The benefit of grandparents

A study from the University of Oxford found that the involvement of grandparents in a child’s upbringing has positive effects on their lives. Their study reports that grandmothers are often associated with the nurturing aspect of a relationship, while grandfathers provide involvement and mentoring. The results point to the fact that grandparent-grandchild relationships can have a big impact on the wellbeing of a child.

The rights of grandparents

Rhode Island law 15-5-24.3 addresses the visitation rights of grandparents. Visitation may be granted by the courts if it is in the best interest of the child and if the grandparent is fit for visitation, has repeatedly tried to visit the grandchild, court-ordered visitation is necessary and any refusal for visitation by the parents is unreasonable. This means that the courts may grant visitation to grandparents.

It is also possible that courts may grant guardianship or custody to grandparents. For example, grandparents may ask the courts for custody if both parents are unfit to care for the child.

Parents are typically the first eligible party to have rights to a child. However, that does not always mean that they should be. If a grandparent-grandchild relationship is cut off unreasonably or if it would be in the child’s best interest for the grandparent to have custody, they may pursue such rights through legal action.

• Do friends and family await your Tweets?
• Is Instagram home to pictures of all your latest adventures?
• Has Facebook become a forum for your personal thoughts and opinions?

If you answered yes to one or all of these questions, you may need to reevaluate your social media posting rituals for the remainder of your divorce proceedings. During the course of your divorce, online forums such as those listed above are not where you should be sharing details about your personal life, especially as they pertain to your marriage and its pending dissolution.

Social Media Mistakes to Avoid

1. Oversharing: Refrain from posting about the details of your divorce online, no matter how messy, scandalous, or otherwise “newsworthy” they may seem.
2. Bragging: Making subtle comments about how much better life is without your ex won’t do anything more than potentially hinder your own emotional healing.
3. Posting pictures: Any picture can be misinterpreted, even innocent ones. Avoid posting pictures where you’re drinking, partying, or partaking in any other “questionable” behavior.
4. Badmouthing your ex: Bashing your soon-to-be ex online won’t do you any good in the long run. Even the immediate relief will be fleeting, and ultimately unsatisfactory.
5. Blocking your ex: It’s tempting, we know. But, ultimately, all this will do is add fuel to the fire. It gives your ex permission to question if you’re trying to hide something.

HELPFUL TIP: Social media posts are admissible in court. This means anything you post online could be used against you when determining the terms of your divorce, i.e. custody, support, property division, etc. Furthermore, anything you post is permanent. Sure, you can remove / delete a picture or

status update, but that doesn’t mean it hasn’t already been seen, screenshotted, and saved by someone else.

For more legal help and advice during your divorce, contact us at TJC • ESQ. A Rhode Island family law attorney at our office would be happy to meet with you to discuss your situation in further detail.

DON’T agree to anything just for the sake of getting out. When you’re desperate to get out of the marriage, it can be tempting to agree to any “offer” thrown your way. Don’t. Hastily agreeing to an alimony agreement or division of assets could leave you short of what you’re actually owed. Although it may be difficult, holding out for the right settlement will be well worth your while.

DO investigate the situation. It’s not uncommon to find hidden assets or income in high net worth divorce. That being said, make sure you launch a full investigation into your finances as a couple before the divorce is finalized. You may be surprised at what you find.

DON’T approach the situation from a “revenge” standpoint. If you think you’re going to make your spouse “pay” for any wrongs that occurred during the marriage, think again. This is not the right time or place to do it. Any additional finances you make your spouse pay now could affect you later. And it certainly won’t aid in your healing or overall emotional wellbeing.

DO consider potential tax consequences. Before you divorce, know what you’re getting yourself into. Especially in high net worth cases, dissolution of the marriage could result in tax consequences, i.e. taxed assets. The right divorce lawyer can help safeguard your finances and protect you from any serious financial hardships along the way.

DON’T be persuaded by friends. Just because a neighbor or close family friend had one experience, doesn’t mean yours will be the same. Don’t get caught up in statements like, “My friend lost millions in his divorce.” Comparing your case to someone else’s won’t get you anywhere. Trust that your lawyer knows what they’re doing and proceed as instructed.

DO hire an attorney. Not all divorce lawyers are equipped to handle high net worth cases. When you have large amounts of money and personal assets on the line, you need an attorney who can skillfully represent your best interests. You need an attorney who has successfully handled high net worth divorces in the past. You need TJC • ESQ.

Fortunately, determining how your child will spend their time during the holiday season does not have to be a major battle. To help minimize some of the stress of planning your child’s schedule this holiday season, be sure to keep the following tips in mind.

