TABLE OF CONTENTS: [RHODE ISLAND PERSONAL INJURY ARTICLES] [RHODE ISLAND DIVORCE LAW ARTICLES] [ RHODE ISLAND FAMILY LAW ARTICLES] [ RHODE ISLAND CRIMINAL EXPUNGEMENT ARTICLES] [RHODE ISLAND CRIMINAL LAW ARTICLES] [ RHODE ISLAND REAL ESTATE LAW ARTICLES] [RHODE ISLAND CHILD SUPPORT ARTICLES] [RHODE ISLAND RESTRAINING ORDER ARTICLES] [ RHODE ISLAND BUSINESS LAW ARTICLES] [ RHODE ISLAND DUI & BREATHALYZER REFUSAL ARTICLES] [RHODE ISLAND LITIGATION ARTICLES] [ RHODE ISLAND ZONING LAW ARTICLES] [RHODE ISLAND ESTATE PLANNING ARTICLES]   Rhode Island Personal Injury Law Articles:   Personal Injury - Premises Liability - Slip & Fall Accidents In Rhode Island by A RI Lawyer-Attorney In Rhode Island, Premises liability is the area of Personal Injury law, which attempts to hold a real estate owner or the person in possession of real estate liable as a result of an accident causing injuries to a person who was using the property. A premises liability case is a type of personal injury case. The broader term of Premises liability also encompasses "slip and fall" or "trip and fall" personal injury accidents. [April 23, 2008 10:44:28 am] Rhode Island Personal Injury Frequently Asked Questions and Extensive Answers From A RI Attorney This is an extensive list of frequently asked questions as well as detailed answers concerning Rhode Island Personal Injury Claims and car accidents. How do I determine how much money I am entitled to as a result of the accident? [November 09, 2007 10:07:04 am] Rhode Island Personal Injury Law FAQS and Automobile - Car Accidents - by a RI Lawyer - Attorney This article is an overview of the Rhode Island Personal Injury, slip and fall and car accident claims process. This article answers the following questions- How do Rhode Island lawyers charge for personal injury & automobile (auto) accident cases? If I hire a Rhode Island personal injury attorney, how does the process work? My attorney is unable to settle the case with the insurance adjuster, then what happens next? How do I obtain evidence of my personal injury? Will my lawyer keep what I tell him confidential? What type of costs are typically incurred in Rhode Island (RI) personal injury cases. [April 09, 2007 08:55:51 am] Personal Injury - Car - Auto Accidents - Slip & Fall Rhode Island FAQS by a RI Lawyer When I meet my personal injury lawyer for the first time, are there any particular documents I should bring with me? What type of information will the attorney request at the initial consultation concerning my Rhode Island personal injury or automobile accident case? What usually happens at the first consultation? What is necessary to have a valid personal injury case? What exactly is a settlement in a personal injury case? What if I am unhappy with the lawyer who is handling my case? In Rhode Island, do I have the right to obtain a new lawyer? If I obtain a new lawyer who will pay for the legal services rendered by the old attorney? Is it a good idea to wait a period of time before I hire an attorney? What types of cases are typically handled on a contingent fee basis? Am I required to give a recorded statement to the insurance company upon their request? [September 19, 2007 10:31:04 am] Rhode Island RI Personal Injury Law FAQS - Automobile - Car Accident - Damages - Pain & Suffering Rhode Island personal injury law: auto - car - motorcycle accident frequently asked questions with answers written by RI personal injury attorney. The questions and answers include the following: [March 15, 2007 09:21:13 am] If I Need A New Rhode Island Personal Injury Attorney, How Will My Old Lawyer Be Paid? Rhode Island attorney David Slepkow answers the following personal Injury questions. If I am unhappy with the Rhode Island personal injury lawyer who is handling my case, do I have the right to obtain a new attorney? If I obtain a new personal injury lawyer who will pay for the legal services rendered by the old attorney? [November 27, 2007 02:25:35 pm How Do I Get My Personal Property When There Is A No Contact Order Or Restraining Order? This article addresses how to obtain personal belongings (property) such as clothes in Rhode Island (RI) when there is a criminal no contact order / Family Court restraining order or District Court Restraining Order in effect. When a person is arrested or a restraining order enters involving their wife or girlfriend who they reside with, the accused often needs to obtain his or her clothes and personal belongings. Personal belongings usually consists of personal property such as clothes, sneakers, toiletries, uniforms, work uniforms, personal effects etc. There are several proper ways for an accused to obtain his / her personal belongings when there is a no contact order / restraining order in effect: [March 27, 2008 08:22:57 am]   Rhode Island Divorce Law Articles:   Rhode Island Divorce From Soup To Nuts by a RI Attorney This article explains the Rhode Island Divorce process from pre-filing considerations through trial including Rhode Island divorce law strategy. This article was written by a Rhode Island divorce lawyer. [September 27, 2007 02:19:15 pm] Inexpensive Flat Fee Uncontested Divorce Using a RI Family Law Lawyer - No Entanglements, No Problem A simple uncontested divorce is a divorce that a Rhode Island divorce lawyer can typically complete for a relatively inexpensive flat fee. In a RI uncontested divorce, the attorney and the parties must still attend court for a brief hearing. [March 24, 2008 08:09:21 am] Who Gets The Microwave in The Divorce? A Guide to Division of Property in RI Divorce Frequently asked questions and answers written by a Rhode Island divorce attorney concerning equitable division of assets in Rhode Island divorces. This article discusses what is marital property in Rhode Island and what happens to the marital home upon divorce when there are minor children. This article also addresses the definition of "no fault" divorce in Rhode Island. This article also explains how "fault" such as alcoholism, drug addiction or extra marital affairs can effect equitable division of assets. [March 13, 2007 10:24:44 am Uncontested Divorce in Rhode Island (RI) by Family Law Attorney This article by a Rhode Island divorce attorney explores the different types of uncontested divorce in Rhode Island and explains the process of obtaining an uncontested divorce. Uncontested divorces should be much less expensive then contested divorces. This article also explains the residency requirements as well as how to prove residency in Court. [December 19, 2007 04:28:19 pm] "No Fault Divorce" in RI is a Misnomer! Fault May be Important! Cheating - Abuse - Drugs & Divorce "No fault divorce" does not mean that fault is not significant! Fault can be extremely significant in Rhode Island divorce. If a party can prove that the other party is at fault for the breakup of the marriage, then they can seek a disproportionate share of the marital assets. Fault may also be a small factor to determine whether or not a party is entitled to alimony. [November 30, 2007 02:10:03 pm] Rhode Island Divorce- Residency Requirements by a Rhode Island Divorce Attorney-Lawyer What are the residency requirements to obtain a Rhode Island divorce? Is it necessary to prove compliance with the residency requirements at the nominal divorce hearing in order to obtain a divorce? How do I prove residency to get a divorce? [November 15, 2007 04:07:31 pm] Deferred Sale of Marital Home for the Best Intest of the Child - Rhode Island Divorce Law Can the Rhode Island Family Court defer a sale of the marital home for the child/children? If one of the parties requests a deferred sale of the home, then the court must determine whether or not it is economically feasible for the person who is living in the home to pay the mortgage, liens, taxes and insurance on the home until the home is sold. In making that determination the court will look at the income of the resident parent, any alimony the parent receives, child support and other source of income to make those payments. The intent of this law is to prevent foreclosures, uninsured property, and deterioration of the marital home and to protect the parents' equity in the house. R.I.G.L. 15-5-16 This article was written by a Rhode Island divorce and family law attorney. [October 05, 2007 05:33:43 pm] Rhode Island Divorce Process and Strategy From Filing Divorce to Trial - by a RI Family Law Lawyer This article Article adresses Rhode Island Divorce process and strategy from filing for divorce to preparation for trial by a Rhode Island Family law Attorney. This article adresses the difference between a nominal and contested divorce, settlement of divorce, answers, the Nominal Court Hearing, residency requirements, the discovery process and other issues concerning RI Divorce. This is part two of a three part series which explains Rhode Island Divorce from beginning to end. [August 13, 2007 01:30:36 pm] Rhode Island Divorce Law FAQS How Long Until It's Over? Residency Requirements & No Fault Divorce Rhode Island divorce law information written by a Rhode Island divorce lawyer. This article answers the following questions: How long does a Rhode Island divorce take from beginning to end? What does no fault divorce mean? What are the residency requirement to file in Rhode Island? How do I prove my residency at the nominal divorce hearing in order to obtain a divorce? [March 16, 2007 01:53:57 pm] Rhode Island Divorce - "Post Divorce Do's And Dont's" -Family Law & Child Support by a RI Lawyer Rhode Island (RI) post divorce do's and dont's prepared by a Rhode Island family law lawyer, David Slepkow concerning issues of child support modification, contempt and termination. The article also addresses issues concerning modification of child visitation & custody in Rhode Island. The article gives helpful advice about payment of alimony and modification and termination of alimony. The article also contains helpful information concerning modification of the final judgment of divorce based on a substantial change of circumstances and contempt for failure to pay alimony, child support or comply with the terms of the final judgment of divorce. [March 16, 2007 01:47:07 pm] Rhode Island Divorce Strategy From Finding a RI Attorney to Filing for Divorce by a RI lawyer Part 1 of "A practical Guide to The Divorce Process in Rhode Island Family Court." This article is part 1 of a series or articles that takes a person considering divorce through the entire divorce process from beginning stages of finding an attorney to eventually finalizing the divorce with a final judgment of divorce. This articles addresses both contested and uncontested divorces in Rhode Island. Part 1 addresses the initial step of selecting and obtaining a Rhode Island Attorney, drafting the divorce papers and the issues and decisions that must be made in the beginning of the divorce process. This article addresses, motions for temporary support, restraining orders & emergency motions. [March 21, 2007 09:09:29 am] Rhode Island RI Common Law Marriage - Fact Or Fiction Fiction- If I live together with my boyfriend for over seven years then we are automatically common law married. Rhode Island common law marriage "fact or fiction" by a Rhode Island family law and divorce attorney. This article addresses what constitutes a common law marriage in Rhode Island and how to prove or refute a claim of common law marriage. The article focuses on serious intent to enter into a husband wife relationship as well as reputation in the community that two people are in fact married. The following issues are addressed: reputation in the community, holding out to the community as a married couple, tax filing status, cohabitation, health insurance, joint property, use of last name, wedding rings, divorce as well as other financial issues. [March 26, 2007 02:55:49 pm]     Rhode Island Family Law Articles:   Top 8 Arguments That Don't Work in Family Court! The Judges Have Heard it a Million Times Before! These arguments will go in one ear and out the other with most Family Court Judges unless there is some real proof (evidence) supporting the basis of the argument. This article applies to all family law cases including divorce, child custody, paternity cases. [January 27, 2008 09:30:45 am] The Intersection of Family Law and Criminal Law in Rhode Island - Untangling the Web! This article explains in detail the intersection of Divorce, Family law and Criminal Law in Rhode Island. Criminal law cases often involve complex issues concerning divorce, child custody, restraining Orders, visitation, child support, division marital assets etc. This article was written by a Rhode Island criminal and family law attorney. [January 26, 2008 10:04:38 pm]   Rhode Island Criminal Expungement Law Articles:   Erase & Expunge Dismissed Criminal Records In RI - All Criminal Records Are Bad Records! Expunge all criminal dismissals and Not Guilty findings in Rhode Island Criminal law! All dismissals and not Guilty findings in Rhode Island should be expunged! This includes both felony and Criminal Misdemeanor dismissals in RI. All criminal records are bad records!! Expungement is the process in which criminal records are either destroyed or sealed. Essentially an expungement erases criminal records for most purposes.This article explains why you should expunge dismissals and not guilty findings in Rhode Island. [January 07, 2008 09:47:27 am] Erase & Expunge Convictions, Suspended Sentences, Fines, Probation, One year filings, jail sentences,Deferred sentences http://www.slepkowlaw.com/expunge-probation-convictions.htm Rhode Island (RI) has some of the most liberal expungement laws in the United States. If you are eligible for an expungement, why not get those menacing and harmful criminal records erased, sealed or destroyed! If a criminal record is expunged you are legally allowed to tell others that you have no record. This article is an in depth and in detail explanation of Expungement law in RI as of August 2008.   