Uncategorized

An experienced RI divorce lawyer answers numerous questions about domestic law practice in Providence Family Court.

• What is “Discovery” in Rhode Island Divorce?
• How do I get information about my Spouse?
• How do I get information about Marital Assets and Debts?

In some cases, husband or wife may be hiding assets or stashing away money in a safe deposit box. In other cases, one spouse is completely unaware of the nature and extent of the marital estate.

Discovery in Divorce

Rule 26 through 37 of the Rules of Domestic Relations procedure relate to the discovery process in RI Family Court. In 2014 the RI Supreme Court revised the rules substantially. You should contact a Rhode Island divorce lawyer to get advice on how to handle your RI divorce case

Discovery is a process by which the parties get information or admissions from their spouse. Parties can at their option proceed with “discovery”. Discovery is most important and perhaps crucial in a case in which a spouse is unaware of the extent of the marital assets and estate. Discovery can be a useful to obtain documents or other tangible evidence that is needed for settlement or trial. RI discovery can also be used to obtain admissions of certain allegations.

It is immoral for a person to lie about cheating or an affair to their spouse. It is not illegal or a criminal act for a person to lie to their spouse about an affair. If a person lies under oath either in testimony or in a written document under oath, they may be committing perjury. If a Rhode Island Family Court judge believes a party is lying under oath there could be sanctions. This may include a referral to the Rhode Island Attorney General for prosecution. Most incidents of lying in Rhode Island Family Court are not prosecuted.

Interrogatories and request for admission

Many Rhode Island Divorce Attorneys use interrogatories or request for admissions to force the other party to state under oath whether they had an affair and the extent and details concerning the extra-marital affair / infidelity / cheating.  There are several discover tools that can be used by Rhode Island Divorce Lawyers: Request for Production of Documents, Interrogatories, Request for Admissions, Depositions, Subpoena Duces Tecum, etc.

Should I take the Deposition of my spouse?

A Deposition is when a party usually through their lawyer, asks their spouse questions under oath in front of a court reporter. Depositions are usually held in the conference room of a Law Office. In Rhode Island Family Court, a party must obtain leave of court / permission from the court in order to take a deposition. Motions to take deposition of the other party are almost always granted by Rhode Island Family Court Judges. Depositions are a powerful yet expensive discovery tool.

A deposition can be very effective because the Rhode Island divorce attorney can ask the other party questions face to face. The attorney can ask follow-up questions and can ask questions in different ways. This is particularly effective if a party is being evasive or less than forthcoming. There is very little the other Rhode Island Attorney can do to help their clients answer the questions during a deposition.

Depositions can be very expensive because the Court reporter transcript could cost several hundred dollars. Also, the Family Law attorney taking the deposition will need perhaps several hours to prepare for the deposition. Both Rhode Island Divorce Lawyers will be required to attend the deposition, which could take up to several hours. Depositions are usually better ways to get information about sensitive topics rather than written interrogatories.

What are Request for Admissions?

Requests for Admissions when used properly can be a very effective Discovery tool in a Rhode Island Divorce. Request for admissions are written requests usually prepared by the attorney. The other party must reply within a short period of time. If the party does not reply to the Request for Admissions within the applicable time, the allegations will be deemed admitted.

Interrogatories

• what are they?
• Are they worth the time and effort?
• What types of questions can be asked?

Interrogatories are written questions that a party may sends to the other party. Each side is allowed up to 32 interrogatories. Interrogatories can be helpful in obtaining a description of assets, allegations that will be made or other information.

The information requested in Interrogatories can run the gamut from Child Support to marital infidelity. The Information requested often, includes, child custody issues, child visitation, disability and life insurance, criminal history, drug and alcohol abuse, gambling addiction, alimony, health insurance issues, real estate issues, estate planning and trust issues, Rhode Island Personal Injury Claims, trust and estate info, domestic violence / restraining orders, valuation of assets, mental health history and any Rhode Island Family Law matters.

Interrogatories answers are usually partially written and also reviewed by your spouse’s lawyer. Interrogatories must be answered in the time frame set by the Rhode Island Domestic Court Rules. There are some limitations to the usefulness of the information and answers received because the answers are usually written by your spouse’ Attorney.

