Welcome to Marin, Barrett, and Murphy Law Firm, where Rhode Island's premier Divorce Lawyer Siobhan Bogosian is dedicated to providing experienced legal support for individuals navigating the complexities of Divorce in Rhode Island. With a focus on divorce cases in Warwick, Providence, East Greenwich, and Newport, our esteemed Attorney Bogosian, brings a compassionate, results-driven approach to Family Law. Whether you're seeking a Divorce Lawyer in Rhode Island or require specialized guidance on family law matters, our firm stands ready to protect your interests and secure your future. At Marin, Barrett, and Murphy, we understand the emotional and legal challenges that accompany Divorce in Rhode Island. Let us guide you through this difficult time with the expertise and care you deserve. Contact us today at (401) 316-9423 to start your journey toward resolution and peace of mind.

Navigating Divorce with Experienced Guidance: Marin, Barrett, and Murphy Law Firm

Navigating the challenging terrain of divorce in Rhode Island is undeniably one of the most emotionally taxing experiences one can face. While a network of support is crucial during such difficult times, a pivotal decision is choosing a skilled local Rhode Island divorce attorney to provide guidance and protection. Opting for the right attorney is a paramount step in ensuring that your divorce case is handled with the utmost care and expertise.

At Marin, Barrett, and Murphy Law Firm, we take pride in being a boutique law firm focusing on guiding individuals through the intricate Rhode Island divorce process. Our commitment lies in leveraging extensive experience to offer top-tier representation, guiding you through each legal step, and safeguarding the interests of both you and your family.

We prioritize personal service, limiting the number of cases we handle to provide focused attention and alleviate the stress commonly associated with divorce proceedings. Instead of navigating this challenging process alone, consider reaching out to Marin, Barrett, and Murphy Law Firm for legal assistance. Schedule a free initial consultation with one of our top-rated family law lawyers by calling 401-228-8271.

Comprehensive Legal Solutions for Your Peace of Mind

Our range of services encompasses the full spectrum of divorce-related matters, ensuring that you have a reliable partner by your side every step of the way:

• Strategic Consultations and Legal Advice: Gain clarity on your legal rights and options with our insightful consultations.

• Efficient Filing for Divorce: Navigate the paperwork seamlessly with our assistance in filing for divorce.

• Mediation and Alternative Dispute Resolution: Foster amicable resolutions through mediation, minimizing stress and promoting cooperation.

• Expert Property Division: Safeguard your assets with our expertise in equitable distribution during property division.

• Child Custody and Visitation Representation: Ensure the best interests of your children are protected with our seasoned representation in custody matters.

• Child and Spousal Support Advocacy: Receive fair and accurate calculations for child and spousal support obligations.

• Domestic Violence and Restraining Order Assistance: Navigate sensitive cases with our compassionate support, addressing domestic violence concerns.

• Modifications, Enforcement, and Legal Representation: Adapt to changing circumstances with ease, enforce court orders, and trust us to represent you effectively.

• Prenuptial and Postnuptial Agreement Expertise: Safeguard your financial future with our meticulous drafting and review of marital agreements.

• Dedicated Court Representation: Benefit from our strong advocacy in court, ensuring your rights are protected.

• Collaborative Divorce Support: Opt for a collaborative approach to divorce, fostering cooperation and mutual agreement.

Your Trusted Partners in Every Legal Aspect of Divorce

At Marin, Barrett, & Murphy Law Firm, we pride ourselves on being more than legal representatives; we are compassionate allies dedicated to securing the best possible outcome for you and your family. Our focused attention, strategic approach, and commitment to personalized service set us apart in providing a seamless divorce experience.

📞 Schedule Your Free Consultation Today: (401) 228-8271

Let Marin, Barrett, and Murphy Law Firm be your guiding light through the complexities of divorce, offering a comprehensive suite of services tailored to your unique family law issues. Your brighter future starts with us!