Rhode Island Criminal Law Articles:   Criminal Misdemeanor Law in Rhode Island (RI) - Plea Agreements - Sentencing & What is a Conviction? This article explains pleas and sentencing in Rhode Island (RI) for criminal misdemeanors including explanations of - one year filings, probation, suspended sentences, no contact orders etc. This article also explains what constitutes a conviction under Rhode Island law. This article explains issues concerning domestic violence offenses and violation of restraining orders and no contact orders. This article also delves into how criminal law is often intertwined with family law issues concerning child visitation, divorce and child custody. Rhode Island Family Court, District Court and Superior Court Restraining orders are often very relevant to criminal charges. Do not use this article as a substitute for seeking independent legal advice from a lawyer. [April 08, 2007 06:24:01 pm] Is Nolo Contendere Plea A Conviction In Rhode Island Criminal Law? A Nolo Contendere plea in Rhode Island Criminal Law is sometimes a conviction but is often not a conviction. Whether or not a plea of Nolo Contendere constitutes a conviction depends on the penalty / sentence imposed. Please read this article for an explanation. [November 29, 2007 08:10:02 am] Rhode Island - Criminal No Contact Order Explained By A RI Lawyer In Rhode Island (RI) criminal law, A "no contact order" means that the defendant is precluded from having any contact and or communication with the victim or the person under the protection of the no contact order. This includes but is not limited to letters, emails, text messages or messages delivered through a third party. Please read this article for a detailed explanation of no contact orders and the repercussions for violating no contact orders. [November 20, 2007 08:49:30 am] Rhode Island Probation - A Period of Extreme RISK! If a person receives probation then they will need to abide by the conditions of the probation and agree to keep the peace and be of good behavior. A probationary period is a period of extreme risk! If a person violates his probation by being arrested for a new crime then the person may be held in Jail at the ACI as a probation violator. After ten days a person has the right to a hearing. [November 20, 2007 08:48:38 am] RI Criminal Law - 1 Year Filings for First Offenders - Stay Out of Trouble and Case can be Expunged! A one year filing in Rhode Island criminal law is usually only offered by the prosecutor as a penalty for first time offenders. A filing is a penalty that is typically offered for first time offenders for relatively minor misdemeanors. A filing is the lowest form of penalty available and is always better than probation for an accused. A filing is when the case is put aside for a year and if the person stays out of trouble for a year then the case is eligible to be expunged and destroyed at the end of the year. If a person gets in further trouble then the filing may be violated and the person sentenced again on the filing. Be very careful, if a person gets in further trouble during the year the person can be held at the ACI(Jail) for up to 14 days without a hearing. [November 20, 2007 08:37:16 am]   Rhode Island Real Estate Law Articles:   Title Insurance In Rhode Island - What Does It Insure And Should I Get It? This article concerning Rhode Island Real Estate and Title law was written by a Rhode Island Attorney. A person's home is usually their single biggest financial investment. It is highly prudent and wise that a homeowner would want to protect that investment and enjoy the benefits of ownership. An owner's title policy is that protection. The owner's title policy insures against loss or damages sustained by the owner by reason of historical discrepancies such as forgery, undisclosed but recorded prior mortgages, bankruptcies, liens or divorces, deeds not properly recorded, missing wills or heirs, and inadequate property descriptions. [December 27, 2007 04:41:34 pm] Forced Sale Of Real Estate In RI With Family Member, Business Partner, Significant Others-Partition This article explains how a person who co-owns real estate with another person, persons or entity can force a sale of the property and obtain an equitable share of the proceeds. A person who owns property as joint tenants, tenants in common or has a life estate who no longer wants to own real estate with another person, LLC, trust, partnership or other entity can force a sale of the property in Rhode Island Superior Court. [August 22, 2007 10:26:06 am] Rhode Island (RI) Real Estate Law - Closings And Title Attorneys - Lawyers Rhode Island RI real estate law frequently asked questions concerning title insurance, real estate closings, surveys, appraisals etc. This articles was prepared by a Rhode Island lawyer. [March 15, 2007 10:57:49 am]   Rhode Island Child Support Law Articles:   Child Support Contempt in Rhode Island (RI) by a Family and Divorce Law Attorney This article discusses child support Contempt in Rhode Island in detail including the differences between a finding of technical or willlful contempt. Any person owed child support ( the parent with physical custody of the minor child or children) or who owes child support should carefully read this article. This article discusses in details under what circumstances a person will be sent to jail to compel compliance with child support orders. This article also explains other tools used by Rhode Island judges to compel payment of child support orders. [December 25, 2007 05:48:07 pm] Child Support In Rhode Island -Soup To Nuts! Establishing, Modifying, Enforcing,contempt,terminating This Extensive article about Rhode Island Child Support written by a Rhode Island Attorney explains in detail the following Child Support issues: 1.) Establishing Rhode Island Child Support 2.) Private School and Child Support 3.) College and Child Support 4.) Overtime and Child Support 5) Daycare and Child Support 6.) Modifying Rhode Island Child Support 7.) Terminating Child Support. This article also adresses a myriad of other Rhode Island Child Support issues. This article is a must read for all people who need information concerning Rhode Island Child Support. [November 08, 2007 03:09:30 pm] Child Support Does Not Automatically Terminate In Rhode Island When A Child Turns 18! In Rhode Island (RI) child support does not automatically terminate when a child reaches 18 years old! A motion to terminate child support must be filed or the child support obligation will not stop. This article explains when child support should end in Rhode Island. [September 19, 2007 02:06:32 pm] Private School Education & College Education - RI Child Support FAQS In Rhode Island (RI) Divorce and Child support cases, Can I get the father or mother of my child to be ordered to pay for private school education? Can I get the father or mother of my child to be ordered to pay for college? [August 22, 2007 10:17:36 am] Guide to Calculating Child Support in Rhode Island (RI) Is There A Minimum Amount? Rhode Island Divorce, Family Law and Child Support Attorney,David Slepkow answers the following questions: How is Rhode Island (RI) Child Support determined in divorce cases, paternity cases, child support cases and child visitation cases? Is there a minimum child support guideline in Rhode Island and how is it calculated? Can a judge of the Rhode Island Family Court issue a child support order over the minimum guidelines? Can there be a child support order lower then the minimum guidelines? Are assets, expenses, needs and obligations relevant in RI Child Support determinations? [August 20, 2007 09:27:06 am] Motions to Modify Child Support in Rhode Island-Modification of Child Support by a RI Family Lawyer This article addresses motions to modify child support in Rhode Island (RI). This article explains how child support is modified in Rhode Island and what constitutes a change in circumstances to warrant a modification of child support. Article written By a Rhode Island divorce and family law lawyer. [August 16, 2007 03:29:08 pm] Rhode Island Child Support Law FAQS - Daycare, Overtime, Modification, College, Termination This article answers the following frequently asked questions. 1) What if my child's parent works overtime? Will overtime be included in child support? 2) My child is about to turn 18 but is still in high school and living at home, can I still get child support? 3) Can I get my child's father to be ordered to pay for my child's college education? 4) Who is going to pay for my child's daycare? 5) How do I modify, increase or terminate child support in Rhode Island? [March 13, 2007 01:29:08 pm]     RHODE ISLAND RESTRAINING ORDER ARTICLES:   Where do I Obtain a Restraining Order in Rhode Island? Family, District or Superior Court? The proper Court to file a restraining order in Rhode Island depends on the relationship that you have with the person who you are filing the restraining order against. This article explains the jurisdiction of the Rhode Island (RI) Family, District and Superior Court. This article also explains whether or not there are criminal or civil ramifications of violating certain restraining orders. This article also explains the difference between a restraining order and a no contact order. This article explains the jurisdiction of the Family Court to deal with issues concerning Rhode Island child Support, physical custody of the children and exclusive use of the home. [November 19, 2007 08:07:41 am]     RHODE ISLAND BUSINESS LAW ARTICLES:   Organizing and Operating a Limited Liability Company (LLC) in Rhode Island by a RI Attorney - Lawyer This Article explains the process of organizing and operating a Limited Liabililty Company (LLC) in Rhode Island (RI). This article discuses the benefits of an LLC, including the limited liability of the members of an LLC for the debts of the LLC and the limited liability of the members of the LLC for personal injury and slip and fall claims. This article explains the necessary documents and fees needed by the Rhode Island Secretary of State. This Article was written by a Rhode Island Business and Corporate law attorney. [June 21, 2007 02:43:06 pm] Rhode Island Corporations, Limited Liability Company (LLC), Partnerships, Small Business Law FAQS Rhode Island Business and Corporate law frequently asked questions by a Rhode Island (RI) Attorney concerning corporations, llc's and partnerships. 1) Should I protect my home and personal assets by incorporating my business? 2) What is the difference between a corporation and a limited liability company (LLC) in Rhode Island? 3) What will my lawyer need to know at our first meeting in order for him to incorporate my business? 4) If I incorporate, will I need to do anything each year to keep the corporation in good standing? 5) If I am operating a business with another person, should I form a partnership or incorporate? [June 02, 2007 01:10:16 pm]   RHODE ISLAND DUI & BREATHALYZER REFUSAL:   Rhode Island DUI - DWI Law - Should I Refuse The Breathalyzer? This article explains the law concerning Rhode Island DUI - DWI & refusal to take the Breathalyzer. This article answers the important question: Should you refuse the breathalyzer test in Rhode Island and what are the implications? This article examines whether or not a person should refuse to take a breathalzer test upon request of a police officer in Rhode Island when a person is suspected of drunk driving. This article examines the criminal and legal implications of a refusal and a criminal dui - dwi charge. [March 15, 2007 11:07:47 am]     RHODE ISLAND LITIGATION ARTICLES:   Rhode Island Litigation- Lawsuit FAQS Written By a Rhode Island (RI) Attorney RE- RI LAW Rhode Island litigation-Frequently asked questions and answers written by an experienced Rhode island litigation and personal injury attorney. The following questions are answered in this article- 1) I believe that I have been wronged by another individual or entity, what should I do next? 2) How do I commence a civil lawsuit? 3) What should I do if I am served with a Summons and Complaint? 4) How much will it cost to hire an attorney? 5) How long before the lawsuit will be finished? [March 21, 2007 07:46:59 am]     RHODE ISLAND ELDER LAW ARTICLES:   Rhode Island Elder Law- Protecting Home From Nursing Home Costs- FAQs for Seniors Frequently asked questions answered by a Rhode Island (RI) elder law attorney / lawyer concerning issues important to the elderly and senior citizens such as nursing home costs and liens, living wills, estate planning etc. This article includes answers to the following frequently asked questions: 1) What documents should I have in my estate plan? 2) What is a Living Will? 3) Will the State take my house if I go into a nursing home? 4) What steps should I take to protect the house in case of nursing home costs? 5) Are there any means for me to retain control of my assets while simultaneously protecting them from the reach of nursing homes? 6) What law will govern the strategies and state determinations? [March 20, 2007 09:15:58 am]   RHODE ISLAND ZONING LAW ARTICLES:   Rhode Island Zoning, Planning And Land Use Law FAQS - Building Permits, Additions, In Law, Variance Rhode Island zoning, planning and land use frequently asked questions prepared by a Rhode Island lawyer concerning the following frequently asked questions: Do I need a building permit to construct a small addition to my house or a deck around my above ground swimming pool? My house is in a residential zone. Are there any problems that I need to consider in planning an addition or an accessory structure? I have a single-family house located in a single-family zoning district. My mother-in-law wants to move in with me. Can I add a second kitchen to my house so that she will have the ability to be independent? If I want to build a two-family in a single-family zone or build an office in a residential zone, what do I do? I have extra land that I am not using on the side of my house. Can I sell this land to a builder? [March 16, 2007 02:26:27 pm]     RHODE ISLAND ESTATE PLANNING   Rhode Island Will, Trusts, Estate Planning and Probate Law - FAQS by an Experienced RI Attorney Rhode Island Will, Trusts and Probate law-Frequently Asked Questions prepared by a Rhode Island attorney. This article answers the following questions? Do I need a Will? What is intestate? Can I avoid probate if I have a will? If I die with minor children, who will handle my money for them? Can I appoint the same person as executor, trustee and guardian? How can I avoid the probate process? What is a trust? What other benefits are there for creating a trust? 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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.