Subpoenas duces tecum

A Subpoena is essentially a court order to bring certain documents to court. A Subpoena Duces Tecum can be very effective in obtaining documents from third parties such as bank records, stock records, employment and wage records and other documents.

Should I send request for production of documents?

Request for production of documents is a list of requested documents that must be responded to within the applicable time period. I find this discovery tool to be particularly successful in obtaining documents and records including: pension plan documents, 401k records, retirement accounts, health insurance records, stock accounts, estate planning documents, credit card debts, bank statements, real estate documents etc.

RI discovery case law:

Supreme Court of Rhode Island. Kathleen M. GORMAN v. Daniel W. GORMAN. No. 2003-611-Appeal. Decided: August 26, 2005 Present:  WILLIAMS, C.J., GOLDBERG, FLAHERTY, SUTTELL, and ROBINSON, JJ. Paul P. Pederzani III, Warwick, for Plaintiff. Joseph E. Rothemich, Coventry, for Defendant.

Supreme Court of Rhode Island. Rosemarie ZAINO v. Frank N. ZAINO. No. 2000-74-Appeal. Decided: March 03, 2003 Present:  WILLIAMS, C.J., LEDERBERG, FLANDERS, and GOLDBERG, JJ. Colleen Crudele, Steven N. Ortoleva, for Plaintiff. Lauren E. Jones, Providence, Jeremy W. Howe, for Defendant.

Supreme Court of Rhode Island. Rosemarie RUFFEL v. Lance RUFFEL. No. 2004-6-Appeal. Decided: June 28, 2006 Present:  WILLIAMS, C.J., GOLDBERG, FLAHERTY, SUTTELL, and ROBINSON, JJ. Lauren E. Jones, Esq., Providence, for Plaintiff. Robert S. Parker, Esq., Providence, for Defendant.  OPINION

What are the penalties for refusal to comply with discovery?

““It is fundamental that the Fourteenth Amendment requires notice and an opportunity to be heard before one is deprived of his property or liberty.”  Fricke v. Fricke, 491 A.2d 990, 997 (R.I.1985).   In the present case, however, Paul’s due-process rights were not violated because he had ample notice that sanctions would be imposed if he did not comply with the discovery requests at issue. Moreover, Paul had adequate opportunities to be heard on the issue of why he would not produce the financial records during trial and before sanctions were imposed.   The record reveals that the original request for the relevant records was made in January 2002.   During the course of the trial, on March 26, 2003, the general magistrate ordered Paul to produce the records within three weeks, and Paul’s counsel indicated that he would produce the records “forthwith.”   On the same day, an order was entered indicating that Paul would suffer daily sanctions if he refused to comply.   In a June 4, 2003 order, Paul again was reminded of the threat of sanctions for failing to comply with the court orders.   The defendant could have objected or explained at these junctures why he did not produce the records, but he failed to do so.   We therefore see no merit in Paul’s due-process challenge.” Supreme Court of Rhode Island. Kathleen C. VICARIO v. Paul Michael VICARIO. No. 2005-244-Appeal. Decided: June 29, 2006
Present:  WILLIAMS, C.J., and GOLDBERG, FLAHERTY, SUTTELL, and ROBINSON, JJ. Jerry L. McIntyre, Esq., Providence, for Plaintiff. Donald R. Lembo, Esq., North Providence, for Defendant.  OPINION

“Furthermore, we are satisfied that the general magistrate did not abuse his discretion in imposing the sanction.  “Rule 37(b) of the Family Court Rules of Procedure for Domestic Relations provides the court with a smorgasbord of sanctions for situations in which the court is presented with a party’s failure to comply with a discovery order pursuant to Rule 37(a).”  Lembo v. Lembo, 677 A.2d 414, 419 (R.I.1996).   Pursuant to Rule 37, this Court has upheld monetary sanctions for such violations.   See, e.g., Zaino v. Zaino, 818 A.2d 630, 640-41 (R.I.2003);  Lembo, 677 A.2d at 419.   We will “reverse a trial justice’s decision to impose sanctions for Rule 37 violations only when we find that he or she has abused his or her discretion.”  Zaino, 818 A.2d at 640 (quoting Lembo, 677 A.2d at 419).” Id.

