visit with a parent is only one factor that the Court will consider when establishing a visitation schedule.  There is no set age when a child can decide not to visit with the other parent; when determining visitation, the Court will ultimately have to decide what is in the best interest of the child.

    While there is no set age for a child to decide not to visit with one parent or to change a visitation schedule, the Court may consider the child’ s preference.  In doing so the Court will consider the child’s age, maturity and reasons provided for wanting or not wanting to visit with a particular parent.

    Do You Need To Speak To A Rhode Island Family Law Attorney?

    If  you need to speak with an experienced Rhode Island divorce family law attorney  please contact us online or call our Cranston office directly at 401.946.3200 to schedule your free consultation. We help divorce clients in Providence, Warwick and all areas of Rhode Island.

  • Is there a good way to tell my spouse I want a divorce?

    If you’ve decided to end your marriage, it may seem that there’s never a right time to break the news to your spouse. You know the discussion will be fraught with emotion, and approaching it the wrong way could affect your future relationship with your spouse and children. While there may not be a perfect way to ask for a divorce, there are some things you can do to make the conversation go more smoothly. Rhode Island Divorce Attorney Kirshenbaum & Kirshenbaum

    How to Prepare for a Conversation About Divorce

    The best way to ask for a divorce will depend on the person you are asking. You know how your spouse will likely react to bad news, how they process information, and whether they would prefer a long or short conversation. Acknowledging their feelings and being respectful will set the tone for the separation and increase your chances of an amicable divorce

    Before you make a request for divorce, you should:

    Make a script.

    It is best to write down your thoughts before meeting with your spouse. The right language can help you avoid hurting your spouse without giving them control over the conversation.

    Pick an appropriate time and place.

    Do not ambush your spouse by asking for a divorce when they don’t have time to respond. Plan the conversation for when you both have plenty of time to speak and ask questions, and do it in a place where you and your spouse feel comfortable. Try to let your spouse know ahead of time that you need to talk with them.

    Prepare for an emotional reaction.

    It may have taken you many months of deliberation before you reached the conclusion to separate, so expecting your spouse to process their emotions in a few moments is unrealistic.

    Have a counter-argument ready.

    When faced with the prospect of divorce, some spouses will ask about counseling or separation in an attempt to work on the marriage. It is best to have reasons at the ready for why these options don’t work for you.

    Address expectations for the future.

    You may want to discuss a few logistical details such as who will live in the house and who will have physical custody of the children. While you should listen to your spouse’s opinions and agree to work together to find a solution, it is best not to make any promises about custody or property until you speak to an attorney.

    Do You Need To Speak To A Rhode Island Divorce Attorney?

    If you are considering a divorce you need to speak with an experienced Rhode Island divorce attorney as soon as possible. Please contact us online or call our Cranston office directly at 401.946.3200 to schedule your free consultation. We help divorce clients in Providence, Warwick and all areas of Rhode Island.

     

  • After my divorce, how long do I have to wait before remarrying?

    If you are thinking of getting married soon after a divorce, there are a few things you may want to consider. While Rhode Island laws are fairly flexible regarding remarriage after divorce, the “right” time to remarry will likely depend on your personal and financial circumstances. Divorce and Family Law Attorney Rhode Island Kirshenbaum & Kirshenbaum

    Factors That Can Affect the Timeline of Remarriage After Divorce

    It is common for one or even both spouses to get remarried after a divorce. Recent studies suggest that over 60% of people who get a divorce will get married once again at some point in their lives, and roughly half of all divorced people will remarry within five years of a divorce. However, you may want to wait a little longer to remarry if:

    The divorce is not yet “official.”

    Uncontested divorces do not become final on the day they are granted. There is a mandatory waiting period that can last up to 90 days after the date of the first hearing, but some divorces may be granted sooner if they qualify for expedited processing. You should check with the judge or your divorce attorney to find out the exact date you will be legally divorced.

    You are getting married in another state.

    Unlike other states, Rhode Island does not impose an additional waiting period before remarriage to a new spouse once a divorce is final. However, if you were divorced in Rhode Island and you want to marry someone in another state, you should check that state’s laws regarding waiting times.

    You want to continue receiving alimony.

    You should know that your ex-spouse does not have to continue paying alimony once you are remarried. If your ex-spouse’s support payments are allowing you to go back to school, undergo job retraining, or otherwise become self-sufficient, you may wish to postpone remarriage.

    Do You Need To Speak To A Rhode Island Family Law Attorney?

    If you are considering a divorce you need to speak with an experienced Rhode Island family law attorney as soon as possible. Please contact us online or call our Cranston office directly at 401.946.3200 to schedule your free consultation. We help divorce clients in Providence, Warwick and all areas of Rhode Island.