Under what circumstances should a prenuptial agreement be considered in Rhode Island (RI)?

Premarital agreements are not right for every couple! Prenuptial agreements are most prevalent in second marriages. They are especially prevalent in first or second marriages when one or both of the parties have children of a prior marriage or relationship. They are also prevalent when a future spouse has a child or children from a prior relationship.

This article only pertains to prenuptial agreement drafted in Rhode Island or that will be interpreted by Rhode Island law.

If you have any questions please call Rhode Island Divorce Lawyer, David Slepkow at 401-437-1100 or visit his website at www.slepkowlaw.com

For a list of 50 legal articles written by David Slepkow concerning Rhode Island law please visit www.slepkowlaw.com/ri-law.htm

Is there any difference between a prenuptial and a premarital agreement?

Premarital agreement, antenuptial agreement and prenuptial agreement are all different terms for the same document and are used interchangeably.

Preserving assets for children.

When a person has a child from a different relationship and is considering a marriage, he / she often wants to insure that his / her child will inherit hard earned assets. A person wants to insure that their assets will go to their children rather than their new spouse or the new spouses' children.

Many parents fear that their hard earned assets that were acquired before the marriage will go to their new spouse or his / her children upon divorce or death rather then their own child.

Estate planning can be a crucial element of a good prenuptial agreement!

Without protection through estate planning, will, trust or a prenuptial agreement, a substantial portion of your separate assets may go to your new spouse upon divorce or upon your death. Estate planning can also be a very important element in premarital agreements. I strongly advise that you retain a Rhode Island (RI) Divorce and Family law attorney / lawyer to draft or represent you concerning the execution of the premarital agreement.

Prenuptial agreements are often entered into when either husband or wife has acquired significant premarital "separate" property / assets. In many cases, one of the spouses will have a more substantial estate then the other spouse.

Be careful! The suggestion of a Prenuptial can be an emotionally charged issue!

Tread very carefully when suggesting a premarital agreement with your future spouse especially in a first marriage!

Often, your future husband / wife will be very upset with the suggestion that they should sign a premarital agreement. This is a very delicate subject. It could potentially imperil the entire relationship. Some people feel that premarital agreements run contrary to the marriage covenant. Others are against prenuptials because they believe that in essence, it is planning for divorce when marriage is ideally forever.

Negotiate the prenuptial well in advance of the wedding!

It is a very bad idea to suggest a prenuptial at the last minute. You should propose the prenuptial well in advance of the wedding. The last thing you want to do is negotiate a complex contract a week or two before the wedding. It can be unseemly to be contacting a lawyer / attorney right before the wedding and can put unfair pressure on your spouse.

What are standard provisions put into a simple prenuptial agreement?

The most standard prenuptial agreements simply protect a person's separate premarital property. In many instances the parties waive all right title and interest to the premarital property of the other party. The prenuptial agreement should also address issues concerning the appreciation in value of premarital property during the course of the marriage. The prenuptial should address additions to the premarital property after the wedding. The prenuptial should also address when premarital property is used to purchase other property during the course of the marriage.

The most simple, prenuptial agreements simply state that all property that the parties owned prior to the marriage would be their separate property free and clear of all claims of the other party. In this scenario any property acquired after the marriage would be marital property subject to equitable distribution. This type of prenuptial should also address the issue of the increase in value of premarital property.

Some prenuptial agreements go even farther and state that property acquired in an individuals name during the course of the marriage would be separate property that the other party would have no rights to upon divorce or death. The enforceability of such a provision is tenous at best.

Prenuptial agreements can essentially state any provisions that the parties desire and the law allows.

What are the most important elements of a good antenuptial agreement?

The most important facet of a good premarital agreement is clarity. The second must important facet of a prenuptial is complete and full disclosure.

Both parties must disclose all assets and liabilities.

If the parties have not disclosed material and substantial assets and liabilities, the prenuptial may not be enforceable. Husband and wife should attach a financial statement as an exhibit to the prenuptial. If the parties do not properly disclose their assets and liabilities, then it is questionable whether the parties agreed to anything because they do not know what they were agreeing to.

Are both the prospective wife and husband required to get an attorney / lawyer?

No. The parties are not required to have an attorney / lawyer to review the prenuptial in Rhode Island(RI). Prenuptial agreements are still valid and enforceable even if one of the parties had an attorney draft the agreement and the other party did not have a lawyer review the agreement.

Defining Separate Property:

The parties need to define what constitutes separate property and whether separate property includes additions, increase in value (appreciation) of separate property. The parties need to address the reinvestment of the separate property into another asset during the course of the marriage.

Retirement Accounts, 401k, 403(b), pensions

You may consider a provision concerning 401k, 403(b) , Stock Options, Pensions, Retirement Accounts as well as the increase in value, additions and or reinvestments of such retirement accounts after the marriage. In order to waive marital rights to certain retirement accounts you may need a provision under IRS guidelines agreeing that your spouse will sign appropriate forms to waive or relinquish spousal benefits.

Waiver of Alimony

Some premarital agreements require one or both spouses to waive their rights to alimony or temporary alimony. This can be a crucial portion of a prenuptial agreement. This is often also the most contentious area of negotiations.

Real estate

Some premarital agreements address issues concerning Real Estate especially separate real estate of the parties. You want to discuss with your lawyer whether or not your spouse will be agreeing to waive their right to elect against the will of the other upon death and waive the statutory life estate. This is very important in Rhode Island. You may want to consider putting the real estate in trust. This is all very complicated and should not be done without an attorney

Jointly Held - Marital property.

You need to consider whether you want the agreement to include how marital property will be divided upon divorce. Some people agree that all marital property will be divided 50/50 upon divorce or separation. Other agreements are silent on this issue.

Choice of Law:

The parties should state under which law the prenuptial agreement should be interpreted. If the parties reside in Rhode Island then they should have Rhode Island law apply in the future.

Debt

Will each party be responsible for separate premarital debt. Who will be responsible for joint premarital debt? Will the parties agree to split joint marital debt 50-50? Who will pay individual / sole debt incurred during the marriage?

Life Insurance

Is either party agreeing to maintain a life insurance policy for the benefit of the other spouse? This is often done as a way to make sure the spouse will collect upon death even if the person's estate plan otherwise excludes the spouse. Will the life insurance be required to be maintained after the divorce or separation?

Gifts

Who will get to keep gifts between the parties? What will happen to joint gifts or gifts given to one person but not the other. Who will get the engagement ring, wedding band, jewelry, art etc?

Severability clause

Most good premarital agreements contain a severability clause such as the one set forth here: "SEVERABILITY. If any provision of this Agreement is held to be invalid or unenforceable by a Court of competent jurisdiction, this Agreement shall be construed as if such illegal, invalid or void provision were not a part hereof and the validity of the remaining provisions shall be unaffected thereby."

Legal fees upon divorce. Will either party be required to pay the others legal fees as part of the divorce?

Some prenuptial agreements address the issue of legal fees in a potential divorce.

Acknowledgments of counsel or the opportunity to retain a lawyer and acknowledgment that agreement is freely and voluntarily entered into.

It is important that the parties acknowledge that they carefully read the agreement, that they signed it freely and voluntarily and that they believe that the agreement is fair and equitable to them.

Many agreements contain a paragraph similar to this: ACKNOWLEDGMENT. The parties have, during a series of conferences between themselves, mutually agreed upon the arrangements set forth herein. Each party hereto declares that he or she has had the opportunity to seek independent legal advice by counsel of his or her own selection and that each is satisfied as to this agreement's fairness. The wife has retained Attorney X to represent her. The provisions of this Agreement and their legal effect have been fully explained to the parties and each party acknowledges that he and she believes the Agreement is fair and equitable, and is freely and voluntarily entered into.

Integration and modification provision.

It is crucial that there are no side agreements or verbal agreements outside of the four corners of the documents. An integration clause is an important facet of a prenuptial agreement.

Cooperation provision

A Cooperation provision is essential to a good antenuptial agreement.

"COOPERATION. The parties hereto shall at any time, and from time to time, execute and deliver all such deeds and other documents as may be necessary, and do all such things as the other of them, his or her heirs, executors or administrators shall reasonably require for the purpose of giving full effect to this Agreement. Each of the parties hereto shall release and quitclaim unto the other, or to such others as he or she respectively may request, all of his or her rights of curtesy or of dower. It is the intention of this clause to permit and empower each of the parties hereto to deal with his or her own separate property now owned or hereafter acquired, in all respects, except as limited by this Agreement, as if each party hereto were single."

Disclosure Provision

"DISCLOSURE. Each of the parties has made a full disclosure to the other of all property, assets and liabilities owned or otherwise held by each respective party, as listed in Exhibits "A," "B," "C," and "D" attached hereto. The parties hereby acknowledge that they are aware that in the future the financial circumstances of either or both of them may be altered in some way, whether substantially, directly, indirectly or otherwise."

Notary and Attestation of Counsel.

The agreement must be signed in front of a notary and if the parties both have attorneys they may want to include an attestation of counsel paragraph that both lawyers sign.

Article by David Slepkow 401-437-1100

David Slepkow is a Rhode Island lawyer concentrating in divorce, family law, restraining orders, child support, personal injury law, child custody and visitation. David has been practicing for over 10 years and is licensed in Rhode Island, Massachusetts and Federal Court. Free initial consultations. You can contact attorney David Slepkow by going to http://www.slepkowlaw.com or by calling him at 401-437-1100. Also please visit: Rhode Island Law Articles Article Source: http://EzineArticles.com/?expert=David_Slepkow

 

Contact Information:
Slepkow Slepkow & Associates Inc.

1481 Wampanoag Trail East Providence RI 02915

Contact Person:
Rhode Island Divorce lawyer, David Slepkow
Attorney
Phone: 401-437-1100
email: email

Web: www.slepkowlaw.com

---

 

Author:
David Slepkow
e-mail
Web: www.slepkowlaw.com
Phone: 401-437-1100

David Slepkow- Rhode Island Divorce & Personal Injury Lawyer

You can Contact David Slepkow at 401-437-1100

Rhode Island divorce, family law, criminal, child support, litigation and personal injury law lawyer, David Slepkow has been practicing law for ten years. You can contact Rhode Island attorney David Slepkow at 401-437-1100 for a free initial consultation. http://www.slepkowlaw.com

David Slepkow is a lawyer and partner at Slepkow Slepkow & Associates, Inc. in East Providence, Rhode Island. Slepkow Slepkow & Associates, Inc. was established in 1932 and is currently celebrating its 75th anniversary!

Attorney, David Slepkow is a member of the Rhode Island (RI) and Massachusetts (MA) Bar Association and the Bar for the Federal Court First Circuit, District of Rhode Island.

David offers free initial consultations and accepts all major credit cards. If necessary, David can arrange weekend and evening consults. David never charges any fee for personal injury case, automobile / auto / car accidents and slip & fall cases unless sucessful.

David Slepkow is a member of the Family Law Inns of Court and the Rhode Island Trial Lawyers Association.

He Practices in the following areas of law: divorce, family law, child custody, child support, visitation, out of state family law matters, adoptions, paternity, evictions, landlord tenant matters, criminal law, restraining orders, no contact orders and domestic violence law. David also practices, personal injury, slip and fall, serious accidents, motorcycle accidents, premises liability as well as Superior Court Litigation. David Slepkow handles dui / dwi / drunk driving charges and breathalyzer refusal cases.

Even if David can not help you with your problem he will be happy to refer you to another attorney. You can also visit David's website for answers to frequently asked questions or to obtain more information. David is always willing to answer questions on the phone.

http://www.slepkowlaw.com/ri-law.htm

http://www.slepkowlaw.com/rhode-island-law.htm

http://www.slepkowlaw.com/ri-government-courts.htm

http://www.slepkowlaw.com/ma-law-and-government-links.htm

http://www.slepkowlaw.com/east-providence-links.htm

http://www.slepkowlaw.com/law-government-links.htm

http://www.slepkowlaw.com/divorce-custody-family.htm

http://www.slepkowlaw.com/child-support.htm

http://www.slepkowlaw.com/real-estate-law.htm

http://www.slepkowlaw.com/estate-planning-elder.htm

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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 / attorney as an expert or specialist in any field of practice.

 

In Rhode Island most buy and sell agreements (purchase and sales agreements) for single-family homes are on a form prepared by the Rhode Island Association of Realtors. The Purchase and Sales Agreement is a very important legal document that typically sets forth the sales price, time, date and place of the residential real estate closing, contingencies based on financing, as well as many other provisions.

You may attempt to negotiate modifications to this agreement and are not obligated to sign the standard form. Prior to signing the Purchase and Sales Agreement, the buyer should contact a Rhode Island lawyer / attorney who specializes in real estate law, residential real estate closings and title law.