Hiring a Divorce Lawyer in Rhode Island

Here are the top reasons to choose Marin, Barrett, & Murphy Law Firm for your legal separation case:

• Industry-Leading Experience: We boast unmatched experience and a broad knowledge base to meet diverse client needs even in complex divorce cases.

• Up-to-Date Legal Knowledge: Our family law attorneys stay current with the latest Rhode Island divorce rules, best practices, and legal separation laws.

• Collaborative Approach: Utilizing a collaborative approach among our attorneys, we address complex legal issues effectively.

• Long-Term Relationships: We foster long-term relationships with our clients, ensuring the best outcomes and results.

• Efficient Case Handling: Leveraging in-house resources, we ensure efficiency and equity in handling divorce cases.

About Our Leading Family Court Attorney: Siobhan Bogosian

• Legal Expertise & Family Dynamics Fusion: Elevate your family court experience with Attorney Bogosian. With over two decades as a Special Assistant Attorney General, Attorney Siobhan M. Bogosian offers a unique blend of legal expertise and an in-depth understanding of intricate family dynamics.

• Empathetic Family Ally: Attorney Bogosian's extensive work with victims in the Special Victims Unit guarantees a compassionate approach in family court. Her empathy, cultivated through years of advocating for those in need, promises not just legal support but genuine care for positive outcomes through the legal process.

• Courtroom Prowess & Legal Vigilance: Secure your family's future with a formidable advocate. Attorney Bogosian's courtroom prowess and legal vigilance promise unparalleled representation, ensuring justice prevails.

• Experience in Complex Family Law Cases: Choose a seasoned professional for intricate situations. With Attorney Bogosian's extensive tenure in the Special Victims and Juvenile Units, she brings years of expertise in diverse cases, including those concerning domestic violence, restraining orders, and child-related matters. Her adept handling ensures tailored solutions for the unique challenges faced by families through the legal separation process.

• Child-Centric Legal Advocate: Safeguard your child's future with an advocate prioritizing their best interests. Attorney Bogosian's expertise in children-related cases guarantees legal proceedings focused on ensuring your family's youngest members thrive.

Types of Divorce Cases We Focus On:

Contested Divorce

In cases where the division of assets or debts is disputed, a divorce is considered contested. At Marin, Barrett, and Murphy Law Firm, our experienced trial lawyers navigate the commencement, discovery, and settlement phases of each contested divorce case. If a reasonable outcome cannot be reached, we are prepared to litigate in court.

Uncontested Divorce

An uncontested divorce occurs when both spouses agree on the division of assets before filing. While seemingly straightforward, having legal representation ensures that every aspect is handled correctly, providing a comprehensive understanding of Rhode Island Divorce law.

Our experienced divorce attorneys address common questions that arise during divorce proceedings and legal separation, offering legal counsel on issues such as:

• Property Division: Handling the departure from the marital home and addressing concerns about one spouse taking everything.

• No-Fault Divorce: Explaining Rhode Island's status as a no-fault divorce state and outlining the requirements for an uncontested, no-fault divorce. 

• At-Fault Grounds for Divorce: Legal grounds for divorce in RI can include (1) impotency, (2) adultery, (3) extreme cruelty, (4) willful desertion for five (5) years of either of the parties, or the willful desertion for a shorter period of time in the discretion of the court, (5) continued drunkenness, (6) habituation, excessive, and intemperate use of opium, morphine, or chloral, (7) neglect and refusal, for the period of at least one year next before the filing of the petition, on the part of the husband to provide necessaries for the subsistence of his wife, the husband being of sufficient ability, or (8) any other gross misbehavior and wickedness, in either of the parties, repugnant to an in violation of the marriage covenant. (http://webserver.rilin.state.ri.us/Statutes/TITLE15/15-5/15-5-2.htm)

• Waiting Period: Clarifying if there is a waiting period for a divorce to be granted in Rhode Island.