“In finding that a $10,000 sanction was warranted to offset any additional counsel fees, time lost by Kathleen, and court delays that had resulted from Paul’s conduct, the Family Court noted that Paul had failed to follow its mandates regarding discovery of the financial documents for months and that the court had been “most patient over an extended period of time.”   The general magistrate stressed that Kathleen’s expert witness “had to reassess his testimony all to no avail” because of the violation and that “[t]o this moment the [d]efendant has yet to comply with the Court Order.”   Based on the record before us, which clearly shows that Paul was unwilling to produce the records in a timely manner throughout the entire proceedings, we see no abuse of discretion in this ruling.” Id.

Rhode Island Attorneys legal Notice per RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer or attorney as an expert or specialist in any field of practice

Divorce in Rhode Island is one of the most painful and difficult processes that people ever have to go through in life, but more often than not it’s a necessary one. Coming to terms with the fact that you are no longer going to spend the rest of your life with the person you seemed destined for is hard enough, but the actual legal separation proceedings themselves can really knock the stuffing out of you. Divorce in RI is never easy, but fortunately there are ways to help ease the pain and get through it all to the other side so you can move on with the rest of your life.

First of all, when it comes to divorce in Rhode Island it’s important to remember that you’re not alone. There is a billion dollar industry devoted to divorce proceedings, and there are millions of people all over the world who have gone through a legal separation during their lives. There’ve been divorces before you, and there’ll be divorces after you too.

Divorce is a long, complicated and challenging process, but by taking note of the “five C’s” and acting accordingly, you can allow things to go as smoothly as they possibly can.

Communication

Talk about it. There’ll inevitably be blips of self-restraint and some extremely difficult feelings during your separation, but if you can, it’s important to sensibly discuss with your ex-partner why you both came to the decision to divorce in the first place. Assure one another that the decision is for the best, and use it as a springboard for better things. Effective communication with your spouse is absolutely essential for proceedings to go smoothly.

Whilst the high separation rate statistics are unfortunate, it does mean that there a lot of people you can talk to about divorce. Talking the process over is truly therapeutic and rewarding – and whether you enter into a discussion with a person who’s gone through it all before, or a professional who specializes in emotional repair – having a frank conversation about your divorce is important in order to allow you to get through it.

Composure

Throughout the proceedings, it is vital to maintain a patient and composed approach. Hostility and anger only hamper the difficult proceedings, and keeping your cool can really help speed things along. It’s a truly testing time, but composing yourself and acting like a mature adult will not only benefit you, but also any other members of the family affected by the separation.

It’s understandable that you may feel a horde of negative emotions during the separation process, but channeling them elsewhere under the guidance of counselling is the best course of action to take.

Co-operation

Divorces in Rhode Island can get particularly nasty when it comes to who owes whom, and which person is entitled to what. This is why it’s important to co-operate with one another during separation proceedings, and do your best to be realistic about what you can expect to receive after the divorce in terms of finance.

Help each other out as best as you can, and give one another leeway – offering a compromise wherever possible. Remember that you loved this person once, and whilst you may have hurt one another in unbelievable ways, you owe it to both them and yourself to co-operate one final time.

Children

If there are children involved in the separation, you should remember that they’re watching everything that’s going on. Kids are intuitive, and will be more aware of the situation than you might think, no matter how young they are. Remember that these proceedings are as tough on them as they are on you, and it is important to be peaceful with your former spouse in front of them and present a united front. Fierce arguments with your former partner can mentally scar children for life, so always be calm, cool, and collected in front of your children when your ex is present. Assure them that everything is going to be ok, and remind them whilst everything around them appears to be changing, your love for them never will.

Change

It may be difficult to recognize divorce in Rhode Island as anything other than a dismal process whilst you’re in the middle of court proceedings and emotional conflicts, and it can often feel as though things will never get better. But try to look at the situation in a positive light. Divorce in RI is about change, and can represent a moment that acts as the first day of the rest of your life. Use it as an incentive to act out your dreams and desires. Change can be a very good thing, even if it doesn’t seem like it at first.