This agreement was drafted with the intent to be fair to both buyers and sellers of residential real estate; however, the buyer should not sign this agreement without paying careful attention to all of the provisions including the following provisions:

1. The agreement provides for a certain number of days within which buyer must apply for his/her mortgage. Pursuant to the terms of the standard Rhode Island Purchase and Sales Agreement, if the buyer fails to apply for the mortgage, his deposit will be forfeited. Please make certain that you allow enough days for this application to be made.

2. The agreement provides that if the buyer applies for a mortgage greater than the amount set forth in the Purchase and Sales Agreement, buyer will have no right to obtain a return of his deposit if his mortgage application is denied. Buyer should be certain that the amount filled in for his proposed mortgage is in fact the highest amount that he intends to apply for.

3. The agreement provides that the buyer must accept the property with any easements or restrictions of record that impact the property. The buyer should read the Rhode Island Real Estate Sales Disclosure Form prior to signing the Purchase and Sales Agreement. Rhode Island Law requires that the seller of residential real estate in RI notify the buyer of any restrictions or easements. Buyer should check the disclosure form and if the seller indicates that there are restrictions or easements, buyer should read them prior to signing the Purchase and Sales Agreement. If the buyer does not understand the legal implications of the restriction or easement, then they should contact their real estate attorney.

4. Buyer's right to a return of their deposit in the event they are not satisfied with house inspections, such as physical/mechanical, pest infestation and septic system, depends on the inspector finding a substantial / materially deficient condition which has not been disclosed to the buyer prior to the execution of the Purchase and Sales Agreement. This means that the buyer should carefully read the Real Estate Disclosure supplied by the seller prior to signing the Purchase and Sales Agreement to make certain that seller has not disclosed existing deficient conditions on the property in this form. If deficient conditions have been disclosed, the Purchase and Sales Agreement should be amended to indicate that buyer may terminate the agreement based upon these deficient conditions

Matthew Slepkow is a Rhode Island attorney who concentrates in Real Estate law including residential and commercial closings and title law. Mathew is a Partner at Slepkow Slepkow & Associates, Inc. which is one of the largest residential real estate and title law firms in the State of Rhode Island and has performed over 40,000 real estate closings. Matthew also has substantial experience in Probate Law, Wills, Trusts, Estate Planning, Elder Law, Business / Corporate law and the general practice of law. Mathew is a Professor at Roger Williams Law School teaching Real Estate Transactions. Matthew has a particular expertise in legal issues concerning the Elderly and Senior Citizens in Rhode Island (RI). Particularly, Matt is experienced and is knowledgeable in helping the elderly with Estate Planning and helping them protect their home from nursing home liens. You can contact Mathew Slepkow at http://www.slepkowlaw.com or by calling him at 401-437-1100. Article Source: http://EzineArticles.com/?expert=Matthew_Slepkow   also please see http://www.slepkowlaw.com/divorce.htm and

Expungement in Rhode Island (RI)! What Criminal Records Can Be Erased? Unraveling the Myth!

By: David Slepkow http://www.slepkowlaw.com , http://www.slepkowlawcom/refusal.htm

Article ID: 862043

Article Submitted: August 24, 2008

Category: Legal :: Criminal Law

Article Word Count: 1321

Everything you need to know about Expungements in Rhode Island by a RI Lawyer! Background Information Rhode Island (RI) has some of the most liberal expungement laws in the United States. If you are eligible for an expungement, why not get those menacing and harmful criminal records erased, sealed or destroyed! If a criminal record is expunged you are legally allowed to tell others that you have no record. This article is an in depth and in detail explanation of Expungement law in RI as of August 2008. Expungement law and policy is in a state of flux. The legislature is attempting to make expungement policy even more liberal, while the governor is trying to make it more difficult to expunge records. Even the Supreme Court of Rhode Island (RI) has recently weighed in on expungment matters. These three branches of government are in disagreement concerning expungement policy. In order to get a Criminal record expunged in Rhode Island, a motion must be filed and a Court hearing is required. You should contact a Rhode Island Criminal Law Expungement Attorney / Lawyer. Expungement of Dismissed records The general rule is that dismissed criminal charges (48a) can always be expunged. Many people don't realize that records of alleged crimes that are dismissed should be expunged / erased. Even though the case was dismissed, there is still an indication on the Rhode Island criminal computer records and on your Bureau of Criminal Identification (BCI) report that you were charged with the criminal offense. The public can easily view the dismissed records and other rhode Island criminal records at http://courtconnect.courts.state.ri.us/ Many people will assume that you did something wrong even if the case was dismissed. Some people will assume that you just "got off on a technicality" or that you are a bad character by the very fact that you were charged. Are there dismissed charges that cannot be expunged immediately? A dismissed charge may not be able to be expunged if the related charges cannot be expunged. For example, if you were charged with three offenses related to the same incident and 2 were dismissed but the third you recieved a sentence of probation. You would have to wait until the probation charge could be expunged until the other dismissed charges could also be expunged. The reason for this is because you cannot destroy portions of a file! I believe the primary reason for this rule is because it is logistically impossible to expunge a charge when there are other records in a related incident that cannot be expunged. For example, John was charged with domestic assault, failure to relinquish telephone and disordely conduct arising out of a domestic dispute with his wife related to their pending divorce. John recieved probation on the disorderly conduct. The assault and failure to relinquish phone charges were dismissed. John would not be allowed to expunge the two dismissed charges and would need to wait five years after completion of the probation to dismiss all the charges. Expungement of Not Guilty findings. The general rule is that not guilty findings after trial by a judge or jury can be expunged. However, if the not guilty finding relates out of the same incident for another charge which cannot be expunged then the not guilty finding cannot be expunged. Pursuant to Rhode Island Law the following types of cases can always be expunged: Dismissals, No information, Not Guilty. Expungement of one year filings A filing is a penalty that is typically offered for first time offenders for relatively minor misdemeanors. A filing is the lowest form of penalty available and is always better than probation for an accused. A filing is when the case is put aside for a year and if the person stays out of trouble for a year then the case is eligible to be expunged and destroyed at the end of the year. If a person gets in further trouble during the filing period then the person may be "violated" and the person sentenced again for violating the filing. A person must be very careful to stay out of trouble during the filing period. If the person is charged with a new crime, the person will be brought before the Court as a violater as well as charged with a new crime. At the initial arraignment, a person with a filing can be held for 10 days without a hearing. If the person takes a plea deal on the violation of the filing or probation and a plea agreemeent on the new charge then neither of the charges can be exunged. If a person is not violated during the filing period then a filing can be expunged even if there are other offenses after the filing. Be careful, do not forget to have your filing expunged at the end of the year! It is not automatic. A certified copy of the expungement order must also be sent to the Rhode Island Attorney General 's office, the Rhode Island State Police and the local police department that pursued the criminal charge. Remember, Under RI Criminal Law, A plea of nolo contendere with a filing and no fine is never a conviction. Expungement or convictions, suspended sentences, deferred sentences, jail sentences or probation A misdemeanor or felony conviction is any sentence with a fine, suspended sentence or period of incarceration. Even though probation or a deferred sentence do not constitute convictions under Rhode Island Law they are treated the same way as convictions for expungement purposes. A misdemeanor case with the following sentence can be expunged five years after the completion of the sentence or probationary period: probation, suspended sentence, deferred sentence, stayed sentence, fine, jail. A felony conviction, supended sentence or probation / deferred sentence can be expunged ten years after the completion of the sentence or probationary period. Under the current state of Rhode Island law you cannot have any conviction, suspended sentence , fine or probation expunged if you have another conviction, suspended sentence , fine or probation on your record. Expungement of felony deferred sentences Pursuant to a recent supreme Court case, deferred sentences are treated the same way as convictions for expungement purposes. If a person receives a 5 year deferred sentence on a felony charge, the person is not eligible to have the charge expunged until 10 years after the deferred sentence has concluded. This new rule is very unfair becuase judges and attorneys have been advising defendants that after a 5 year deferred sentence that they would be able to get the record expunged. Now the Supreme Court is pulling the rug out from underneath people who were promised that their deferred sentence could be expunged when they finished their sentence. Please note that the Rhode Island legislature was recently attempting to make it easier to expunge deferred sentences but this legislation was recently veteod by the governor. Crimes of Violence Certain crimes of violence can never be expunged and R.I.G.L § 12-1.3-1. states: "Crime of violence" includes murder, manslaughter, first degree arson, kidnapping with intent to extort, robbery, larceny from the person, first degree sexual assault, second degree sexual assault, first and second degree child molestation, assault with intent to murder, assault with intent to rob, assault with intent to commit first degree sexual assault, burglary, and entering a dwelling house with intent to commit murder, robbery, sexual assault, or larceny. Noticeable absent from the definition of crimes of violence is "assault." It could be argued that assault is not a crime of violence as it relates to expungement. If the legislature intended that assault could not be expunged they would have included it in the list. 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. David Slepkow is a Rhode Island lawyer concentrating in Criminal law, Expungements, Divorce, family law, Personal Injury, Automobile Accidents, dui / dwi / breathalyzer refusal , Child Support, Custody and Visitation. David has been practicing for over 9 years and is licensed in Rhode Island (RI), Massachusetts (MA) and Federal Court. You can contact David Slepkow by calling 401-437-1100 or by visiting http://www.slepkowlaw.com Also, please visit http://www.slepkowlaw.com/refusal.htm for criminal law information. For a list of links of approximately 50 Rhode Island Law articles written by David Slepkow please visit http://www.slepkowlaw.com/ri-law.htm Article Source: http://EzineArticles.com/?expert=David_Slepkow

 

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http://www.slepkowlaw.com/child-support-articles.htm

http://www.slepkowlaw.com/child-visitation-articles.htm

http://www.slepkowlaw.com/ri-criminal.htm

http://www.slepkowlaw.com/divorce-articles.htm

http://www.slepkowlaw.com/dui-dwi-articles.htm

http://www.slepkowlaw.com/elder-law-articles.htm

http://www.slepkowlaw.com/estate-planning-articles.htm

http://www.slepkowlaw.com/eviction-articles.htm

http://www.slepkowlaw.com/expungement-articles.htm

http://www.slepkowlaw.com/general-family-law-articles.htm

http://www.slepkowlaw.com/lawyer-attorney-articles.htm

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http://www.slepkowlaw.com/post-divorce-articles.htm

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http://www.slepkowlaw.com/restraining-order-articles.htm

http://www.slepkowlaw.com/slip-fall-articles.htm

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http://www.slepkowlaw.com/ri-government-courts.htm

http://www.slepkowlaw.com/ma-law-and-government-links.htm

http://www.slepkowlaw.com/east-providence-links.htm

http://www.slepkowlaw.com/law-government-links.htm

http://www.slepkowlaw.com/divorce-custody-family.htm

http://www.slepkowlaw.com/child-support.htm

http://www.slepkowlaw.com/real-estate-law.htm

http://www.slepkowlaw.com/real-estate-law.htm

http://www.slepkowlaw.com/estate-planning-elder.htm

http://www.slepkowlaw.com/personal-injury-car.htm

http://www.slepkowlaw.com/lawyer-attorney.htm

http://www.slepkowlaw.com/faqs-automobile-motorcycle-accidents.htm

http://www.slepkowlaw.com/personal-injury-premises-liability-faqs.htm

 

Prenuptial agreements are extremely enforceable in Rhode Island (RI). A prenuptial agreement is also commonly called a Premarital Agreement or an Antenuptial agreement. A prenuptial agreement should be drafted by a Rhode Island Family Law and Divorce attorney / lawyer. Prenuptial agreements are also intercheangeably referred to as premarital agreements and antenuptial agreements. The Rhode Island supreme Court has made prenuptial agreements extremely difficult to set aside

Prenuptial Agreements in Rhode Island by Rhode Island Family Law Lawyer, David Slepkow.

Prenuptial agreements are extremely enforceable in Rhode Island (RI). A Prenuptial agreement is also commonly called a Premarital Agreement or an Antenuptial agreement. A Prenuptial agreement should be drafted by a Rhode Island Family Law and Divorce attorney / lawyer.

The Rhode Island supreme Court has made prenuptial agreements extremely difficult to set aside!