• Financial Disclosure: Informing parties about the requirement to disclose all financial information and explaining the purpose of the DR6 Form. The Form DR6, often referred to as the "Statement of Assets and Liabilities," is a mandatory form that must be completed by both parties in a divorce proceeding in Rhode Island. It requires each party to disclose detailed information about their finances, including but not limited to income, expenses, assets, and liabilities. The purpose of the form is to provide a comprehensive financial picture of each party's situation to the court and to each other. This information is crucial for the court to make informed decisions regarding alimony, child support, and the division of marital property. The form ensures transparency between the parties and helps prevent the concealment of assets.

• Child Custody: Defining the concept of a statement listing children and detailing the procedures for handling child custody disputes.

• Legal Timeline: Outlining the typical timeline of a Rhode Island divorce and explaining when financial responsibilities can be altered.

What to expect through the Divorce Process in the Rhode Island Family Court:

The divorce process can vary based on jurisdiction and individual circumstances, but here is a general overview of the typical steps involved in a divorce:

• Filing a Complaint for Divorce: One spouse (the Plaintiff) initiates the divorce process by filing a complaint for divorce, also known as a divorce complaint, with the appropriate court. The Complaint outlines the grounds for divorce, such as irreconcilable differences, and may include initial requests for issues including custody of the child or children, support, and property division.

• Service of Process: The other spouse (the Defendant) must be formally served with the divorce papers, informing them of the divorce proceedings and providing an opportunity to respond. The Plaintiffs attorney usually arranges for a constable to serve the defendant with the divorce papers.

• Answer and Counterclaim: The Defendant has a specific period to respond to the divorce complaint. They may also file a counterclaim if they have additional requests or wish to contest certain aspects of the divorce.

• Temporary Orders: In some cases, either party may request temporary orders to address immediate issues such as child custody, support, or the use of marital property during the divorce process.

• Discovery Process: Both spouses engage in the discovery process, where they exchange relevant information and documents related to assets, debts, income, and other factors. This may involve requests for documents, depositions, and interrogatories.

• Negotiation and Settlement: Spouses, often with the assistance of their attorneys, engage in negotiations to reach a settlement agreement. This agreement addresses issues such as property division, spousal support, child custody, and child support.

• Mediation or Alternative Dispute Resolution (ADR): In many jurisdictions, couples are required to attend mediation or other forms of ADR to attempt to resolve disputes outside of court. A neutral third party helps facilitate discussions and negotiations.

• Court Filings and Hearings: If an agreement is reached, the terms are formalized in a written settlement agreement and submitted to the court. If no agreement is reached, the divorce case may proceed to court hearings, where a judge will make decisions on unresolved issues.

• Final Judgment of Divorce: Once all issues are resolved and the court is satisfied, a final judgment of divorce is issued. This document legally terminates the marriage and includes the terms of the divorce settlement.

• Post-Divorce Matters: After the divorce is finalized, both parties must adhere to the terms of the divorce decree. This may involve implementing a parenting plan, complying with support orders, and fulfilling other obligations outlined in the settlement.

It's important to note that the specific steps and timelines can vary, and some divorces may take longer than others, particularly if there are complex issues or disagreements. Legal representation is often recommended to navigate the process effectively and protect each party's rights and interests.

Rhode Island Divorce Law Information

Our range of services encompasses the full spectrum of divorce-related matters, ensuring that you have a reliable partner by your side every step of the way:

Frequently Asked Questions About RI Divorce Laws:

Navigating the Complexities of Divorce? While we absolutely recommend meeting with a professional to do the uniqueness of each case, here are some of the most frequently asked questions from our clients. 

Question: What does property division entail In a divorce? 

Answer: Property division is the process of dividing the assets and liabilities that a couple accumulated during their marriage. The specific rules and procedures for property division vary depending on the jurisdiction, as family law is largely governed by state or country-specific laws.

Here are some key aspects and considerations in property division during a divorce:

• Community Property vs. Equitable Distribution:

  • Community Property: In some jurisdictions, assets acquired during the marriage are considered community property, and each spouse is entitled to an equal share. This includes income, real estate, and other assets.

