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A Practical Guide to Divorce in Rhode Island

A respected divorce practice aid for Rhode Island lawyers

2100345B00
1/23/2017
950 pages in 2 volumes (printed book)
1st Edition 2009, with 2012 & 2016 Supplements
© 2016 MCLE, Inc.
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Product Description

A practical guide in every sense of the term, this book offers a trove of applied law along with tips on divorce issues—both common and complex. The twenty-four chapters in A Practical Guide to Divorce in Rhode Island prepare you for the client interview, arm you with case law for the hearing and trial, and ground you in Rhode Island's practice and procedure, so that you can provide your client with the most up-to-date, relevant, and winning divorce strategies. Under the editorial direction of Deborah Miller Tate, Esq. of McIntyre Tate & Lynch LLP in Providence and Sandra H. Smith, Esq. of Dworkin & Smith, Warwick, MCLE | New England has gathered the techniques, tips, strategies and best practices of some of Rhode Island's most expert authorities on divorce law practice. The step-by-step approach guides you through the potential problems and often-contested issues that you will face with regard to discovery, custody, business valuations, division of assets, alimony—and many more topics. Advocacy, court commentary, seasoned guidance, and special issues related to divorce, such as bankruptcy, cohabitation, postnuptial agreements, adoption—it's all in this newly updated book.

Recent updates:

  • Update: January 2017

    Dear Subscriber:

    Thank you for choosing to keep your copy of A Practical Guide to Divorce in Rhode Island current with this second supplement, 2016. Inside you will find information on such topics as the following:

    • Court personnel and their functions: See chapter 1 for updated Family Court procedures relative to family counseling services, investigators, and mediation.
    • Client interviews: See chapter 2 for practical tips on starting the attorney-client relationship off right, including warnings regarding use of social media.
    • Mediation: See chapter 3 for valuable suggestions for a lawyer working with a divorce client who wishes to pursue private mediation as an avenue toward settlement. Also find a practical definition of BATINA and guidance on how to achieve one for your clients.
    • Discovery: See chapter 6 for commentary on the substantial revisions of Rules 26 through 37. While the 2014 amendments to the rules generally bring Family Court discovery practice in line with Superior Court practice, you need to be aware of significant departures within certain rules.
    • Paternity: Recently, there have been changes in procedure at OCSS. Find out what these changes are in chapter 9.

    We at MCLE | New England trust that you will be pleased with this material, and that you will find it useful in your practice and in your library.

    Cordially,

    Maryanne G. Jensen, Esq., MCLE Director of Publications

  • Update: May 2012

    Dear Subscriber:

    Thank you for choosing to keep your copy of A Practical Guide to Divorce in Rhode Island current with this first supplement 2012. Inside you will find information on such topics as the following:

    • Fee Agreements—See Chapter 2 for discussion of King v. NAIAD Inflatables of Newport, Inc., 11 A.3d 64 (R.I. 2010), a 2011 case that illustrated the importance of a detailed fee agreement.
    • Technology and Social Media's Influence on Client Interviews and Fee Agreements—As lawyers and clients adjust to the ever increasing reality of business in the era of social media and the emergence of Generation Y as a predominant client base, the client interview must lend itself to the new reality. See Chapter 2 for an interesting discussion of this topic.
    • Vesting of Stock Options—The Rhode Island Supreme Court recently found that nonvested stock options are assets subject to division in a divorce. See Chapter 7 for a discussion of the 2011 case, DiPaola v. DiPaola, 16 A.3d 571 (R.I. 2011).
    • Child Support Formula and Guidelines—Pursuant to R.I.G.L. § 15-5-16.2(h), all child support orders must be recorded with the office of child support services that maintains the State Case Registry. See Chapter 9 for discussion of Administrative Order No. 2010-1.
    • Cost-of-Living Adjustment—The COLA changed for any member who was not eligible to retire as of September 30, 2009. See Chapter 13 for discussion of the new law and its requirements.
    • Enforceability of Premarital Agreements in Bankruptcy—See Chapter 19 for discussion of Section 523(a)(15) of 11 U.S.C., which sets forth that a discharge under Section 727 of the Bankruptcy Code does not discharge the individual debtor from any debt to a spouse or former spouse "that is incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record. . . ."

    We at MCLE | New England trust that you will be pleased with this material, and that you will find it useful in your practice and in your library.