Rhode Island General Law 15-17-6 and Marsocci v Marsocci, 911 A.2d 690 (R.I. 2006) create a heavy burden on a person seeking to invalidate a prenuptial agreement in Rhode Island.

The seminal case in Rhode Island concerning prenuptial agreements is Marsocci v. Marsocci, 911 A.2d 690 (RI 2006) In Marsocci, the Court stated "In Rhode Island, the enforceability of a premarital agreement is governed by the Uniform Premarital Agreement Act as codified in § 15-17-6. Section 15-17-6 states:

<b>(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:

(1) That party did not execute the agreement voluntarily; and

(2) The agreement was unconscionable when it was executed and, before execution of the agreement, that party:

(i) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;

(ii) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and

(iii) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

(b) The burden of proof as to each of the elements required in order to have a premarital agreement held to be unenforceable shall be on the party seeking to have the agreement declared unenforceable and must be proven by clear and convincing evidence.

(c) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.

(d) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law." <b>

In Marsocci, the Rhode Island Supreme Court reasoned "We have noted that when the Legislature enacted the provisions of § 15-17-6, it clearly evidenced the intent to preserve the validity of such agreements [and] * * * [maintain] the integrity of such agreements." Id. at 696. Citing Penhallow v. Penhallow, 649 A.2d 1016, 1021 (R.I. 1994).

The Marsocci Court further opined "To that end, the Legislature placed a significant burden upon the party seeking to render the agreement unenforceable - that party must prove all of the elements in §§ 15-17-6(a)(1) and (2), and must do so by clear and convincing evidence."
"We are satisfied that § 15-17-6(b) unambiguously provides that: '[t]he burden of proof as to each of the elements required in order to have a premarital agreement held to be unenforceable shall be on the party seeking to have the agreement declared unenforceable' * * *."

In Marsocci, the husband David and the wife Debra were married on August 26, 1995. The parties signed a prenuptial agreement four days prior to the wedding. Both parties signed the agreement, and it was witnessed. "The trial justice found that each asset David Listed was unaccompanied by a dollar value; nor was there a written waiver of Debra's right to disclosure of the value of her husband's property and his financial obligations."

In Marsocci, the trial judge stated "There is no information contained in this agreement as to the values of any of Mr. Marsocci's assets." The trial judge found that Debra " has nothing and agrees to end up with nothing after her marriage..." The husband, David, was represented by counsel and the wife Debra did not have an attorney representing her.

The Court upheld the validity of the prenuptial agreement holding that Debra did not prove all of the elements of the Premarital Agreement Act by clear and convincing evidence.

<br>If a person signs a prenuptial without a lawyer is it enforceable?<br>

Yes. It may be preferable for a person to have a lawyer but it is far from required to make the premarital agreement enforceable.

David Slepkow is a Rhode Island lawyer concentrating in divorce, family law, restraining orders, child support, custody and visitation. David Slepkow has been practicing for over 9 years and is licensed in Rhode Island , Massachusetts and Federal Court. Free initial consultations. Credit Cards Accepted. You can contact attorney David Slepkow by going to <a target="_new" href="http://www.slepkowlaw.com">http://www.slepkowlaw.com</a> or by calling him at 401-437-1100.

Also please visit: http://www.slepkowlaw.com/divorce.htm (Information and Links Concerning East Providence RI Attorney David Slepkow and Rhode Island Divorce, Child Support and Family Law)

Also please visit: http://www.slepkowlaw.com/support.htm (Rhode Island Child Support law information)

 

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http://www.slepkowlaw.com/ri-government-courts.htm

http://www.slepkowlaw.com/ma-law-and-government-links.htm

http://www.slepkowlaw.com/east-providence-links.htm

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http://www.slepkowlaw.com/real-estate-law.htm

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http://www.slepkowlaw.com/faqs-automobile-motorcycle-accidents.htm

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Approved Articles by Attorneys Rhode Island (RI) Litigation Obtaining a New Lawyer Personal Injury FAQS Answered More FAQS - Pain & Suffering, Damages Post Divorce Do's and Don'ts Partition - Forced Sale of Real Estate Residential Closings and Title Attorneys Should I Get Title Insurance? Where Do I Obtain a Restraining Order How to Prove a Slip and Fall Negligence Case Building Permits, Additions, Variances & FAQS Law Information RI Law / Government / Courts Info & Links MA law / Government / Courts Info & Links East Providence Law and Municipal Info & Links National Law and Government Links Divorce, Custody and Family Law Info Center Child Support Law Info Center Real Estate Law Information Center Estate planning and Elder Law Information Center Personal Injury Law and Car accident Information Center United States Lawyer / Attorney links	Welcome to the website of the Rhode Island law firm, Slepkow, Slepkow & Associates, Inc. Please call us with any Rhode Island Legal Questions 401-437-1100 Slepkow, Slepkow & Associates is a Rhode Island (RI) law firm with six lawyers covering a full array of practice areas, including real estate law, divorce & family law, personal injury, estate planning, elder law, probate law and business law. We pride ourselves in the fact that we are the largest law firm in the East Bay of Rhode Island concentrating in real estate law. Slepkow has been a household name associated with quality legal work for over 75 years. Frank Slepkow founded the firm in 1932 when he opened his practice over King's Drug Store in Riverside Square to serve the growing suburban area of East Providence. The firm began to grow as his two sons, Martin and Milton, joined the firm in 1967 and 1972, respectively. Now we have transitioned into the third generation with each of Martin and Milton's sons joining the practice: David Slepkow in 1997; Matthew Slepkow in 1997; and Joshua Slepkow in 2006. Along with Attorneys Bruce Cox and Anthony Marrocco, the third generation of Slepkow's are poised and well equipped to continue the tradition of legal excellence into the 21st century. The firm's real estate practice is not limited to residential and commercial closings and title searches, but includes zoning, land use planning, land ownership, title disputes, real estate litigation, landlord/tenant law and other real estate legal issues Our personal injury and automobile accident practice goes well beyond the standard auto accident. We aggressively settle or litigate slip and fall, dog bites, bicycle accidents, insurance disputes, premises liability, motorcycle accidents and other negligence cases. Our divorce and family law practice helps clients with complex issues concerning family court matters such as child support, custody, visitation, post divorce issues, contempt, out of state family law issues, criminal law matters related to domestic relations, as well as alimony and restraining orders. We maintain an active elder law practice which includes wills, trusts, Medicaid issues, nursing home payments, and probate court appearances. Our attorneys also have substantial experience in business and corporate law ranging from organizing an LLC, corporation or partnership to litigating a contract or commercial dispute. We hope you enjoy our website and we look forward to the opportunity to serve you. http://www.slepkowlaw.com/ri-law.htm http://www.slepkowlaw.com/rhode-island-law.htm http://www.slepkowlaw.com/ri-government-courts.htm http://www.slepkowlaw.com/ma-law-and-government-links.htm http://www.slepkowlaw.com/east-providence-links.htm http://www.slepkowlaw.com/law-government-links.htm http://www.slepkowlaw.com/divorce-custody-family.htm http://www.slepkowlaw.com/child-support.htm http://www.slepkowlaw.com/real-estate-law.htm http://www.slepkowlaw.com/estate-planning-elder.htm http://www.slepkowlaw.com/personal-injury-car.htm http://www.slepkowlaw.com/lawyer-attorney.htm	Martin Slepkow Matthew Slepkow David Slepkow Bruce Cox Anthony Marrocco Joshua S. Slepkow Milton Slepkow (of Counsel)
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Personal Injury Practice- Slepkow Slepkow & Associates, Inc.-Rhode Island Personal Injury Lawyers

Slepkow, Slepkow & Associates http://www.slepkowlaw.com is committed to representing clients concerning their personal injury, auto accident, slip and fall claims in Rhode Island (RI) and Massachusetts (MA). We will represent you through the entire process from submitting the claim to the insurance company and helping you to obtain full value for your automobile, to settling your claim and, if necessary, filing a lawsuit on your behalf. We do everything in our power to help you get the best settlement possible to compensate you for your injuries. As with all of our practice areas, an attorney, not a paralegal, will guide you through the personal injury settlement process and the potential lawsuit. We offer contingent fee arrangements where no legal fee is collected unless we are successful in obtaining a legal settlement or judgment for you. We settle and aggressively litigate the following types of personal injury matters:

• automobile (car/auto) accidents
• motorcycle and truck accidents
• dog bite injuries
• slip and fall
• insured motorists
• uninsured motorists
• accidental deaths
• hit and run
• property damage claims
• pain and suffering
• lost wages
• bicycle accidents
• whiplash injury
• premises liability
• serious injury
• whiplash injuries

Please email us with your personal injury questions and inquiries and a lawyer will respond as soon as possible. The email will go directly to one of the lawyers at our firm. www.slepkowlaw.com/personal.htm

Personal Injury Frequently Asked Questions

Article by Slepkow, Slepkow & Associates, Inc., 401-437-1100, Contact Slepkow, Slepkow & Associates.

1. If I am injured in an automobile accident, what do I do?
2. How do I determine how much money I am entitled to as a result of
   the auto accident or which another person is at fault?
3. Does Rhode Island have a statute of limitations for personal injury cases?
4. What if I am injured and the other party is at fault but has no insurance?
5. How do I recover if I am hit by a hit and run motorist?

1) If I am injured in an automobile accident, what do I do?

Make sure you stop at the scene of the car accident and notify the police department immediately about the accident. If possible, please get all of the information about the other parties involved in the accident, including their name, address, telephone number and insurance information. Make sure you receive treatment for your injuries with a medical provider as soon as possible.

At the time of the accident, please get the names, addresses and phone numbers of any witnesses to the accident. If you have a camera or a cell phone with a camera, please take pictures of your automobile, the other automobile and the scene of the accident. If you have any bruises or physical conditions that are noticeable, please take pictures of the physical condition as soon as possible. Please do not give any statement to the insurance adjuster until you have had the opportunity to speak with an attorney. Please call Slepkow, Slepkow & Associates, Inc.
at 401-437-1100.

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2) How do I determine how much money I am entitled to as a result of the accident?

In order to determine the value of the case, the attorneys must look at a combination of factors, including lost wages, pain and suffering, permanency of the injury, any scarring or disfigurement, loss of consortium, periods of disability, etc. Determining the value of a case is an art rather than a science. The amount of the medical bills incurred will be one important factor in determining the value of the case.

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3) Does Rhode Island have a statute of limitations for personal injury cases?

There is a three year statute of limitations to file a lawsuit for negligence in Rhode Island. If you do not file a lawsuit within three years from the date of the accident, you will be forever barred from filing a claim as a result of the accident. In the event that the claim is for personal injuries against a city or a town, there are very strict notice requirements.

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4) What if I am injured and the other party is at fault but has no insurance?

You have the legal right to file a claim against the person or corporation whose negligence caused your injury. However, in many cases the negligent party does not have the assets or funds to be able to pay your damages. So long as you have uninsured or under-insured motorist protection, you will be able to file a claim against your own insurance company for uninsured or under-insured claims.

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5) How do I recover if I am hit by a hit and run motorist?

If you have uninsured motorist protection with your own insurance carrier, you may be entitled to make a claim against your own insurance carrier.

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Personal Injury Links:

• Rhode Island Bar Association publication "An Accident!
  What do I do now?"
• Whiplash information from American Academy of orthopedic Surgeons
  Information concerning stiffness, low back pain, dizziness, shoulder pain, headaches, neck pain concerning the diagnosis and treatment of whiplash injuries from auto accidents and rear end collisions from accidents.

General Litigation

Slepkow, Slepkow & Associates will handle all of your litigation needs. In addition to personal injury cases, we handle all types of civil litigation. Our firm will strongly advocate your position as either a plaintiff or a defendant.

• Breach of contract
• Debt collection
• Real estate litigation
• Commercial litigation
• Condemnation, adverse possession, partition, title disputes
• Personal injury
• Divorce and Family Law

Please e-mail or call us with your general litigation questions, and an attorney will personally respond to your call promptly.

General Litigation Frequently Asked Questions

1. I believe that I have been wronged by another individual or entity, what should I
   do next?
2. How do I commence a civil lawsuit?
3. What should I do if I am served with a Summons and Complaint?
4. How much will it cost to hire an attorney?
5. How long before the lawsuit will be finished?

1) I believe that I have been wronged by another individual or entity, what should I do next?

You should contact an attorney promptly. One reason is that you will not run the risk of having your claim barred by the statute of limitations. Also, your recollection of the events is crucial and as time goes by your memory may fade.