1. Plan early: Do not wait until the last minute to plan out your child’s holiday schedule. The sooner you begin, the more time you will have to work out any concerns that may arise.
2. Compromise: Certain holidays and dates may have particular importance to your ex-spouse, such as a planned trip to see family during Christmas. If that week is less important to you, be willing to accommodate and negotiate a trade, such as giving them Christmas in exchange for having physical custody during New Years. The more flexible you are, the more willing your ex-spouse will likely be to budge on an issue you find important at a later date.
3. Put it in writing: Once an agreement is reached, make sure it is memorialized in writing and signed by both you and your ex. Include specifics such as dates and times. If this agreement is not followed, this written record can be used as evidence later on in your favor.
4. Be good, for goodness sake: Remember, the holidays are a time of peace, love, and goodwill. While you and your spouse may not be on good terms, the least you can do is to set aside these differences and be civil for the sake of your child.

While these tips can help foster a happier holiday season, we all know that issues can arise that are beyond our control. If you are having trouble negotiating a mutual parenting with your spouse, contact TJC • ESQ today. Our Rhode Island family lawyers have been solving complex divorce and child custody cases for the past 30+ years and can provide the trusted guidance you need to reach an amicable solution as smoothly as possible.

Call 401-400-4254 or schedule a confidential case review today to get started.

At TJC • ESQ, we know the Rhode Island family court system like the back of our hands. With more than 30 years of family law experience in Rhode Island alone, it makes sense that we would know the ins and outs of the system, its purposes, how it functions, and where they are within the state. We understand, however, that some of our clients might have never had a run-in with family law before and don’t know the basic information. Take a look at the courtroom you need to visit and the below list of their locations to make certain you don’t miss an important court date. (This blog post occurred in early October 2016.)

Five family courthouses in Rhode Island are:

• Licht Judicial Complex
  • Where: 250 Benefit Street, Providence, RI 02903
  • Phone: (401) 222-3250
  • Directions from our office: Just down the road; head eastbound on Westminster Street; cross the Providence River onto College Street; courthouse will be on the right, just beyond Main Street
• Garrahy Judicial Complex
  • Where: 1 Dorrance Plaza, Providence, RI 02903
  • Phone: (401) 458-5400
  • Directions from our office: Just a short trip away; head southwest on Westminster Street; turn right on Dorrance Street (should be heading northwesterly); destination will be on the left, before you reach Exchange Terrace
• Noel Judicial Complex
  • Where: 222 Quaker Lane, Warwick, RI 02886
  • Phone: (401) 822-6750
  • Direction from our office: 20 minute drive to the south; make your way to the I-95 South (you can use nearby Memorial Boulevard for your onramp); eventually use exit 10B to merge onto RI-117 (Centerville Road); take a left onto Quaker Lane; destination will be on the left, just beyond Ginsu Way and Trellis Drive (large, glass-fronted building)
• McGrath Judicial Complex
  • Where: 4800 Tower Hill Road, Wakefield, RI 02879
  • Phone: (401) 782-4131
  • Directions from our office: 40 minute drive to the south; make your way to the I-95 South (Memorial Boulevard onramp is near); eventually merge onto RI-4 South; merge onto US-1 South; eventually take exit towards Stedman Government Center/McGrath Judicial Complex; take the first left onto Hampton Way; complex is at the end of the road on the left
• Murray Judicial Complex
  • Where: 45 Washington Square, Newport, RI 02840
  • Phone: Varies
  • Directions from our office: 50 minute drive east across Narragansett Bay and south – this path crosses into Massachusetts and avoids toll roads; make your way to the I-195 East (Water Street [US-44 E] onramp southeast of our office is likely most convenient); eventually use exit 8A for MA-24 South towards Tiverton; eventually merge onto RI-114 South; continue straight after it turns into both Main Road and Broadway; turn left onto Gibbs Avenue (should be heading southeasterly); turn right onto Kay Street; turn right onto Touro Street; destination will be directly ahead at Spring Street intersection

If you need legal help or additional information, feel free to contact our Rhode Island family law attorneys at TJC • ESQ. You can also schedule an initial consultation to learn more about your rights pertaining to your family law or divorce case.

Should I Hire a Lawyer?
In most cases, yes. While you may choose to represent yourself “pro se,” this is highly inadvisable. The divorce process involves a myriad of different applicable laws, deadlines, and procedures that can expose you to a large potential for error. While some minor clerical mistakes can result in delays, other errors can potentially affect your divorce settlement and subject you to penalties. An attorney can handle the associated paperwork and legalese on your behalf, as well as ensure your interests are protected at all times throughout your case.