  • Equitable Distribution: In other jurisdictions, the principle of equitable distribution is followed. This doesn't necessarily mean a 50-50 split. Instead, the court aims to divide property fairly, taking into account various factors such as the length of the marriage, each spouse's financial contribution, and their respective needs.

• Marital Property vs. Separate Property:

  • Marital Property: Generally, assets acquired during the marriage are considered marital property, subject to division. This includes income, real estate, vehicles, investments, and other assets acquired during the marriage.

  • Separate Property: Property owned by one spouse before the marriage or acquired through gift or inheritance during the marriage may be considered separate property and might not be subject to division.

• Valuation of Assets: The value of assets such as real estate, businesses, investments, and personal property needs to be determined for fair division. This often involves appraisals or assessments.

• Debts and Liabilities: Just as assets are divided, debts and liabilities acquired during the marriage are also subject to division. This could include mortgages, loans, and credit card debts.

• Spousal Support (Alimony): In some cases, one spouse may be required to pay alimony or spousal support to the other. This is often based on factors like the length of the marriage, each spouse's earning capacity, and their financial needs.

• Negotiation and Settlement: Spouses can negotiate a property settlement agreement either on their own or with the assistance of attorneys or mediators. This agreement outlines how assets and debts will be divided, helping avoid a lengthy court battle.

• Court Intervention: If spouses are unable to reach an agreement, the court may intervene and make decisions on property division based on applicable laws and the specific circumstances of the case.

Question: What assets are subject to equitable distribution in a Rhode Island divorce?

Answer: In Rhode Island, there are specific laws, known as Rhode Island General Laws § 15-5-16.1(a), that come into play when a married couple decides to get a divorce. These laws empower the court to distribute a part of one spouse's estate to the other.

Now, when we talk about an "estate," we mean all the things that a person owns – not just the usual stuff like houses or cars but also various types of assets. In this context, the court looks beyond the typical or traditional belongings and includes a wide range of things in the division process.

These nontraditional assets can include:

• Retirement Benefits: This refers to the money that one spouse may have saved up for their future, specifically for when they stop working.

• Damage Awards: If someone gets hurt or experiences harm, they might receive compensation for the damages. This compensation is considered an asset subject to division.

• Stock Options: Some people own parts of companies, and these ownership pieces, called stock options, are also considered when dividing assets.

• Frequent-Flier Miles: Even things like the special points one might accumulate for frequent flying are taken into account. These points can be valuable for travel and are treated as assets.

• Credit Card Rewards: Similarly, rewards earned through credit card usage, such as cashback or points, are considered as part of the overall assets.

In essence, the court ensures that both spouses receive a fair share of everything they own, no matter how usual or unusual those things might be. The goal is to make the division of assets as fair and equitable as possible during the divorce proceedings.

Question: Are there any excluded assets during equitable distribution?

Answer: Yes, according to § 15-5-16.1(b), three types of assets are generally not subject to marital division:

• Premarital Property: Property owned before marriage, although income derived from it and appreciation during the marriage may be considered.
• Gifted and Inherited Property: Gifts from third parties are nonmarital assets, and inherited property, along with its income and appreciation, remains nonmarital.

Question: How does the court handle premarital property during divorce?

Answer: Income derived from premarital property is generally subject to division, while appreciation is considered a marital asset only if it resulted from the efforts of either spouse during the marriage.

Question: What happens to gifted and inherited property in a divorce?

Answer: Gifts from third parties and inherited property, along with their income and appreciation, are considered nonmarital assets and are not subject to division.

Question: Can nonmarital property become marital through transmutation?

Answer: Yes, nonmarital property may become marital through transmutation, which refers to a change in the property's character from separate to marital based on an actual intention objectively manifested.

Question: How are retirement benefits divided in a divorce?

Answer: Retirement benefits are subject to marital distribution. The court may use the present value method, reserve jurisdiction, or deferred distribution method. The choice depends on factors like asset availability, expert testimony, and the parties' needs.

Question: Are there special considerations for military pensions in divorce?

