- Divorce
- Child SupportOther issues that may come up during a divorce include property distribution, child support, and alimony. A divorce attorney can guide Rhode Island residents through each of these matters. Property distribution is the process of dividing up property rights and obligations between the spouses while they are divorcing. The spouses may agree upon property division in a property settlement, or it could be determined in court. Rhode Island follows an equitable distribution rule, whereby the property acquired while a couple was married is usually subject to a fair division during the divorce.
- Child Custody and VisitationDuring a divorce or even during a marriage, a number of legal issues may arise. Among these is child custody. Physical custody involves where a child lives, and it can be divided between the parents. Legal custody refers to the parents’ capacity to make important life decisions for their child. The court will look at the best interests of the child in these situations. Factors that may be considered when determining their best interests include the wishes of each parent, the child’s reasonable preferences, the relationship of the child to parents and siblings, the moral fitness of each parent, the stability of the child’s home environment, and the physical and mental health of the child and family members.
- GuardianshipGuardianships Guardianships remove someone’s right to make important decisions for themselves. A guardianship is considered an intrusive device, which should be used only if there are no alternatives that adequately otherwise support an individual’s needs....
- Spousal SupportAlimony, maintenance, and/or support are protected from discharge. Divorce decrees and separation agreements are covered by 11 U.S.C. Section 523(a)(15). This section states that these debts are not dischargeable unless...
- Wrongful DeathUnder Rhode Island Code section 31-18-3, Rhode Island pedestrians have the right of way if they are in a crosswalk, even if the traffic control signals are not in operation or in place. Drivers should yield the right of way, but unfortunately, they do not always do that. Drivers may speed, fail to follow traffic signals, fail to yield when required, drive while distracted, or drive while intoxicated. Sometimes a pedestrian accident is fatal because the victim lacks any protection from the force of the vehicle. If you have lost a loved one in a pedestrian accident, you should explore the possibility of bringing a wrongful death claim.
- Assault
- Construction Contracts
- Construction Litigation
- Real Estate TransactionsProperty Transaction Attorney Serving Rhode Island For many people in Rhode Island, a real estate transaction is the most expensive transaction into which they will ever enter. Legal issues may arise from residential closings, commercial closings, title insurance, zoning and variance concerns, and...
- Personal InjuryThere are many reasons why boat accidents may occur. These include machinery failure, boating while intoxicated, negligent boating, negligent boat maintenance, inexperienced operation, excessive speed, and dangerous water or weather conditions. Often, boat accidents involve open motorboats, but sometimes they involve personal watercraft like jet skis. If your injuries resulted from a boater’s negligence, a personal injury attorney in Rhode Island can help you recover damages by establishing the elements of negligence. Rhode Island follows the rule of joint and several liability. This means that when multiple parties are responsible for the same event, they each can be held fully accountable for the damages. Thus, it is wise to bring all potentially responsible parties into the litigation.
- Auto Accidents
- Dog BitesDog Bites Under Rhode Island Statutes section 4-13-16, there may be strict liability for dog owners whose dogs bite other people. The statute permits an injured person to hold a dog’s owner strictly liable for injuries if the dog injures, bites, or assaults...
- Estate PlanningKeep your Privacy Using a lottery trust is the safest way to keep your privacy and thwart scammers and unwanted people contacting or harassing you. Also, it will provide a means of estate planning and protection for your beneficiaries. Lastly, you can use a...
- WillsProbate Contests Will contests, undue influence, will interpretation, or fiduciary negligence can happen in any probate estate. Unfortunately, if you don’t stand up for your rights and act fast you loose the right to contest or appeal the judges...
- TrustsRevocable Trusts A Revocable or Living Trust is one way to avoid Probate. But you will also protect your children and preserve your assets. If your child gets in a car accident or divorce the Trust is bulletproof. Plus, Revocable Trusts are the preferred manner to...
- Power of AttorneyA financial power of attorney is a binding document that permits someone (known as a principal) to transfer financial powers to another person (known as an agent). The agent has the ability to oversee the principal’s real, financial, and personal property. This arrangement can be useful under certain circumstances, such as when a principal becomes incapacitated and unable to manage on their own. The agent serves a critical function in maintaining the principal’s financial affairs. When a financial power of attorney is signed, an agent can spend the principal’s money and make financial decisions on behalf of the principal.
- ProbateProbate Law Probate has become complicated and is generally a 6 month process. We know the rules and process. Our office has handled thousands of probate cases through claims, contests and property distribution. With probate, experience...
- BankruptcyChapter 7 Bankruptcy Chapter 7 bankruptcy gives you a chance to shed debt and get a fresh start. It provides protection against certain debts, such as credit card debts, medical bills, repossessions, personal loans, and other consumer debts. In exchange for getting...
- ForeclosureIf you are mired in debt and receiving constant calls from creditors, you are likely under a great deal of pressure and searching for solutions. Bankruptcy is a tool that may allow you to find relief from financial stress. When it is used appropriately, it can be a strategic maneuver that allows you to regain control of your life. In addition to getting rid of your debt, it can potentially help you stop a foreclosure of your home and save other assets. Rhode Island bankruptcy lawyer Stephen P. Levesque is dedicated to assisting people with finding the light at the end of their financial tunnel. There is life after bankruptcy. Most clients tell Stephen that their credit scores rise over 700 in one year. We help clients during what may be the most stressful period of their lives.
- Debt CollectionIf you do not pass the means test, you may be able to file for Chapter 13 bankruptcy, which is known as reorganization bankruptcy. It is set up for people who earn income but have accumulated more debt than they can pay off. With this type of bankruptcy, an automatic stay of debt collection efforts goes into effect. You will have a fixed monthly debt payment plan based on your income, and you will repay part of your debts through this installment plan for 3-5 years. If you successfully complete the plan, the remainder of your debt is discharged. Our Rhode Island bankruptcy attorney can help you devise a plan that is appropriate for your situation.