What are Acceptable Grounds for Divorce in Rhode Island?
Rhode Island is a no-fault divorce state, meaning that couples do not need to cite any sort of misconduct by either spouse in order to pursue a divorce. Most divorces within the state are granted due to “irreconcilable differences,” or simply because spouses do not get along. Divorces that are filed on grounds of fault such as adultery or abuse are typically more contested matters. The only requirement for divorce is that you or your spouse must have lived in Rhode Island for at least one year prior to filing for divorce. Certain exceptions to this rule apply, such as instances in which a spouse is serving active duty in the military but lived in Rhode Island before enlisting.

What Issues Must Be Addressed in My Divorce Arrangement?
Once you and your spouse have retained legal representation and have filed for divorce, you must negotiate the terms of your divorce settlement. The following issues must be addressed:

1. Asset & debt division: Unless wrongdoing is alleged, all assets and debts acquired during the course of your marriage are to be divided equally. This includes real estate, property, vehicles, cash assets, personal belongings, retirement accounts, pension plans, securities, stocks and bonds, and jointly owned businesses. Assets and debts that were acquired or accrued prior to your marriage or after the date of your separation are generally considered separate and are not subject to equitable distribution. The division of marital assets is frequently one of the most contentious issues during the divorce process.
2. Alimony: The higher-earning spouse may be required to make alimony or spousal support payments to the lower earning spouse on a temporary or permanent basis, depending on the length of the marriage, the lifestyle experienced during the marriage, and the earning capacity of both spouses. Alimony is generally rehabilitative in Rhode Island, meaning that it is granted only for a short period of time to help a spouse get the education or training they need to find gainful employment. Indefinite spousal support payments may be granted if a dependent spouse is of considerable age or poor health, or if the paying spouse is found to have subjected the dependent spouse to some form of malevolent behavior during the marriage.
3. Custody & visitation: If you and your spouse have minor children, custody and visitation schedules will need to be established. It is not uncommon for couples in Rhode Island to receive joint custody of their children, allowing each parent to maintain a say in their children’s upbringing. Sole custody may be awarded to one parent if the other parent is deemed unfit to care for their child, though this will depend on the unique circumstances of your case.
4. Child support: The parent that receives physical placement of the child or children must receive child support payments from the non-custodial parent to help offset the cost of raising the child. Child support is calculated by a formula based on the income of the parents and may not be waived by the custodial parent.

These issues may either be negotiated by you and your spouse in an out-of-court uncontested divorce or through contested litigation, though divorces rarely end up going to trial in Rhode Island. Collaborating with your spouse towards an uncontested divorce settlement is greatly preferred over a contested legal battle since it can save you a considerable amount of time, money, and stress.

When Will My Divorce Be Finalized?
Whether you and your spouse have negotiated the terms of your divorce or are looking to pursue litigation, there must be a court hearing of some kind in order to finalize your divorce. All divorce cases are initially scheduled for an uncontested hearing within 90 days of filing for divorce. Once a hearing or trial has been held, judge will file a temporary decree with the court that lists the court’s findings and decision. After 90 days, the Final Decree will be entered. You will remain married to your spouse until the Final Decree is entered.

Divorcing? Call 401-400-4254 Today
If you and your spouse have decided to dissolve your marriage, the Rhode Island divorce attorneys at TJC • ESQ. are here to help. Backed by numerous positive client testimonials and more than 30 years of family law experience, our firm can help you and your spouse pursue an amicable separation and ensure your rights are protected during this difficult time.

We proudly offer free case reviews to all who approach us for help. Schedule yours today.

There are a multitude of reasons why there are so few divorce trials. First, the Rhode Island Family Court system has developed a culture and practice over the years of directly and indirectly promoting divorcing spouses to pursue out-of-court settlements. Whether it be from the pressure of a judge or the spouses’ own counsel, couples are encouraged to work together with one another towards an uncontested divorce to avoid the emotional and physical burden of a trial. In many ways, divorce trials are seen as a breakdown of the system and are discouraged by judges and attorneys alike.

The system itself usually tends to wear parties down to the point where they no longer feel it is worth it to pursue a trial. Lengthy hearings, delays, conflicting schedules of judges and attorneys, and the financial cost of pursing litigation can become overwhelming for the involved parties, oftentimes prompting them to settle. Furthermore, while other types of legal issues such as criminal trials or contract disputes can have a clear winner and loser, divorce cases are not as black and white in their outcomes. Many skilled divorce lawyers can foresee the possible outcomes of a divorce and will encourage their clients to settle, as they will likely do worse if they choose to pursue a trial.