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2) How do I commence a civil lawsuit?

A civil lawsuit is commenced when a plaintiff serves a Complaint and a Summons upon the defendant. The complaint is the legal document that sets forth the alleged misconduct by the defendant. The summons is the legal document that directs the defendant to appear before
the court.

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3) What should I do if I am served with a Summons and Complaint?

You should seek the advice of an attorney immediately. As the summons instructs, you only have twenty (20) days in which to respond to the Complaint. If the 20 days period passes, the defendant will be in default and lose the case. The response to the Complaint is called an Answer. This legal document sets forth the defendants defenses and counterclaims against
the plaintiff.

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4) How much will it cost to hire an attorney?

Every lawyer is free to set his own billing method. There are many different types of billing methods: An attorney might choose a contingent fee, where you only pay the attorney if you win the case, or may offer a flat one time fee or may simply bill hourly. Usually the attorney will determine which method is best by the type of litigation in question. Slepkow, Slepkow & Associates never charges any fee in a personal injury case unless successful.

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5) How long before the lawsuit will be finished?

It depends. After the pleadings (Complaint and Answer) have been served, there is a discovery process. This is the period when the parties obtain all of the facts of the case. The length of this process depends on the complexity of the case. The overwhelming majority of cases are settled long before trial.

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Document Actions David S. Slepkow, Esq. Slepkow, Slepkow & Associates, Inc. Email Us 1481 Wampanoag Trail East Providence, Rhode Island 02915 Phone: 401-437-1100 Fax: 401-433-5066   David Slepkow, Esq. is a partner with Slepkow, Slepkow & Associates, Inc., concentrating in Rhode Island divorce, family law, domestic relations, child custody, child support, visitation, restraining orders, and out-of-state family law issues. He is a member of the bar in both Rhode Island and Massachusetts. In practice since 1997, David prides himself on being able to adapt to a particular client's desires. He is aware that some clients want to work out an amicable settlement with a spouse, while other clients want aggressive legal representation. A "one-size-fits-all" strategy does not work in family law. A family lawyer must be adept at helping clients in both highly contentious litigated matters and amicable out-of-court settlements. Our firm balances these interests and makes every effort to accommodate out-of-state clients who are unable to come to Rhode Island for client meetings. The firm provides services in the following areas of family law: · Divorce (non-contested and contested) · Child support contempt proceedings · Child support modification and termination · Property settlement agreements · Adoptions · Divorce and family law mediation · Visitation disputes · Interstate child support, visitation, and custody matters · Child custody · Alimony · Restraining orders/domestic violence/no contact orders · Criminal matters relating to family law · Out-of-state relocation · Father's rights · Out-of-state child support and family law issues · Paternity · Grandparent visitation · Enforcement of final judgment and court orders/contempt motions · Real estate issues concerning divorce and family law · Equitable division of assets · Drafting and negotiating prenuptial agreements and property settlement agreements • Motions to terminate, modify, or increase child support   Free initial consultation. Reasonable and affordable rates. Weekend and evening appointments available. All major credit cards accepted. Flat rate nominal non-contested divorces offered. Please email David Slepkow with your family law inquiry. Slepkow, Slepkow & Associates also has five other lawyers to assist you in your real estate, business and corporate law, probate law, and zoning law legal needs. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. http://www.slepkowlaw.com/ri-law.htm http://www.slepkowlaw.com/rhode-island-law.htm http://www.slepkowlaw.com/ri-government-courts.htm http://www.slepkowlaw.com/ma-law-and-government-links.htm http://www.slepkowlaw.com/east-providence-links.htm http://www.slepkowlaw.com/law-government-links.htm http://www.slepkowlaw.com/divorce-custody-family.htm http://www.slepkowlaw.com/child-support.htm http://www.slepkowlaw.com/real-estate-law.htm http://www.slepkowlaw.com/estate-planning-elder.htm http://www.slepkowlaw.com/personal-injury-car.htm http://www.slepkowlaw.com/lawyer-attorney.htm   Please email us or visit our website for additional information.     Articles by Slepkow, Slepkow & Associates, Inc.: Child Support in Rhode Island Child Support In Rhode Island -- Is There A Minimum? Common Law Marriage in Rhode Island The Intersection of Family Law and Criminal Law in Rhode Island No-Fault Divorce, But Fault May Impact Property Division Post Divorce Do's and Don'ts Who Gets The Microwave? A Guide To Property Division In Rhode Island <!-- -->

A misdemeanor is any offense punishable by up to one year in Jail. Typical misdemeanors are: driving under the influence of alcohol / drunk driving (dui / dwi), shoplifting, domestic assault, Second (2nd) offense refusal to take the breathalyzer, driving on a suspended license, writing bad checks, domestic vandalism, simple assault and battery, domestic disorderly, reckless driving, disorderly conduct, etc. There are different rules that apply to driving with suspended licenses and this article does not fully address those provisions.

If you cannot afford an attorney to represent you then you should contact the Public Defender. The Rhode Island Office of the Public Defender represents eligible clients in criminal law matters (misdemeanors / felony) for no charge. Do not use this article as a substitute for seeking independent legal advice from a lawyer.

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It is a very bad idea for a person to represent themselves (pro-se) in a criminal case. Please note that this article only applies to Rhode Island misdemeanor offenses and does not apply to any other states!

At the arraignment, A person should almost always say not guilty and hire an attorney. If a person cannot afford a lawyer then the person should go to the Public Defender. After the arraignment the matter will be set for a pretrial conference a couple of weeks later. In some very limited circumstances a person can work out a plea deal at the arraignment. It is usually a very bad idea for a person to enter into a plea agreement without an attorney.

At the pretrial conference a person can change their plea after meeting with the prosecutor and or the judge and after finding out what the prosecutor is offering for a a sentence. A defendant can negotiate with the prosecutor through their lawyer. If a plea agreement cannot be worked out at the pretrial conferences the matter will be set for trial. The matter also could be scheduled for motions prior to the trial if motions are requested.

A person should never change their plea from not guilty to nolo contendere or guilty without a plea deal from the prosecutor.

In Rhode Island, a defendant can enter one of four pleas: guilty, not guilty, nolo contendere or an "alfred plea".

Guilty and Not Guilty Pleas

The pleas of guilty and not guilty are obvious. If the plea is not guilty then the matter will be scheduled for a trial on the merits in which the prosecution must prove beyond a reasonable doubt that the person is guilty of the alleged offense. The person will be presumed innocent and it is the prosecutions burden to prove that the person is guilty. Usually, it is a very very bad idea to take a guilty plea! Guilty pleas or a finding of guilt after a trial is always a criminal conviction in Rhode Island.

Nolo Contendere Plea

Nolo contendere means a person is not contesting the charges. When a defendant takes a nolo contendere plea in Rhode island, the defendant is indicting that he does not want to contest the charges but is also essentially admitting to the charges.

What is the difference between a guilty plea and a nolo contendere plea in rhode Island? There is a huge difference! A guilty plea is always a criminal conviction under Rhode Island law. A criminal conviction has major negative implications especially when a person applies for employment. A plea of nolo contendere may not constitute a criminal conviction in Rhode Island. A plea of nolo contendere is only a conviction in Rhode Island if there is a sentence of confinement (such as the ACI or home confinement), a suspended sentence or a fine imposed.

For example, A plea of nolo contendere with a sentence of probation and a contribution to the violent crimes indemnity fund or court costs will not constitute a conviction under Rhode Island law! For example, A plea of nolo contendere with a sentence of a filing and a contribution to the violent crimes indemnity fund (vcif) will not constitute a conviction under Rhode Island law.

However, anything with a fine attached to it will be a conviction under Rhode Island law. Therefore, it is important that the defendant gets either no fine or a contribution to the victims fund or court costs rather then a fine.

All misdeameanor plea agreements in Rhode lsland should be nolo contendere with court costs or a contribution towards the victims indemnity fund rather then guilty pleas!

Alfred Pleas

Alfred Pleas are strongly disfavored by judges in Rhode Island (RI) and are difficult to get. Alfred pleas derive from a United States Supreme Court case. In an Alfred plea, a defendant will admit that the state has sufficient evidence to convict him or her if the case went to trial but will not admit to anything.

DUI / Drunk Driving charges

In Rhode Island, any plea to drunk driving, driving under the influence, DUI/ DWI is a conviction under Rhode Island law. A breathalyzer refusal plea of guilty or "admitting to sufficient facts" is not a criminal conviction because a breathalyzer refusal is a civil case. For more information concerning Rhode Island drunk driving / dui and breathalyzer refusal law please see => http://ezinearticles.com/?id=486659

Guilty Finding after Trial and appeals de novo

If the defendant is found guilty after trial the sentence will constitute a conviction. If a person is found guilty at trial in district court they can appeal de novo (of new) to the Superior Court and the conviction will be erased and the case will essentially start all over again in the Superior Court.

Obviously, the defendants best result is either a dismissal by the prosecution or an acquittal. A defendant has five days to file an appeal of a guilty finding after trial or appeal a plea agreement that he / she is unhappy with. In the Superior Court appeal, the defendant has a right to a trial by jury. Whereas, in The District Court a person waives their right to a trial by jury but in exchange for their waiver of their right to a trial by jury has the right to appeal any guilty finding de novo (of new) to the Superior Court. A person charged with a misdemeanor essentially has two bites of the apple so to speak. A defendant can attempt to win at a judge decided trial in District Court and then if they lose they can do it all over again with a jury trial in Superior Court.

What is a "filing" in Rhode Island?

A one year filing is usually only offered by the prosecutor as a penalty for first time offenders. A filing is a penalty that is typically offered for first time offenders for relatively minor misdemeanors. A filing is the lowest form of penalty available and is always better than probation for an accused. A filing is when the case is put aside for a year and if the person stays out of trouble for a year then the case is eligible to be expunged and destroyed at the end of the year.

Be careful, do not forget to have your filing expunged at the end of the year! It is not automatic. A certified copy of the expungement order must also be sent to the Rhode Island Attorney General 's office, the Rhode Island State Police and the local police department that pursued the criminal charge. In the event that a person is found guilty after trial, a person could still be sentenced to a one year filing. However, any guilty finding after trial will constitute a conviction. A guilty finding with a penalty of a filing should be appealed to avoid a conviction.

(Expungement is a process in which a person can have certain eligible Rhode Island criminal records expunged off there record. In order to obtain an expungement of a Rhode Island criminal record a person must file a motion to expunge. I strongly advise that you contact me or another Rhode Island criminal law attorney to determine whether a criminal record can be expunged.)

If a one year filing is offered by the prosecutor / city solicitor and is accepted then the case will be "filed" for a year. This is commonly called a "filing". If the defendant does not get arrested or get in other trouble and complies with the conditions of the filing during the one year period then the case can be easily expunged from a person's record after the year.

What types of filing are there in Rhode Island

There are two types of filings, not guilty filings and nolo contendere filings. A not Guilty filing is when the defendant maintains his innocence and the case if filed for a year. A not guilty filing is not usually allowed by Judges in the District Court! Not Guilty filings are extremely rare in the District Court. Some judges will not allow not guilty filings as a matter of policy. Not guilty filings are very beneficial to the defendant as the best case scenario short of a dismissal or not guilty finding because if the person is accused of a new crime or violating their filing the state will need to still prove their underlying case.

A nolo contendere filing is when the defendant admits to guilt and the case is filed for a year. The vast majority of filings are nolo contedere filings! A major difference between a not guilty filing and a nolo contendere filing is when a person is violated for a not guilty filing then the state / prosecution must prove guilt at that time. Whereas, if a person is violated for a nolo contendere filing, the judge simply must impose a sentence because the person has already admitted guilt to that offense.

If the person violates his filing by not complying with the conditions of the filing then the persons filing can be revoked by the Court. If a person takes a nolo contendere filing and gets into further trouble, violates the conditions of the filing or is arrested on a new offense then the person will be hailed back into court to be sentenced on the filing. (unless the filing was a not guilty filing which means the prosecution must prove the defendants guilt) There are various conditions that can be put on a filing inluding alcohol and drug counseling, domestic violence counseling or classes, restitution, no contact with the victim and community service.

A person that has a filing is subject to being held at the aci for 10 days as a violator of his filing if he is arrested for a new offense during the filing period.

What implications are there for domestic violence offenses in Rhode Island?