     

  • What should I expect during my first meeting with a divorce lawyer?

    The dissolution of a marriage can be overwhelming, so it’s no surprise that many people delay consulting with a divorce lawyer for weeks (or even months) after they have decided to end their marriage. However, this consultation is a vital first step in the process, and it’s helpful to know what will happen during the first meeting with a divorce attorney. Rhode Island Divorce Lawyer Kirshenbaum and Kirshenbaum

    What Happens at Your First Meeting With a Divorce Lawyer

    The first thing you should expect in our offices is compassion for what you are going through. As experienced Rhode Island divorce attorneys, we know how stressful this time can be for our clients. You should not be afraid to show your emotions, share your feelings and fears, or be honest about your priorities.

    Your first meeting with us is an opportunity to:

    Ask questions.

    Your questions will be specific to your case, but we commonly hear questions such as: How does the divorce process work? Could I get alimony? Can we divorce through mediation? How much does a divorce cost? You should bring a list of questions to ask, and be prepared to take notes when the attorney responds or makes suggestions.

    Answer questions.

    We will ask a variety of personal but necessary questions, including inquiries about your living situation, children, house, occupation, finances, and any property or investments you own. The more you share with us, the better we can advise you of your legal options.

    Learn your next steps.

    At the end of the meeting, we will outline the steps you need to take as you prepare to separate from your spouse. If you choose to retain us, we will also explain what you can expect from us throughout your divorce proceedings.

    Do You Need To Speak To A Rhode Island Divorce Attorney?

    If you are considering a divorce you need to speak with an experienced Rhode Island divorce attorney as soon as possible. Please contact us online or call our Cranston office directly at 401.946.3200 to schedule your free consultation. We help divorce clients in Providence, Warwick and all areas of Rhode Island.

     

  • How can I give my best testimony at a divorce deposition?

    Most divorce proceedings are resolved without trial, but spouses headed to the courtroom will have to undergo a discovery process to gather evidence that could benefit their cases. Part of this process involves giving sworn testimony outside of the courtroom, known as a deposition. Rhode Island Divorce Lawyers

    How to Give Your Best Testimony in a Divorce Deposition

    As experienced Rhode Island divorce attorneys, we have conducted our share of divorce depositions. We know how important it is for divorcing spouses to give their best testimony in their depositions to achieve their goals for separation.

    On the day of your deposition, it is vital that you:

    Tell the truth.

    If you are caught in a lie, your spouse may be able to discredit you and attack your credibility on other points. Be honest in your responses, and do not attempt to guess at an answer if you aren’t sure. It is always ok to say you don’t know the answer or don’t remember.

    Keep answers short.

    You must answer direct questions put to you by the opposing attorney. However, you do not have to offer additional information, and doing so could help your spouse’s case.

    Stay calm.

    An opposing attorney may ask about your mental and physical health, your income, your lifestyle choices, and other factors. In custody battles, these may be pointed questions intended to portray you as an unsupportive parent. If you suspect the other attorney is trying to upset or provoke you, do not respond. Your attorney can intercede on your behalf or ask for a break if you are being treated unfairly.

    Do not make jokes.

    Some people attempt a joke during depositions in order to make themselves more relatable or simply because they are nervous. However, these jokes may not translate well when they are read back on the transcript and may be seen as flippant or disrespectful.

    Do You Need To Speak To A Rhode Island Divorce Attorney?

    If you are considering a divorce you need to speak with an experienced Rhode Island divorce attorney as soon as possible. Please contact us online or call our Cranston office directly at 401.946.3200 to schedule your free consultation. We help divorce clients in Providence, Warwick and all areas of Rhode Island.

     

  • Where should we file for divorce if my spouse and I currently live in different states?

    The road to divorce is not always straightforward. Some spouses decide to separate while still living together, but others will enter divorce proceedings after years of living apart—sometimes after one spouse has moved to a different state. Divorces involving spouses living in different states are often more complicated than those filed by spouses who live in the same community. RI Divorce Lawyers

    How to Determine Which Court Has Jurisdiction Over Your Divorce

    Couples can only file for a divorce in the state and county that has jurisdiction to hear the case. However, you do not necessarily have to file in the state that issued your marriage license or even the one in which you currently live. The jurisdiction for your divorce case will depend on both spouses’ locations and how long each one has lived there.

    While the divorce process is much the same in every state, the specific rules and requirements vary depending on the jurisdiction. For example, you may be compelled to file your divorce in a specific state if:

    You do not meet residency requirements.