It is also not uncommon for cases to go to the day of trial yet settle before the trial starts. This is usually caused by clients and their lawyers attempting to gain as much leverage as they can to obtain the best settlement possible for their case, sort of like a legal game of “chicken.” This is often the case with particularly contentious cases, such as those involving high net-worth assets.

Simplify Your Divorce with TJC • ESQ. Today
If you are approaching divorce or are already knee-deep in the divorce process, it is important you have a knowledgeable attorney by your side to ensure your best interests are protected. At TJC • ESQ., our trusted Rhode Island divorce attorneys have more than 30 years of experience and can provide the steadfast support you need to guide you and your spouse towards an amicable solution for your divorce.

Come see why our past clients have praised us – schedule a free consultation online today.

1. Whether the business was started before or after the date of marriage
2. Whether the business was a gift or inheritance
3. Whether the business is a sole proprietorship or professional practice
4. Whether the non-owning spouse contributed to the business’ success

Depending on the court’s findings, the business will either be included or excluded from your and your spouse’s marital property. If deemed marital property, the courts will then be tasked with determining a business’ value to ensure you both receive a fair share. Determining how much you will each receive, however, can be complicated.

While appraising and dividing assets such as homes, vehicles, and other belongings can be relatively straightforward, businesses are complex entities that can be made up of a wide range of tangible and intangible assets, including inventory, land, intellectual property, good will, equipment, and bank accounts. To accommodate for this complexity, an appraiser is usually retained to accurately assess the value of the business.

The following methods may be used to appraise your business:

• Asset approach: The fair market value of the business is calculated by adding together the total amount of all assets, both tangible and intangible, and subtracting all company liabilities.
• Income approach: The business is valued based on anticipated economic benefits, such as cash flow.
• Market approach: The sales of the business are compared to those of other similar businesses to forecast the company’s value.

Once reports have been created, you and your spouse will be given the opportunity to negotiate with each other towards an agreement to have one of you “buy out” the other’s share of the business, either through a cash payment or property settlement. If you and your spouse are unable to come to a mutually acceptable arrangement, the courts will step in and issue a decision that determines an equitable division for you and your spouse.

Divorcing? Call TJC • ESQ Today
No divorce is simple – and it is not a process you should consider going through alone. At TJC • ESQ, our award-winning Providence divorce lawyers have been helping couples simplify their divorces for more than 30 years and can provide the compassionate guidance you need to get through this time as smoothly as possible.

To find out more about what our team of attorneys can do for you, call 401-400-4254 or schedule a confidential case evaluation today to get started.

Parties are not divorced until final judgment has been entered. Under the old law, litigants had up to 30 days after the mandatory waiting period to enter their final judgment. Under the new law, litigants have up to 180 days to enter the final judgment. If 180 days pass and final judgment still has not entered, the final judgment can be entered “out of time” by agreement, in the form of a stipulation filed with the court. Under the previous law, parties would have to file a motion and be heard in open court before a final judgment could be entered “out of time.”

This extended time gives parties more time to complete Qualified Domestic Relations Orders (QDROs) and tie up other loose ends before the divorce is final, for example completing the sale of real estate or the division of accounts. There are also tax implications. Parties are still legally married up until final judgment is entered. Accordingly, up until the entry of final judgment parties have the option of filing taxes jointly. The extended time in which these judgments can now be entered give parties more flexibility around tax planning.

The bill can be viewed online at:webserver.rilin.state.ri.us/BillText/BillText16/SenateText16/S2661.pdf

The Boy Scouts of America has released a statement since news of the lawsuit broke, expressing their sympathies for those affected and claiming that the organization had no knowledge of Dennis’ behavior. The lawsuit claims that the Boy Scouts of America acted negligently knowing that “scouting was being used and exploited by child molesters to gain access to and gain the trust of Scouts,” yet did “nothing to alter its Scouting program.” It is the single largest lawsuit ever brought against the organization pertaining to one scoutmaster.

Attorney Conlon will represent the plaintiffs alongside Attorney Brooke Goff of The Reinken Law Firm. For more information about this high-profile case, check out the following links:

• https://www.cnn.com/2015/11/18/us/scoutmaster-sexual-abuse/
• http://fox61.com/2015/11/17/lawsuit-connecticut-boy-scouts-leader-abused-17-boys-2-girls/

Powerful Sexual Abuse Lawyers

At TJC • ESQ, our top-rated child sexual abuse attorneys have been fighting to protect sexually abused individuals for more than 30 years. For more information about our firm’s services and how we can help you seek justice, schedule a free consultation or call 401-400-4254 today.