If the underlying charge is for a domestic offense such as domestic assault, vandalism, or domestic disorderly conduct then the defendant will be ordered to have no contact with his wife, girlfriend or the victim as the case may be.

Upon entering a plea or being found guilty of a crime with domestic implications then the defendant will be ordered to complete a batterers intervention program which involves attending classes. The defendant can also be ordered to pay restitution to the victim if applicable and obtain substance abuse or mental health counseling. Failure to attend the Batterers classes or failure to pay restitution or failure to attend counseling could be considered a violation of probation or a filing.

If the defendant violates the no contact order then the defendant will be charged with a separate offense of violating a no contact order as well as violating the conditions of the filing or probation, as a result of the communication.

The no contact order will remain in effect while the case is pending and during the period of any penalty or sentence. The no Contact order will expire if the case is dismissed. For example, a no contact order will stay in effect until any probationary period or suspended sentence is completed.

Rhode Island Family Court restraining orders

Be careful! There may be a separate restraining order that issued from Rhode Island Family Court as a result of a complaint protection from abuse in a divorce or family law matter. The Family Court has jurisdiction to issue restraining orders for up to three (3) years. The Family Court can issue restraining orders for persons who are married, are divorced, are family members or who have children in common as well as other jurisdiction set forth in the statute. There may also be a restraining order issued by a Court of another state or another Court

Violation of Family Court Complaint protection from Abuse restraining order is a crime in itself and also may constitute a violation of probation, bail and violation of conditions of a filing.

District Court Restraining orders:

There may also be a District Court restraining order from your (ex) boyfriend or girlfriend. The District Court has jurisdiction to issue restraining orders for persons who were or are in a dating relationship or who are roommates. Violation of a District Court restraining order is also a crime in itself. Violation of a District Court restraining order is also a violation of probation and a violation of the terms of bail and a violation of the conditions of a filing.

Superior Court Restraining orders:

Violation of A Superior Court restraining order is punishable by contempt proceedings which could result in confinement. However, violation of a Superior Court restraining order is not a crime in itself. Violation of a Superior Court Restraining order could be considered a violation of bail, probation or conditions of a filing.

Issues concerning custody and visitation of children as well as divorce and family related matters:

The District Court in a criminal case cannot be involved in setting vistitation or dealing with issues concerning divorce or custody of the minor children. The Rhode Island Family Court is the proper Forum for dealing with issues related to divorce and child custody such as: child support, visitation, financial restraining orders and issues concerning marital property, marital real estate and debt.

If your spouse or girlfriend or boyfriend is preventing you from visiting or talking to your child as a result of a criminal case or no contact order then you may need to file for divorce or a separate action for custody or visitation in Family Court.

The Family Court can set visitation and child support as part of a Complaint protection from abuse restraining order. In some instances when domestic violence is alleged or there are issues concerning alcohol, drug abuse or mental health then the Family Court may order supervised visitations. These Supervised visitations my occur at the Providence Family Court or may be supervised by a third party.

No Contact Orders in Rhode Island explained

A "no contact order" means that the defendant is precluded from having any contact and or communication with the victim or the person under the protection of the no contact order. This includes but is not limited to letters, emails, text messages or messages delivered through a third party.

In other words if a person is under a no contact order and sees the victim in public they must leave the area immediately and not acknowledge the victims existence. A person cannot even say "hi" if they walk by the victim by chance on the street.

Be very careful! A person can be arrested for violating a no contact order even if the victim initiates the contact and calls the defendant. A person can be charged with breaking a no contact order even if invited by his wife to come back to the marital home.

Even if the victim tells you that the no contact order has been dropped, do not take the victims word for it. You must see the piece of paper signed by the judge dismissing the no contact order before any contact or communication is initiated. A no contact order expires when the sentence period is finished. However, be careful because there may also be a restraining order issued as a reult of a divorce or family court matter or a District Court restraining order.

A person who is on probation or a probation attached to a suspended sentence must be even more vigilante in order to not violate the no contact order. For example, a single phone call made by the defendant to a victim under the protection of a no contact order probably means a minimum of ten 10 days in jail at the ACI. We are not talking about the local town jail but the ACI.

Violation of conditions of filing

Please note, that a person who has a filing can be held for up to ten days at the ACI if arrested for a new charge / crime. A person who is on a filing must be very careful that he / she stays out of trouble.

If the person is violated from the terms and conditions of the filing then hypothetically the filing could become a conviction because that person has already admitted to the charges by pleading nolo contendere and giving up his right to contest the charges. Court costs will be imposed if there is a nolo contendere filing in a criminal case.

Probation in Rhode Island

If a person receives probation then they will need to abide by the conditions of the probation and agree to keep the peace and be of good behavior. If a person violates his/ her probation by being arrested for a new crime then the person may be held in Jail at the ACI as a probation violator. After ten days a person has the right to a hearing. At the probation violation hearing, the prosecutor must only convince the judge so that the judge is "reasonably satisfied" that the person violated the probation by committing the new offense. Also the person will be prosecuted for the new offense as a separate charge from violating the probation. There is a good chance that if a person is violated for his probation that the probation which was originally not a conviction will now ripen into a conviction.

A probationary period is a time of great risk for a defendant and a defendant must be careful to stay out of trouble!

A person can also be violated for his probation for various infractions that may not be criminal acts but that violate the conditions of probation such as not keeping probation informed of new addresses, leaving the state without permission, not paying court costs or restitution, not properly reporting to the probation officer, etc. When a person is under probation in Rhode Island, he or she is essentially is in a contract with the state to keep the peace, be of good behavior and comply with the conditions and rules of probation.

What is a probation with a suspended sentence in Rhode Island?

If the charges are serious or the person has a lengthy criminal record of has already been placed on probation before then in addition to the probation, the judge may attach a suspended sentence. A person who has a suspended sentence is in a period of extreme risk because a new offense could lead to substantial jail time!

A suspended sentence is always a conviction under Rhode Island law. A person with probation and a suspended sentence attached will not spend anytime in prison unless the person violates the conditions of his probation as set forth above.

The period of the suspended sentence is the most time that a person could spend in prison if the person violates the conditions of the probation or commits a new offense. If the person violates the probation, the judge could sentence the person up to the amount of time that is suspended. Please note that the person could get additional sentence and or penalties as a result of the new charge. It is in the defendants best interest to have the period of suspended sentence to be as short as possible. The suspended sentence typically is for the same amount of time as the period of probation.

Please note that if the offense is driving on a suspended license there are special rules that apply that are set forth in the statutes.

Most prosecutors and judges believe that each sentence should be more severe then the last. A person's first minor offense is likely to lead to only a filing which is the lowest form of penalty in Rhode Island. A person usually will only be allowed one filing.

Could I be incarcerated at the aci or serve time in jail as a result of a misdemeanor charge?

Yes. A serious misdemeanor could lead to incarceration at the Adult Correctional Institution (ACI). The Vast majority of misdemeanor cases do not result in a sentence of incarceration! A habitual offender could eventually face jail time. A person convicted of a second or third offense dui / dwi faces a minimum mandatory sentence to the ACI . A person with a probation violation or suspended sentence could face incarceration depending on the circumstances. In a Misdemeanor District Court case the Court only has jurisdiction to sentence a person to a year in jail. In some instances a person might qualify for Home confinement in lieu of a sentence at the ACI.

Please be advised that there are different considerations related to Felony criminal charges which are not adressed in this article including but not limited to deferred sentences. Please consult the Rhode Island Public Defender's website for information related to felony charges and for an explanation of a Deferred sentence.

It is important that this criminal law article be used for informational purposes only and not as a substitute for seeking legal advice from a Rhode Island lawyer.

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 / attorney as an expert or specialist in any field of practice.

 

Rhode Island lawyer David Slepkow concentrates in criminal law, dui, divorce, family law, personal injury law, and automobile accidents. You can contact David at http://www.slepkowlaw.com/ or by calling him at 401-437-1100. David Slepkow is a lawyer and partner at Slepkow Slepkow & Associates, Inc. in East Providence, Rhode Island. Slepkow Slepkow & Associates, Inc. was established in 1932 and is currently celebrating its 75th anniversary! Attorney, David Slepkow is a member of the Rhode Island (RI) and Massachusetts (MA) Bar Association. David offers free initial consultations and accepts all major credit cards. If necessary, David can arrange weekend and evening consults. David never charges any fee for personal injury case, automobile / auto/ car accidents and slip & fall cases unless successful. Please visit: Rhode Island (RI)Criminal law Attorney and DUI/ DWI/ Breathalyzer Refusal Information Article Source: http://EzineArticles.com/?expert=David_Slepkow

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  [Relationships:Divorce] Can the Rhode Island Family Court defer a sale of the marital home for the child/children? If one of the parties requests a deferred sale of the home, then the court must determine whether or not it is economically feasible for the person who is living in the home to pay the mortgage, liens, taxes and insurance on the home until the home is sold. In making that determination the court will look at the income of the resident parent, any alimony the parent receives, child support and other source of income to make those payments. The intent of this law is to prevent foreclosures, uninsured property, and deterioration of the marital home and to protect the parents' equity in the house. R.I.G.L. 15-5-16 This article was written by a Rhode Island divorce and family law attorney.
  
  
• Rhode Island Divorce From Soup To Nuts by a RI Attorney
  [Legal:National-State-Local] This article explains the Rhode Island Divorce process from pre-filing considerations through trial including Rhode Island divorce law strategy. This article was written by a Rhode Island divorce lawyer.
  
  
• Child Support Does Not Automatically Terminate In Rhode Island When A Child Turns 18!
  [Legal] In Rhode Island (RI) child support does not automatically terminate when a child reaches 18 years old! A motion to terminate child support must be filed or the child support obligation will not stop. This article explains when child support should end in Rhode Island.
  
  
• Personal Injury - Car - Auto Accidents - Slip & Fall Rhode Island FAQS by a RI Lawyer
  [Legal:Personal-Injury] When I meet my personal injury lawyer for the first time, are there any particular documents I should bring with me? What type of information will the attorney request at the initial consultation concerning my Rhode Island personal injury or automobile accident case? What usually happens at the first consultation? What is necessary to have a valid personal injury case? What exactly is a settlement in a personal injury case? What if I am unhappy with the lawyer who is handling my case? In Rhode Island, do I have the right to obtain a new lawyer? If I obtain a new lawyer who will pay for the legal services rendered by the old attorney? Is it a good idea to wait a period of time before I hire an attorney? What types of cases are typically handled on a contingent fee basis? Am I required to give a recorded statement to the insurance company upon their request?
  
  
• Forced Sale Of Real Estate In RI With Family Member, Business Partner, Significant Others-Partition
  [Legal:Real-Estate-Law] This article explains how a person who co-owns real estate with another person, persons or entity can force a sale of the property and obtain an equitable share of the proceeds. A person who owns property as joint tenants, tenants in common or has a life estate who no longer wants to own real estate with another person, LLC, trust, partnership or other entity can force a sale of the property in Rhode Island Superior Court.
  
  
• Private School Education & College Education - RI Child Support FAQS
  [Legal] In Rhode Island (RI) Divorce and Child support cases, Can I get the father or mother of my child to be ordered to pay for private school education? Can I get the father or mother of my child to be ordered to pay for college?
  
  
• Guide to Calculating Child Support in Rhode Island (RI) Is There A Minimum Amount?
  [Legal] Rhode Island Divorce, Family Law and Child Support Attorney,David Slepkow answers the following questions: How is Rhode Island (RI) Child Support determined in divorce cases, paternity cases, child support cases and child visitation cases? Is there a minimum child support guideline in Rhode Island and how is it calculated? Can a judge of the Rhode Island Family Court issue a child support order over the minimum guidelines? Can there be a child support order lower then the minimum guidelines? Are assets, expenses, needs and obligations relevant in RI Child Support determinations?
  
  
• Motions to Modify Child Support in Rhode Island-Modification of Child Support by a RI Family Lawyer
  [Legal] This article addresses motions to modify child support in Rhode Island (RI). This article explains how child support is modified in Rhode Island and what constitutes a change in circumstances to warrant a modification of child support. Article written By a Rhode Island divorce and family law lawyer.
  
  
• Rhode Island Divorce Process and Strategy From Filing Divorce to Trial - by a RI Family Law Lawyer
  [Legal] This article Article adresses Rhode Island Divorce process and strategy from filing for divorce to preparation for trial by a Rhode Island Family law Attorney. This article adresses the difference between a nominal and contested divorce, settlement of divorce, answers, the Nominal Court Hearing, residency requirements, the discovery process and other issues concerning RI Divorce. This is part two of a three part series which explains Rhode Island Divorce from beginning to end.
  