Remember these “five C’s”, and you can sufficiently help turn a typically depressing process into a productive one. Stay strong, and best of luck. 

If infidelity was not part of the vocabulary of relationships, then definitely being in a relationship would be enticing. However, in the contemporary society that we live in; relationship experts rank infidelity as the top reason for ending relationships. This situation has made most adults refrain from indulging themselves in relationships, fearing the emotional setbacks that might come with being attached.

Well, individuals such as these really have nothing to worry about. How about people who are already in a relationship? The dreadful thoughts that your partner might be cheating on you can be depressing. This can also cause great drifts between you and your partner driving the relationship into a turmoil where LOVE exists no more. If this is the case in your relationship, then you would want to read and inform yourself on some of the causes and consequences of infidelity.

Causes of Infidelity 

According to relationship experts, in  Rhode Island and across the United States, when a spouse accuses the other of infidelity out of sheer intuition, in most of the cases; they are always right. Intimacy of spouses confers on them the ability to feel and intuitively judge situations. In that light, when a spouse feels the other is going out of wedlock to fulfil pleasures he/she is most probably right. Below are some of the reasons your partner might be cheating on you.

Crave for Attention

This is common for both male and female spouses in Rhode island (RI) . A female spouse who due to the enormous pressures and responsibilities of a Mass. marriage; feels more of a housekeeper or a nanny than a loved wife will tend to seek attention outside marriage. This is because she craves attention for the beautiful being she is rather than the specific duties she performs. On the other hand, a man in Massachusetts who is busy and overwhelmed by work might feel neglected. If a man feels this way he might need attention to validate his status from an outward relationship.

Crave for Intimacy/Sexual Satisfaction

Women’s sex drive is built up around intimacy. This is unlike men who crave sex for the sake of it rather than intimacy. In that case, women in relationships who feel intimately neglected by their spouses might look for the intimacy elsewhere in Massachusetts. On the other hand, your man might resolve to infidelity in case he does not get the sexual satisfaction he craves for. It is understandable when women in typical relationships suffer low libido due to multiple duties. When this is the case and the male spouse is not understanding, he might deem it the perfect time to look for some satisfaction.

Loneliness/Boredom

This cause of cheating normally takes effect in relationships where one of the spouses spends long periods of time working. In most of the instances, it will affect women much more than it affects men. If you work takes the better part of your time and you have really little time to be home with a wife and family, then this might be the cause of infidelity in your relationship. Women in this type of relationships tend to look for some comfort from casual sex relationships or even intense romantic affairs.

Lack of Love

Most of the relationships  in MA normally start off on a high note of love. When the relationship is on and the daily realities of life chip in, the initial love tends to fade away. When you feel that your partner is no longer in love with you or vice versa, then this can be a cause of infidelity in your relationship. Partners who feel no longer loved or in love tend to break away from the codes of a relationship to seek love elsewhere.

Consequences of Infidelity in Massachusetts

Infidelity is an act of violating an implicit or explicit relationship agreement. It has grave consequences for the victim spouse. It does not necessarily constitute sexual intercourse or physical dishonesty, but can refer even to emotional acts that undermine the relationship. Partners who indulge in infidelity have the tendency of playing the blame game and blaming the victim partner for their acts. Among the totally negative consequences of infidelity include:-

1. Sense of Instability on the victim partner.
2. Lack of trust and inability to rebuild it.
3. Severe damage to self esteem, which might cause you to look down on yourself.
4. Rippled emotional disorders which lead to lack of self understanding. You might not know whether to cry or scream.