Answer: Yes, military pensions are governed by federal law, and the court can only divide disposable retired pay, not the gross military pension. Additionally, disability pensions may be treated differently, with the retirement portion being divisible in some cases.

Question: What impact does the Tax Cuts and Jobs Act of 2017 have on divorce-related tax deductions?

Answer: The act eliminated tax deductions for alimony or separate maintenance, and alimony is no longer considered gross income to the recipient.

How Do Divorce Laws Impact Your Business and Professional Interest:

Question: How are business interests valued in a divorce?

Answer: Business valuation can be tricky; experts look at factors like the business's history, economic outlook, and more. Check out IRS Revenue Ruling 59-60 for details.

Question: What about owning a share in a business?

Answer: Owning a minority share in a business adds complexity. Cases like Charland v. Country View Golf Club discuss the challenges.

Question: How is a professional's practice valued?

Answer: Degrees and licenses aren't directly divided. Still, there's a distinction between personal and "enterprise" goodwill. Moretti v. Moretti sheds light on this.

Awards and Damages in Divorce Cases:

Question: Can I claim awards for pain and suffering?

Answer: Awards for future loss of wages or medical costs might be separate property. Check out Kirk v. Kirk for insights.

Question: What about severance pay?

Answer: Severance pay can be tricky. Corbin v. Corbin highlights a case where it was considered a marital asset.

Valuation and Miscellaneous Issues in Divorce Cases:

Question: When are assets valued in a divorce?

Answer: Assets acquired until the final judgment are considered marital property. However, unexpected changes can complicate matters.

Question: What if one party depletes marital assets?

Answer: Misdeeds like depleting marital assets can impact the division. Smith v. Smith is a case worth exploring.

Question: How does the court decide property division?

Answer: The court considers factors like the length of marriage, parties' conduct, contributions, health, ages, and more. It aims for fairness, not necessarily equal division.

Question: How are marital assets divided?

Answer: Marital assets are divided fairly but not always equally. Factors like conduct, contribution, and future needs play a role.

Question: What is Temporary Support?

Answer: Temporary support is when the Family Court helps one spouse financially during divorce, including money for living expenses and legal fees.

Question: Can I get support even if I'm not getting a divorce?

Answer: Yes, if you're seeking relief under the law, like alimony, the Family Court can provide temporary support, even if a divorce is not happening.

Question: Why is Temporary Support Important?

Answer: Temporary support helps level the playing field for spouses who may not have enough money to get legal help during the divorce process.

Question: What are Lump-Sum Awards?

Answer: Instead of ongoing payments, the court may order a single lump-sum payment for support. This helps to provide financial help in one go.

Question: What if I Need Help Paying for My Attorney?

Answer: The court can order one spouse to pay the other's attorney fees if they lack the resources. It's not meant to be punishment but to ensure fairness.

Question: Can I Get Help for Education?

Answer: Yes, the court may consider awarding alimony to support education or retraining if it helps a spouse become self-sufficient.

Question: What about Health Insurance?

Answer: Health insurance can be part of the support provided by the court, decided based on factors like income disparity.

What About "In Kind" Support in Divorce Cases in RI?

Question: Can support be more than just money in a divorce case?

Answer: Yes, sometimes instead of giving cash, a court might order other types of support. For example, in a case called Murphy v. Murphy, the court ordered a husband to pay for his wife's transportation fees.

How Much Does it Cost to Hire a RI Divorce Lawyer?

The cost of hiring a divorce lawyer in Rhode Island can vary widely based on several factors, including the complexity of your case, the experience and reputation of the lawyer, and the amount of time and resources required to resolve your divorce. Generally, divorce attorneys in Rhode Island may charge either an hourly rate or a flat fee for their services. Hourly rates can range from $250 to $500 or more, depending on the lawyer's level of experience and the specifics of your case. In more straightforward, uncontested divorces, we may be able to offer a flat fee arrangement, which can provide a more predictable cost structure. Additionally, costs associated with court fees, filing documents, and other expenses related to the divorce process should be considered. It's essential to discuss the expected costs and fee structure during your initial consultation with a local Providence divorce lawyer to have a clear understanding of the financial commitment involved.