  
• Organizing and Operating a Limited Liability Company (LLC) in Rhode Island by a RI Attorney - Lawyer
  [Legal:Corporations-LLC] This Article explains the process of organizing and operating a Limited Liabililty Company (LLC) in Rhode Island (RI). This article discuses the benefits of an LLC, including the limited liability of the members of an LLC for the debts of the LLC and the limited liability of the members of the LLC for personal injury and slip and fall claims. This article explains the necessary documents and fees needed by the Rhode Island Secretary of State. This Article was written by a Rhode Island Business and Corporate law attorney.
  
  
• Rhode Island Corporations, Limited Liability Company (LLC), Partnerships, Small Business Law FAQS
  [Legal:Corporations-LLC] Rhode Island Business and Corporate law frequently asked questions by a Rhode Island (RI) Attorney concerning corporations, llc's and partnerships. 1) Should I protect my home and personal assets by incorporating my business? 2) What is the difference between a corporation and a limited liability company (LLC) in Rhode Island? 3) What will my lawyer need to know at our first meeting in order for him to incorporate my business? 4) If I incorporate, will I need to do anything each year to keep the corporation in good standing? 5) If I am operating a business with another person, should I form a partnership or incorporate?
  
  
• Rhode Island Personal Injury Law FAQS and Automobile - Car Accidents - by a RI Lawyer - Attorney
  [Legal:National-State-Local] This article is an overview of the Rhode Island Personal Injury, slip and fall and car accident claims process. This article answers the following questions- How do Rhode Island lawyers charge for personal injury & automobile (auto) accident cases? If I hire a Rhode Island personal injury attorney, how does the process work? My attorney is unable to settle the case with the insurance adjuster, then what happens next? How do I obtain evidence of my personal injury? Will my lawyer keep what I tell him confidential? What type of costs are typically incurred in Rhode Island (RI) personal injury cases.
  
  
• Criminal Misdemeanor Law in Rhode Island (RI) - Plea Agreements - Sentencing & What is a Conviction?
  [Legal:National-State-Local] This article explains pleas and sentencing in Rhode Island (RI) for criminal misdemeanors including explanations of - one year filings, probation, suspended sentences, no contact orders etc. This article also explains what constitutes a conviction under Rhode Island law. This article explains issues concerning domestic violence offenses and violation of restraining orders and no contact orders. This article also delves into how criminal law is often intertwined with family law issues concerning child visitation, divorce and child custody. Rhode Island Family Court, District Court and Superior Court Restraining orders are often very relevant to criminal charges. Do not use this article as a substitute for seeking independent legal advice from a lawyer.
  
  
• Rhode Island RI Common Law Marriage - Fact Or Fiction
  [Legal:National-State-Local] Fiction- If I live together with my boyfriend for over seven years then we are automatically common law married. Rhode Island common law marriage "fact or fiction" by a Rhode Island family law and divorce attorney. This article addresses what constitutes a common law marriage in Rhode Island and how to prove or refute a claim of common law marriage. The article focuses on serious intent to enter into a husband wife relationship as well as reputation in the community that two people are in fact married. The following issues are addressed: reputation in the community, holding out to the community as a married couple, tax filing status, cohabitation, health insurance, joint property, use of last name, wedding rings, divorce as well as other financial issues.
  
  
• Rhode Island Divorce Strategy From Finding a RI Attorney to Filing for Divorce by a RI lawyer
  [Relationships:Divorce] Part 1 of "A practical Guide to The Divorce Process in Rhode Island Family Court." This article is part 1 of a series or articles that takes a person considering divorce through the entire divorce process from beginning stages of finding an attorney to eventually finalizing the divorce with a final judgment of divorce. This articles addresses both contested and uncontested divorces in Rhode Island. Part 1 addresses the initial step of selecting and obtaining a Rhode Island Attorney, drafting the divorce papers and the issues and decisions that must be made in the beginning of the divorce process. This article addresses, motions for temporary support, restraining orders & emergency motions.
  
  
• Rhode Island Litigation- Lawsuit FAQS Written By a Rhode Island (RI) Attorney RE- RI LAW
  [Legal] Rhode Island litigation-Frequently asked questions and answers written by an experienced Rhode island litigation and personal injury attorney. The following questions are answered in this article- 1) I believe that I have been wronged by another individual or entity, what should I do next? 2) How do I commence a civil lawsuit? 3) What should I do if I am served with a Summons and Complaint? 4) How much will it cost to hire an attorney? 5) How long before the lawsuit will be finished?
  
  
• Rhode Island Elder Law- Protecting Home From Nursing Home Costs- FAQs for Seniors
  [Home-and-Family:Elder-Care] Frequently asked questions answered by a Rhode Island (RI) elder law attorney / lawyer concerning issues important to the elderly and senior citizens such as nursing home costs and liens, living wills, estate planning etc. This article includes answers to the following frequently asked questions: 1) What documents should I have in my estate plan? 2) What is a Living Will? 3) Will the State take my house if I go into a nursing home? 4) What steps should I take to protect the house in case of nursing home costs? 5) Are there any means for me to retain control of my assets while simultaneously protecting them from the reach of nursing homes? 6) What law will govern the strategies and state determinations?
  
  
• Rhode Island Zoning, Planning And Land Use Law FAQS - Building Permits, Additions, In Law, Variance
  [Legal] Rhode Island zoning, planning and land use frequently asked questions prepared by a Rhode Island lawyer concerning the following frequently asked questions: Do I need a building permit to construct a small addition to my house or a deck around my above ground swimming pool? My house is in a residential zone. Are there any problems that I need to consider in planning an addition or an accessory structure? I have a single-family house located in a single-family zoning district. My mother-in-law wants to move in with me. Can I add a second kitchen to my house so that she will have the ability to be independent? If I want to build a two-family in a single-family zone or build an office in a residential zone, what do I do? I have extra land that I am not using on the side of my house. Can I sell this land to a builder?
  
  
• Rhode Island Will, Trusts, Estate Planning and Probate Law - FAQS by an Experienced RI Attorney
  [Legal] Rhode Island Will, Trusts and Probate law-Frequently Asked Questions prepared by a Rhode Island attorney. This article answers the following questions? Do I need a Will? What is intestate? Can I avoid probate if I have a will? If I die with minor children, who will handle my money for them? Can I appoint the same person as executor, trustee and guardian? How can I avoid the probate process? What is a trust? What other benefits are there for creating a trust?
  
  
• Rhode Island Divorce Law FAQS How Long Until It's Over? Residency Requirements & No Fault Divorce
  [Relationships:Divorce] Rhode Island divorce law information written by a Rhode Island divorce lawyer. This article answers the following questions: How long does a Rhode Island divorce take from beginning to end? What does no fault divorce mean? What are the residency requirement to file in Rhode Island? How do I prove my residency at the nominal divorce hearing in order to obtain a divorce?
  
  
• Rhode Island Divorce - "Post Divorce Do's And Dont's" -Family Law & Child Support by a RI Lawyer
  [Relationships:Divorce] Rhode Island (RI) post divorce do's and dont's prepared by a Rhode Island family law lawyer, David Slepkow concerning issues of child support modification, contempt and termination. The article also addresses issues concerning modification of child visitation & custody in Rhode Island. The article gives helpful advice about payment of alimony and modification and termination of alimony. The article also contains helpful information concerning modification of the final judgment of divorce based on a substantial change of circumstances and contempt for failure to pay alimony, child support or comply with the terms of the final judgment of divorce.
  
  
• Rhode Island Landlord Tenant and Eviction Law FAQS - Nonpayment Rent, Termination
  [Legal] Frequently asked questions concerning Rhode Island landlord tenant law and evictions. This article addresses nonpayment of rent evictions, 5 day demand letters for nonpayment of rent, month to month tenants, eviction of month to month tenants, violations of lease etc.
  
  
• Rhode Island DUI - DWI Law - Should I Refuse The Breathalyzer?
  [Legal] This article explains the law concerning Rhode Island DUI - DWI & refusal to take the Breathalyzer. This article answers the important question: Should you refuse the breathalyzer test in Rhode Island and what are the implications? This article examines whether or not a person should refuse to take a breathalzer test upon request of a police officer in Rhode Island when a person is suspected of drunk driving. This article examines the criminal and legal implications of a refusal and a criminal dui - dwi charge.
  
  
• Rhode Island (RI) Real Estate Law - Closings And Title Attorneys - Lawyers
  [Legal:Real-Estate-Law] Rhode Island RI real estate law frequently asked questions concerning title insurance, real estate closings, surveys, appraisals etc. This articles was prepared by a Rhode Island lawyer.
  
  
• Rhode Island RI Personal Injury Law FAQS - Automobile - Car Accident - Damages - Pain & Suffering
  [Legal:Personal-Injury] Rhode Island personal injury law: auto - car - motorcycle accident frequently asked questions with answers written by RI personal injury attorney. The questions and answers include the following:
  
  
• Rhode Island Child Support Law FAQS - Daycare, Overtime, Modification, College, Termination
  [Legal:National-State-Local] This article answers the following frequently asked questions. 1) What if my child's parent works overtime? Will overtime be included in child support? 2) My child is about to turn 18 but is still in high school and living at home, can I still get child support? 3) Can I get my child's father to be ordered to pay for my child's college education? 4) Who is going to pay for my child's daycare? 5) How do I modify, increase or terminate child support in Rhode Island?
  
  
• Who Gets The Microwave in The Divorce? A Guide to Division of Property in RI Divorce
  [Relationships:Divorce] Frequently asked questions and answers written by a Rhode Island divorce attorney concerning equitable division of assets in Rhode Island divorces. This article discusses what is marital property in Rhode Island and what happens to the marital home upon divorce when there are minor children. This article also addresses the definition of "no fault" divorce in Rhode Island. This article also explains how "fault" such as alcoholism, drug addiction or extra marital affairs can effect equitable division of assets.
  
  

 

You can Contact David Slepkow at 401-437-1100

Rhode Island divorce, family law, criminal, child support, litigation and personal injury law lawyer, David Slepkow has been practicing law for ten years. You can contact Rhode Island attorney David Slepkow at 401-437-1100 for a free initial consultation. http://www.slepkowlaw.com

David Slepkow is a lawyer and partner at Slepkow Slepkow & Associates, Inc. in East Providence, Rhode Island. Slepkow Slepkow & Associates, Inc. was established in 1932 and is currently celebrating its 75th anniversary!

Attorney, David Slepkow is a member of the Rhode Island (RI) and Massachusetts (MA) Bar Association and the Bar for the Federal Court First Circuit, District of Rhode Island.

David offers free initial consultations and accepts all major credit cards. If necessary, David can arrange weekend and evening consults. David never charges any fee for personal injury case, automobile / auto / car accidents and slip & fall cases unless sucessful.

David Slepkow is a member of the Family Law Inns of Court and the Rhode Island Trial Lawyers Association.

He Practices in the following areas of law: divorce, family law, child custody, child support, visitation, out of state family law matters, adoptions, paternity, evictions, landlord tenant matters, criminal law, restraining orders, no contact orders and domestic violence law. David also practices, personal injury, slip and fall, serious accidents, motorcycle accidents, premises liability as well as Superior Court Litigation. David Slepkow handles dui / dwi / drunk driving charges and breathalyzer refusal cases.

Even if David can not help you with your problem he will be happy to refer you to another attorney. You can also visit David's website for answers to frequently asked questions or to obtain more information. David is always willing to answer questions on the phone.

http://www.slepkowlaw.com/ri-law.htm

http://www.slepkowlaw.com/rhode-island-law.htm

http://www.slepkowlaw.com/ri-government-courts.htm

http://www.slepkowlaw.com/ma-law-and-government-links.htm

http://www.slepkowlaw.com/east-providence-links.htm

http://www.slepkowlaw.com/law-government-links.htm

http://www.slepkowlaw.com/divorce-custody-family.htm

http://www.slepkowlaw.com/child-support.htm

http://www.slepkowlaw.com/real-estate-law.htm

http://www.slepkowlaw.com/estate-planning-elder.htm

http://www.slepkowlaw.com/personal-injury-car.htm

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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 / attorney as an expert or specialist in any field of practice.