    Each state has a minimum length of time that a spouse must live there before he or she can get a divorce in the state. Usually, only one spouse will need to meet the residency requirement, and that spouse will have to file the paperwork for the divorce to be heard. If you move to Rhode Island and do not meet the residency requirement, you may only be eligible to file in the state where you and your spouse cohabitated.

    Your spouse is first to file.

    If two different states are eligible to have jurisdiction over a marriage, the state that takes jurisdiction will be the state where a divorce petition is first filed. This could give the filing spouse an advantage in a contested divorce, since he or she will not have to travel as far to participate in hearings and the trial. The out-of-state spouse may also have to hire an attorney in the state where the divorce is pending instead of using an attorney from his or her home state.

    Your children live in another state.

    If your children attend school in the state where your spouse lives and your spouse meets residency requirements, filing in your spouse’s state may be less stressful for the children. However, you should understand the state’s requirements regarding child support, child custody agreements, and spousal support.

    Do You Need To Speak To A Rhode Island Divorce Attorney?

    If you are considering a divorce you need to speak with an experienced Rhode Island divorce attorney as soon as possible. Please contact us online or call our Cranston office directly at 401.946.3200 to schedule your free consultation. We help divorce clients in Providence, Warwick and all areas of Rhode Island.

     

  • What should I do after being served with divorce papers?

    Being served with divorce papers can be highly stressful, especially if you weren’t expecting it. It’s important to understand how you can respond to a petition for divorce in a productive way. ​

    Responding to a Rhode Island Divorce Petition

    People are often hurt or confused when served with divorce papers because those papers are delivered by someone other than the spouse. However, this is not necessarily a reflection of your spouse’s feelings toward you. Rhode Island law requires divorce papers to be served by a local sheriff, private constable, or other acceptable third party. This person will record your receipt of the documents, starting the “clock” on the time you have to respond.

    Rhode Island Divorce Lawyer

    After you have been served with divorce papers, you should:

    Accept the documents.

    It is never a good idea to refuse service of divorce papers. The person serving the paperwork is merely delivering copies of a complaint that has already been filed with the court, so it will not stop the legal process from continuing. In addition, refusing can result in a default judgment against you, meaning your spouse will get everything he has asked for in the petition. The best response is to accept the divorce petition, and prepare your response.

    Read through the paperwork.

    You will be given several different documents, including the legal complaint, a summons, and the petition for dissolution of marriage. Read through the papers carefully, so you understand the demands your partner is making, particularly with regard to shared finances, custody, and alimony.

    Speak to an attorney.

    If you have received divorce paperwork, your spouse has already prepared the divorce petition and financial documents, filed with the court, and, very likely, hired his own attorney. Your own attorney will go through the petition with you, prepare a response that addresses each spouse’s demands, and make sure that your response is filed by the deadline.

    Do You Need To Speak To A Rhode Island Divorce Attorney?

    If you are considering a divorce you need to speak with an experienced Rhode Island divorce attorney as soon as possible. Please contact us online or call our Cranston office directly at 401.946.3200 to schedule your free consultation. We help divorce clients in Providence, Warwick and all areas of Rhode Island.

     

  • If I live in Rhode Island, does it matter where I file for divorce?

    There are two considerations when it comes to choosing where to file for divorce: where each spouse lives and which spouse will be requesting the divorce. If you are seeking a no-fault divorce on the grounds that you and your spouse have been living separate and apart for at least three years, at least one of you must meet Rhode Island residency requirements in order for the divorce to be legal. Rhode Island Divorce Lawyer

    Where to File a Divorce Complaint in Rhode Island

    If you could potentially file in two different counties, it is a good idea to consult with a divorce attorney before you complete and serve the paperwork. Each county is allowed to make its own rules about how divorce cases are handled, and each jurisdiction will have its own backlog of cases that could mean longer wait times for you and your spouse. An experienced attorney can tell you if there are any advantages or disadvantages for filing in each county, as well as what to expect after you file.

    As a Rhode Island resident, you could potentially file a divorce complaint in:

    The county where you live.

    Your home county is the county of your primary residence. If you have more than one residence, the court will consider your primary residence to be the address on your driver’s license and car registration.

    The county where your spouse lives.

    Your spouse may file for divorce in the county where he resides, if he meets this domicile requirement.

    Providence County.

    If your spouse meets the domicile requirement but you do not, you may file with the Family Court in Providence County. However, your spouse must actually be served with the Summons and Complaint for Divorce in order to meet jurisdictional requirements.

    Do You Need To Speak To A Rhode Island Divorce Attorney?

    If you are considering a divorce you need to speak with an experienced Rhode Island divorce attorney as soon as possible. Please contact us online or call our Cranston office directly at 401.946.3200 to schedule your free consultation. We help divorce clients in Providence, Warwick and all areas of Rhode Island.