Infidelity, or cheating in a romantic relationship, is a complex and multifaceted issue with various potential causes. It’s important to note that every situation is unique, and individuals may cheat for different reasons. Here are some common factors that can contribute to infidelity:

1. Lack of Communication: Poor communication within a relationship can lead to misunderstandings, unmet needs, and emotional distance. When partners feel they cannot express their concerns or desires openly, they may seek emotional or physical connection outside the relationship.
2. Unmet Emotional Needs: If one partner feels neglected or unfulfilled emotionally, they may seek emotional support, understanding, or validation from someone else.
3. Lack of Intimacy: Physical and emotional intimacy are crucial in a romantic relationship. When there is a significant lack of intimacy, some individuals may seek it elsewhere, leading to infidelity.
4. Unhappiness in the Relationship: Chronic dissatisfaction, feelings of boredom, or a sense of unfulfillment can contribute to infidelity. Seeking excitement, novelty, or a sense of vitality, some individuals turn to others outside the relationship.
5. Opportunity: Sometimes, infidelity occurs due to an opportunity that presents itself, rather than a deliberate choice to cheat. Proximity to someone attractive or a situation that fosters intimacy can lead to impulsive decisions.
6. Low Commitment Level: If one or both partners are not fully committed to the relationship, they may be more prone to seeking fulfillment elsewhere. Commitment involves dedication, loyalty, and a willingness to work through challenges.
7. Personal Issues: Individual factors such as low self-esteem, a history of trauma, or unresolved personal issues can contribute to infidelity. Some people may use infidelity as a way to cope with personal insecurities or emotional pain.
8. External Stressors: External pressures, such as work-related stress, financial difficulties, or family issues, can strain a relationship. In some cases, individuals may seek solace or escape through infidelity.
9. Unrealistic Expectations: Unrealistic expectations about relationships and partners can set the stage for dissatisfaction. If one partner feels their needs are not being met, they may seek someone else who they believe can fulfill those expectations.
10. Revenge or Retaliation: In some cases, individuals may cheat as an act of retaliation or revenge in response to perceived wrongdoing or infidelity by their partner.

It’s important to remember that these factors are not excuses for infidelity, but rather factors that may contribute to the complex dynamics that lead to such behavior. Building open communication, addressing issues proactively, and seeking professional help when needed are essential for maintaining healthy and fulfilling relationships.

You might not be able to write down all the effects that an act of infidelity from your partner can have on you. The fact that there is pervasive infidelity in today’s society does not rule out the fact that marriages and relationships can still exist to success. If you are in a relationship all you have to do is to enhance communication with your partner as this is the sole beginning of success in a relationship. If it doesn’t work out and you consider the divorce, consider first all pros and cons and move on.

Rhode Island child custody attorney, David Slepkow provides 7 tips for litigants in Providence Family Court. David Slepkow is an experienced Family Court practitioner with 26 years of experience fighting the battles in Providence Family Court.

Custody and domestic relations TIPS!

1. Never get in a feud with opposing counsel in a divorce or custody cause of action. It is okay to be firm and have aggressive positions. It is okay to disagree and make your points but these disagreements should never get personal.

Remember, the opposing Rhode Island child custody lawyer is just doing his job and representing your spouse or ex boyfriend’s positions. Also, in order to get your case resolved in a fair and meaningful manner, you need an open line of communications between you and opposing counsel. Brouhaha’s tend to waste time and could give additional motivation to your wife’s lawyer or husband’s divorce attorney.

Do not talk bad about the other parent in front of your child

2. Never directly or indirectly disparage the other parent in front of the minor child or allow others to do so. Even indirect negative comments such as  “if your dad paid his support we could go to the amusement park today” can be damaging to your child. Negative comments are emotionally damaging to children and can lead to depression, criminal activity, delinquency, alcohol abuse or mental health problems.

Children are not delivery persons for your support obligation or medical reimbursement

3. Never use your child as a messenger to negotiate visitation or act as a delivery person for your child support payments. It is the adults responsibility to arrange visitation and the adults should never get children in the middle of these feuds. (however, older children 15 plus can often work out their own schedule, if both parents agree.)

4. Be careful, what you say in all communications. Phone conversations are often being taped by the opposing party. Text messages will be printed out and used against the other party in Providence Family Court.

Never act like an irrational moron in RI Family Court

5. Never act irrationally or make decisions based on emotions especially in a divorce case in Providence Family Court. If you are angry or infuriated, step back and wait so that you can make a rational decision in your best interests.

