newport ri divorce attorneys, ri divorce lawyers, annulment
Phone: 401-841-5700
Fax: 401-367-0192
Phone: 401-841-5700
Fax: 401-367-0192
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The Law Offices of Jeremy W. Howe LTD are staffed by Rhode Island Divorce Lawyers serving clients in RI towns surrounding Newport RI such as Middletown, Portsmouth, Jamestown, North Kingston, South Kingston, Wakefield, Tiverton, Providence, and beyond.
We handle the following areas of Divorce:
Client/wife getting a divorce after a 24 year marriage; 2 children of the marriage (1 in college, the other finishing high school). Jamestown, RI
"Kristy listened to me, understood what I needed to do now and helped me set my course for the future. She is a thorough, efficient and compassionate advocate."
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Contact the Newport RI Divorce Attorneys of The Law Offices of Jeremy W. Howe LTD at:
401-841-5700 or via EMail HERE.
In the State of Rhode Island divorce petitions must first meet a specific set of criteria before they can be filed.
DIVORCE CASE RESULT:
Divorce of parties after a very short marriage. They separated very shortly after the ceremony. We represented the Wife after she had filed the divorce petition on her own. She was not sure she would know what to do when it came time for court, and wanted to be sure it was done correctly. The Husband did not appear and the case reached its end rather quickly. The hearing went smoothly, she had the correct number of witnesses, and she was pleased that the appropriate paperwork was filed in order and on time so that she was properly divorced.
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Residency filing requirement. This means that one party to the divorce must be a resident of the state for at least one year before filing the divorce.
Grounds for filing and status of petition. In RI, parties to a divorce must specify the grounds, or reasons, that the divorce is being sought. Most divorces are filed on the grounds of “irreconcilable differences” which is a “no-fault” ground. Other no fault divorces are filed based upon facts showing that the parties have lived separate and apart from each other for the space of at least three years.
In filing a divorce based upon “fault” there are usually severe and extenuating circumstances. Fault is not required to obtain a divorce as it once was and “fault” can be proven by evidence in a contested trial even in a divorce based upon a no-fault ground. So it is not necessary to allege fault in the pleadings. Sometimes fault is alleged to bring the specific fault to the attention of the trial judge from the onset of the case. Some fault grounds are adultery, extreme cruelty, and “gross behavior and wickedness repugnant to and in violation of the marriage”. There are other grounds.
Contact the Newport RI Divorce Lawyers of The Law Offices of Jeremy W. Howe LTD at:
401-841-5700 or via EMail HERE.
DIVORCE / SETTLEMENT CASE:
Divorce after an approximately thirty year marriage. We represented the Wife. The major issue in the case was the family business which was inherited and owned by the Husband and his brother, and the Wife’s contribution to that business throughout the marriage due to the fact that she was not an “employee.” [Inherited property in RI is not divisible, on its face.] We used a business evaluation and negotiations with opposing counsel to reach a resolution that awarded the Wife a specific amount of support for a sufficient amount of time to get herself on her feet. She was an artist and needed time to reinvent her business and get it off of the ground so she could be self-sufficient.
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Property distribution. Rhode Island is an “equitable distribution” state when it comes to dividing the property of the parties. Other states use a “community property” theory to divide assets. In Rhode Island, all of the marital property will be divided “equitably” which does not equate to “equally”. Parties usually reach a property settlement agreement before bringing their case before the court in a nominal (uncontested) divorce. If necessary, the Court will determine the value of all property, and make the decision as to how it will be divided as well.
The criteria that the court uses when deciding upon an equitable distribution of the marital property are:
Mother of a now 13 year old. Dad wanted child to relocate to Colorado with him. Judge denied the Dad’s motion so the child stayed in RI with mom, Middletown, RI.
"Jeremy and Kristy's integrity is what separates them from their counterparts. Kristy was my attorney during years of child custody issues. She has the patience to listen to you and the knowledge to provide guidance in 'what's in the child's best interest'. During the trial, she was prepared and performed gracefully in the courtroom. Every time I called or visited the office, you can feel that the staff genuinely cared about you. This office exudes professionalism. They are the reason I believe the court system truly does work for 'what is in the best interest of the child'."
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Business Evaluations
In the divorce, a significant asset of the parties may be a business. The “family business” may include a business interest that has been inherited by one of the parties from family members or a business run by one of the parties who is self-employed.
A business evaluation typically includes a thorough review of the business books and records over a time deemed sufficient to provide a history of the value of the business and the total benefits received by the owner. This review may include three to five years of the following records: income tax returns, balance sheets, accounts payable and receivable ledgers, profit and loss statements, and will also include a review of the owner’s salary from the business, distributions, fringe benefits and personal expenses paid from within the business. The results can then be used to negotiate a party’s position at the pre-trial level and then used at trial.
The evaluation can also be used as a tool in our mediation practice where the evaluator might act as a neutral. Business evaluation experts are hired to conduct these evaluations, and in contested situations, are often asked to testify.
Contact the Newport RI Divorce Law Firm of Jeremy W. Howe LTD at:
401-841-5700 or via EMail HERE.