Do I Need a Divorce Lawyer in Rhode Island?

While it is possible to navigate the divorce process in Rhode Island without legal representation, especially in simpler, uncontested cases, hiring a divorce lawyer is highly recommended in most situations. A skilled divorce lawyer can provide invaluable guidance and support, ensuring that your rights are protected throughout the process. This is particularly important in cases involving complex issues such as child custody, spousal support, significant assets, or business interests. An experienced lawyer can help negotiate fair settlements, represent your interests in court if necessary, and provide strategic advice to navigate the legal complexities of the divorce process. Additionally, a lawyer can help you avoid common pitfalls, ensuring that legal documents are correctly filed and deadlines are met, which can ultimately save time and reduce stress.

How Do I Choose a Divorce Lawyer?

Choosing the right divorce lawyer in Rhode Island involves several key steps to ensure you find someone who meets your needs and can effectively represent your interests. Here are some tips to guide you in selecting a divorce lawyer:

1. Research and Referrals: Start by researching potential lawyers online and asking for referrals from friends, family, or other professionals who have gone through a similar process.

2. Experience and Specialization: Look for a lawyer who specializes in family law and has significant experience handling divorce cases similar to yours. Consider their track record in cases involving child custody, asset division, and other relevant issues.

3. Consultations: Schedule consultations with a few lawyers to discuss your case. This is an opportunity to ask questions about their experience, approach, and how they would handle your case.

4. Communication and Compatibility: Choose a lawyer who communicates clearly and promptly, and with whom you feel comfortable discussing personal details of your life. A good lawyer-client relationship is based on trust and mutual respect.

5. Cost: Discuss the lawyer's fees and billing practices during the initial consultation. Understanding the cost structure and what services are included can help you make an informed decision.

6. Reviews and References: Check online reviews and, if possible, speak with former clients to learn about their experiences working with the lawyer.

Taking the time to carefully select a divorce lawyer can have a significant impact on the outcome of your case and your overall experience during this challenging time.

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Providence Divorce Information 

Providence Family Court Location
Garrahy Judicial Complex
Second Floor
One Dorrance Plaza
Providence, Rhode Island 02903

Providence Family Court Clerk's Office
Telephone (401) 458-3200
Facsimile (401) 458-3130
Contact persons: Rhonda Salome, Pamela Gesualdi

Marin, Barrett, and Murphy's Providence Divorce Law Office

1000 Chapel View Blvd
Suite 260
Cranston, RI 02920
Phone - 401-228-8271

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Warwick / East Greenwich Divorce Information 

Warwick Family Court Location
Noel Judicial Complex
Third Floor
222 Quaker Lane
Warwick, Rhode Island 02886

Kent County Family Court Clerk's Office
Telephone (401) 822-6725

Marin, Barrett, and Murphy's East Greenwich / Warwick Divorce Law Office

6 Wanton Shippee Rd
East Greenwich, RI 02818
Phone - 401-316-9423

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Newport Divorce Information 

Newport Family Court Location
Murray Judicial Complex
Second Floor
45 Washington Square
Newport, Rhode Island 02840

Newport County Family Court Clerk's Office
Telephone (401) 841-8340

Marin, Barrett, and Murphy's Newport Divorce Law Office

37 Bellevue Ave
Newport, RI 02840
Phone - 401-218-0034

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Marin, Barrett, and Murphy is a family law firm is committed to providing comprehensive legal representation, guiding you through the complexities of divorce and your family law matter. Our offices in Cranston and East Greenwich are conveniently located nearby Providence, Warwick, and Newport and our experienced family law team is ready to assist you. Contact our Rhode Island family law lawyers for a free initial consultation at (401) 228-8271 or email us a [email protected]. Don't face the challenges of divorce alone; let us navigate this journey with you.