    Cordially,

    Maryanne G. Jensen, Esq., MCLE Director of Publications

Table of Contents

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Chapter 1 - The Family Law System (Buy Chapter)
Chapter 2 - Client Interviews and Fee Agreements (Buy Chapter)
Chapter 3 - Mediation and Other Dispute Resolution Services (Buy Chapter)
Chapter 4 - Motion Practice for Temporary Support (Buy Chapter)
Chapter 5 - DR-6A and DR-6B: Trial Memoranda Affidavits (Buy Chapter)
Chapter 6 - Discovery (Buy Chapter)
Chapter 7 - Equity Distribution (Buy Chapter)
Chapter 8 - Alimony (Buy Chapter)
Chapter 9 - Child Support and Paternity (Buy Chapter)
Chapter 10 - Issues Relating to Children (Buy Chapter)
Chapter 11 - Relocation of Children (Buy Chapter)
Chapter 12 - Business Valuations (Buy Chapter)
Chapter 13 - Retirement Assets (Buy Chapter)
Chapter 14 - Selected Evidentiary Issues (Buy Chapter)
Chapter 15 - Family Law in the Age of Technology (Buy Chapter)
Chapter 16 - Family Law and Bankruptcy Law: The Current State of (Dis)Union (Buy Chapter)
Chapter 17 - Marital Agreements (Buy Chapter)
Chapter 18 - Family Court Postjudgment Motions (Buy Chapter)
Chapter 19 - Premarital Agreements (Buy Chapter)
Chapter 20 - Cohabitation Agreements (Buy Chapter)
Chapter 21 - Postnuptial Agreements (Buy Chapter)
Chapter 22 - Guardians Ad Litem (Buy Chapter)
Chapter 23 - Disciplinary Issues and Ethics for Divorce and Family Lawyers (Buy Chapter)
Chapter 24 - Adoption (Buy Chapter)
Chapter 25 - Rhode Island Family Court Appellate Procedure (Buy Chapter)

Editor(s)

Sandra H. Smith, Esq., Sandra H. Smith, Ltd., Warwick

Judicial Commentator(s)

Hon. Haiganush R. Bedrosian, Rhode Island Family Court, Providence
Hon. Stephen J. Capineri, Rhode Island Family Court, Providence
Hon. Laureen D'Ambra, Rhode Island Family Court, Providence
Hon. Debra E. DiSegna, Rhode Island Family Court, Providence
Hon. Michael B. Forte, Rhode Island Family Court, Providence
Hon. Colleen M. Hastings, Rhode Island District Court, Providence
Hon. Jeremiah S. Jeremiah, Jr., Chief Judge, Rhode Island Family Court, Providence
Hon. Raymond E. Shawcross, Rhode Island Family Court, Providence
Hon. Kathleen A. Voccola, Rhode Island Family Court, Providence

Magistrate Commentator(s)

George N. DiMuro, Esq., Magistrate, Rhode Island Family Court, Providence
Armando O. Monaco, II, Esq., Magistrate, Rhode Island Family Court, Providence
John J. O'Brien, Jr., Esq., General Magistrate, Rhode Island Family Court, Providence

Author(s)

William J. Balkun, Law Office of William Balkun, Cranston
Christopher J. Behan, Esq., Law Offices of Christopher J. Behan, Middletown
Hon. Karen Lynch Bernard, Rhode Island Family Court, Providence
Barbara E. Grady, Esq., Dugan Grady Law Offices, Providence
Hon. J. Terence Houlihan, Rhode Island District Court, Providence
Lise M. Iwon, Esq., Laurence & Iwon, Wakefield
Hon. Sandra A. Lanni, Rhode Island Family Court, Providence
Hon. John E. McCann, III, Rhode Island Family Court, Providence
Sharon P. O'Keefe, Esq., Rhode Island Family Court, Providence
Robert D. Oster, Esq., Oster Law Offices, Lincoln
Mitchell S. Riffkin, Esq., Law Offices of Mitchell S. Riffkin, Warwick
Sharon A. Santilli, Esq., Rhode Island Department of Human Services, Office of Child Support Services, Providence
Amy L. Strachman, Esq., Law Office of Amy L. Strachman, Providence
Edythe C. Warren, Esq., Law Office of Edythe C. Warren, Providence

Speaker(s)

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