Divorce and Asset Settlement - Barrington, RI
We represented our client as the seller’s agent at a real estate closing on the marital home, several months after the Final Judgment had entered. Our client had since moved out of state, and needed to appoint a Power of Attorney to attend the closing on his behalf. We also reviewed the closing settlement statement with regard to disbursement of the final proceeds. We were able to point out that overdue motor vehicle taxes should have been allocated to the ex-Wife’s portion, and that our client should not be responsible for those. This resulted in a savings of more than $800.00 to our client.
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Restoration or Name Change. Upon request, the wife may return to the use of her maiden name or any other name by which she was previously known.
Child Support. Child support is requested in the divorce Complaint in the prayers or demands.
Spousal Support. Alimony is also included in the Complaint. It can be granted based upon numerous factors set forth in the Rhode Island Alimony statute. In Rhode Island, alimony is generally “rehabilitative”. It is designed to provide support for a spouse for a reasonable length of time to enable the recipient to become financially independent and self sufficient. The court does have discretion to award alimony for an indefinite period based upon the factors set forth in the Alimony statute.
Some people would prefer not to be divorced. Certain religious beliefs carry a stigma in relation to divorce and those practicing these beliefs will not be permitted to remarry within their chosen faith if they are divorced. In the State of Rhode Island, it is possible to obtain a “divorce from bed and board” which considers all mattes relating to property and the children but does not divorce them in the eyes of the church.
Contact the Rhode Island Divorce Attorneys of The Law Offices of Jeremy W. Howe LTD at:
401-841-5700 or via EMail HERE.
In today’s economic climate, many divorcing couples are having a very difficult time dividing their assets because their investment accounts and “qualified” assets such as 401k accounts have diminished in value. At the same time their real estate value has diminished and their debt has increased. Often, they are running a negative cash flow even before they separate and have two residences to support.
When Jeremy Howe and Kristy Garside represent a party in a divorce action, we often are met with unrealistic offers from opposing counsel or we want to put forth a fair and realistic offer grounded on facts and not emotion. Our use of the software allows us in all cases to present clear projections of the current and future budgets of the persons with accurate future tax computations. The result is the most accurate picture possible of the economic consequences of an offer or counter-offer.
Similarly, When Nancy Johnson-Gallagher and Jeremy Howe of “Partners In Mediation” mediate cases, they use Family Law Software in most of the mediations. The software serves the important purpose of pointing out the true and complete economic position of the couple. Most often, one or both of the mediating couple do not have a clear picture of their economic reality. If the other party or the mediator(s) show that reality, they can be seen as “siding” with the other person (who does understand their reality) or as trying to defeat the desire of the other to be divorced.
More importantly, the software allows your mediators or your lawyer to manipulate all variables to determine which solution is the best solution:
All of these questions can be answered through use of the software and in many mediations and divorces, the software information has been the key to showing our clients the “bottom” line regarding their future budget and their future estates. Some mediators espouse a type of mediation known as “collaborative” mediation where they bring in attorneys, counselors and accountants with the mediating persons to resolve domestic mediations.
In our case, we bring our legal knowledge (Jeremy Howe) and our therapy experience (Nancy Johnson-Gallagher) into the room with our Family Law Software and we have found that our method is cost-effective and that the parties are in a better position to mediate if they are not mediating in a vacuum. Similarly, a divorcing client can “buy into” a solution if he or she can see the present and future affect of an offer on them personally. In all cases, we offer the mediating persons or our clients the option of validating the data with their own accountant. We submit that we can help customers through the difficult divorce process better through our use of Family Law Software.
Contact the Family and Divorce Attorneys of The Law Offices of Jeremy W. Howe LTD at:
401-841-5700 or via EMail HERE.
Disclaimer
CASE RESULTS : EACH CASE IS FACT SPECIFIC AND WHAT MAY HAVE HAPPENED IN THESE CASES MAY NOT “FIT” YOUR PARTICULAR SITUATION OR BE IN YOUR BEST INTEREST.
If you are seeking advice or information after reviewing our website, please understand that the use of the Internet for communications with this office will not establish an attorney-client relationship. An attorney-client relationship can only be established after a full interview in person and completion of an appropriate attorney-client relationship agreement. Messages containing confidential information should be sent with care since the Internet may not be a secure method of communicating. Time sensitive information should not be sent without other forms of communication such as a telephone call.
The information contained in this site is provided as a public service for informational purposes only and is not intended to be a comprehensive statement of the law or, in particular, to contain legal advice. Laws vary from state to state and are subject to change, which could affect the information available on this site. If you have questions regarding any information found on this site, you should consult an attorney who can investigate the particular circumstances of your situation. Persons receiving information found on this site should not act on this information without receiving professional legal counsel. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
The Rhode Island Supreme Court licenses all lawyers in the general practice of law. The Court does not license any lawyer as an expert or a specialist in any field of practice.
Additionally we meet law office and mediation clients by appointment at:
"We also make ElderLaw housecalls!"
