Surviving a divorce in Rhode Island can be a vulnerable and painful time that seems to never end. In addition to the emotional fallout, many ex-spouses face numerous post-divorce issues involving child support, spousal maintenance, custody issues, child custody motions, alimony terminations, order modifications and enforcement that seem to pull them back into court. Post divorce issues in Rhode Island can be as complicated and perplexing as divorce in itself. Providence Family Court is a complex place. If you are in need of a divorce attorney in Providence, contact one of the top Providence RI divorce lawyers.
Rhode Island Post divorce motions lawyer
Many times, spouses believe that the divorce decree finalizes many of the problems the family faced. However, they later realize that it is the start of lifelong changes that take a substantial amount of time to resolve. In some incidences, the bitter, resentful feelings lead to unexpected consequences. This often manifests itself when a litigant is facing substantial changes in circumstances or when an action is not being complied with in accordance to the judge’s orders.
David Slepkow alimony article: NO justification for nearly everyone to waive alimony in RI divorce
Do’s and Don’ts after divorce
As a part of recovering from the divorce process, the following do’s and don’ts should be followed to minimize many of the legal issues post-divorce. They include:
- Don’t Publicly Display Your Bitter Emotions after divorce– Providence family court judges never look favorably on an ex-spouse who scoops, posts, pins or tweets any information concerning their family law issues, custody challenges or Rhode Island divorce. In fact, public displays of private family information might be detrimental to the children who may view them online. Make the effort to avoid social media and instead win your legal battles in front of your judge in Family Court.
- Do File Modification Petitions Quickly after divorce – It is essential to file your motion in Family Court to modify child support payments if your employment status has changed and you have a substantial decrease in your income. This is because in Rhode Island, child support can only be modified retroactively from the date your motion was filed and the other litigant was served a notice of the claim.
- Do Follow Acceptable Court Decorum – Show up to court dressed properly and never interrupt the RI Family Court judge. It is essential to remember that perception is reality everywhere, including in Providence Family Court, which should never be confused with a nightclub, gym or beach. Also, do not overdress because it makes it look like you are trying too hard.
- Don’t Be Disrespectful – Any display of disrespect to court investigators, sheriffs, court personnel or court clerks will not sit well with your Family Court judge in charge of making decisions about your future and the future of your children. Be respectful at all times and recognize that Kent County judges will always protect their staff.
- Don’t Take Illegal Drugs – If you are in the middle of a contested visitation or custody battle, it is essential to avoid all illegal drugs including marijuana and cocaine. This is because as a custodial matter, you are likely subject to take drug tests at any given moment.
- Do Take the Time to Make the Right Decisions post-divorce– Making a rash decision involving your family or divorce disputes when angry will never serve in your best interest. Take all the time you need to make the right decision for all involved.
- Don’t Belittle Others in Front of Minor Children – Directly or indirectly belittling your minor children’s other parent when young children can hear the communication must be avoided at all times. This means never fighting or arguing with the other parent anytime the child is present or in the vicinity.
Following these do’s and don’ts after divorce can help you obtain the best answers in resolving your post-divorce issues. While settling disputes do not always happen right away, many of the legal problems you are dealing with after your divorce will be settled in time.
Can my ex wife claim Social Security money after divorce?
“If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse’s record (even if they have remarried) if:
- You are unmarried;
- You are age 62 or older;
- Your ex-spouse is entitled to Social Security retirement or disability benefits; and
- The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work.” SSA
- This does not affect in any way the amount of benefits your ex spouse receives from social security.
- Remember, Social security is an entitlement not a property right
Can you sue for alimony after divorce is final?
- If you waived alimony permanently in the divorce nominal hearing and/ or the property settlement agreement, you cannot get alimony.
- If alimony was left”open” in your divorce you can seek alimony after the divorce.
- An Alimony Judgment is modifiable during the term of the alimony award based on a substantial change in circumstances.
- Alimony in not modifiable if there is a property settlement agreement in which the parties agree that the alimony is non-modifiable.
“The biggest mistake divorcing spouses can make is being in the dark about finances. If your spouse has always handled all of the financial decisions in your household and you don’t have any information about you and your spouse’s income and assets, your spouse will have an unfair advantage over you when it comes time to settle the financial issues in your divorce. If you suspect your spouse is planning a divorce, get as much information as you can now. Make copies of important financial records such as account statements (eg., savings, brokerage, and retirement) and all other data that relates to your marital lifestyle (eg.,checking accounts, charge card statements, tax returns).” DivorceNet (Divorce net published by Nolo, 15 Critical Mistakes in Divorce)
Rhode Island divorce lawyer, David Slepkow represents clients in Rhode Island Family Court in the following types of family law matters: child custody, visitation, child support, divorce, alimony and paternity. In 2018 David Slepkow was voted a top three lawyer in Rhode Island by the Providence Journal Reader’s poll.