6. Do not make cash payments of child support without a receipt. If you have no written receipt and your ex-girlfriend claims she never received the support payments then you will not get credit for the payment.

Child support garnishment

7. If you were ordered to make child support payments to the RI Family Court or your order was previously garnished then all payments of support must be made through the RI family Court. If you make a direct payment to the child’s mother then the computer will not be aware of the payment to give you credit and the computer will run an arrears in the system.

Rhode Island divorce attorney, David Slepkow, presents the top indicators that it is time to end your dreadful RI divorce war. If any of these indicators are present in your Providence Family Court Divorce, it is time to set up a settlement conference or a mediation and find a way to end this spiteful and malicious serious of endless battles. It has become a nightmare, so it is time to end it!

The divorce war is a train wreck!

The divorce has become a train wreck. No one knows what the Rhode Island divorce is about, anymore. The parties are unclear what motions are still really pending.

No one knows what the parties are fighting about and what issues have been resolved. Court orders have become convoluted and some irrelevant.

• The case has become convoluted, confusing and an unmitigated pile of horse crap.
• The divorce is starting to get a reputation as a waste of time among the judges, clerks and court staff.
• It has gotten to the point that the stenographer mutters under her breath “not the Johnsons again.”
• Both lawyers would love the case to go away and so would just about everyone on earth, except the parties.

The Rhode Island Supreme Court in Fossa v. Fossa described RI family Court nuclear wars, the best, when the Court stated: “This scarecrow of a suit has, in course of time, become so complicated, that no man alive knows what it means. The parties to it understand it least; but it has been observed that no two Chancery lawyers can talk about it for five minutes, without coming to a total disagreement as to all the premises.”   Charles Dickens, Bleak House 7-8 (George Ford & Sylvère Monod eds., W.W. Norton & Co.1985) (1853).” 

See also, “If “you people” cannot avoid an unseemly and nasty divorce war, that no one can win, then you must abide by the written and unwritten rules of divorce war. Rhode Island Divorce lawyers know who “you people” are!  “You people” are people who use and abuse the Rhode Island Family Court System.” https://rhodeislanddivorcelawyerarticles.com/rules-divorce-war-providence-family-court/

Rhode Island divorce attorney fees astronomical

• You have spent more in divorce attorney’s fees then the total liquid assets in the marriage.
• The amount of divorce attorney’s fees in the divorce are disproportionate to the amount of assets in the marital estate.
• The parties are vengefully fighting over petty issues that do not warrant the thousands of dollars of lawyer fees.
• Everyone wants the two of you to get lost, including the judge, the clerks and your own divorce lawyers!

Numerous continuances

•  The case is being continued all the time without a resolution of the matter and the litigants are frequently sent to mediation.
• There are so many motions pending that it would make your head spin.
• More than half of the motions have never been decided by the Providence Family Court.
• In fact, sometime none of the motions have been decided.
• The parties are unclear what motions are still pending and why.
• Emergency motions are flying around, indiscriminately
• Emails and faxes with purported emergencies are going back and forth, for no rhyme or reason.
• No one can adequately say why this motion constitutes an emergency. Perhaps a better word for this emergency is: “leverage.”

Friends want you to get lost

• Your friends and family are sick and tired of all the bickering.
• They want the case to go away just like everyone else.
• Each party is on their 2nd, 3rd or 4^th Rhode Island divorce attorney.
• Some of these RI child custody lawyers have been fired and others run for the hills from this three-ring circus.

Providence Family Court mistakes

• At this point, everyone is ignoring RI Family Court orders or selectively following the orders they want to abide by.
• The case has raged on for so long and so many court orders have been broken that no one is taking the orders seriously.
• In some cases, there are so many orders that no man alive can understand what they all mean and which ones are still in effect.
• The parties are not acting rationally. In fact, perhaps one of the two parties have moved on to the extent that they are engaged to someone else!

“Every Rhode Island Divorce Attorney has been embroiled in a “nuclear war.”  Lawyers do not really enjoy being involved in these unseemly and out of control skirmishes that never end.”