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Important family court forms and documents

DR-6 – Statements of Assets, Liabilities, Income, and Expenses:
Family Court Assets, Liabilities, Income, and Expenses

Child Support Guidelines:
RI Child Support – Schedule of Basic Obligations

What is the difference between a contested divorce and a nominal or uncontested divorce:

A contested divorce happens when two parties cannot come to an agreement. Instead of agreeing to terms, the parties leave the decision up to a judge at a trial.  At trial both parties testify and call witnesses. The judge decides all issues including: child custody, placement, visitation, and distribution of assets.

A nominal or uncontested divorce involves negotiation. Both parties need to agree on the terms of a settlement. A divorce settlement is called a marital settlement agreement (MSA).  The marital settlement agreement lays out all terms of the divorce. A judge will listen to the parties at a nominal divorce hearing. The judge ensures the divorce terms are fair or equitable.

Property Settlement Agreements or Marital Settlement Agreements are the result of negotiation between the parties.

At the divorce hearing the parties submit the Marital Settlement Agreement as an exhibit. The agreement becomes part of the court record.

Each party, and their attorneys, sign the agreements. The Marital Settlement Agreement can only be changed at some future date through further negotiation or agreement between the parties.  It remains a contract that cannot be undone by one parties’ wishes or actions.

The Family Court has mediators on staff that can help couples work through issues.  Parties can also seek out mediators on their own.

Mediators are skilled negotiators who work with both sides to reach common ground.

Sole Custody means that one parent (or one caretaker) has the power to make decisions on behalf of a child or children.

Joint Custody means that decision making on behalf of a child or children is shared by more than one parent or caretaker.

Custody is not the same as Placement. Placement is where the child lives.

These distinctions are extremely important – and very complicated. Call us today to make sure you and your children get the representation they deserve.

Placement is where a child lives. Placement can be with one parent. Or Placement can be shared by more than one parent.

Placement also affects child support. In almost all cases, the party with Placement receives child support.

In Rhode Island Child Support is determined through a formula.

The formula involves income, insurance, child care costs, and other factors.

Child support usually goes to the party with Placement of the minor child or children.

Failure to pay child support can result in contempt of court or even arrest.  Call today for more information.

Putting Your Family First

Your family law case is our priority. We can help you resolve any family law matter.

Our attorneys handle divorce, separation, child custody, and child support cases in Family Court.

Family law matters are emotional and draining. We strive to make the process simple and understandable.

Our attorneys have helped clients resolve every type of family law matter:

  • Divorce
  • Custody and Placement
  • Child Support
  • Relocation
  • Adoption
  • Out of state divorce/custody agreements
  • Restraining Orders

We work to negotiate successful results. However, our attorneys prepare every case as if it will be a trial.

We put you and your family first. Call today to move forward.

Recent Success in Family Law

Family Law – Washington County

Two parties, a former husband and wife, came to our offices with a unique issue. Due to a clerical error almost ten years ago, one of the parties wages were being garnished. The garnishment had continued for years. Through diligent work with the Family Court Clerk’s office and the Department of Human Services, Callaghan & Callaghan was able to resolve the matter to our client’s benefit.

Family Court – Relocation

A Callaghan & Callaghan client recently sought the ability to move out of state with two minor children. Relocation with children can be extremely difficult to obtain due to a high standard. After extensive negotiation, court dates, and mediation, the matter was successfully resolved on behalf of our client.

Family Court – Divorce

Callaghan & Callaghan recently helped a client negotiate favorable terms in a divorce. Through pre-trial negotiation with opposing counsel we were able to navigate potentially difficult situations for the benefit of our client. Issues included child custody, child support, mortgage refinancing, and pension distribution.

Family Court – Visitation/Child Support

A single mother recently came to Callaghan & Callaghan seeking a modification of a Family Court order in an effort to help her children. After hearing the Family Court awarded our client all of her requests including a child support modification, visitation, and custody.

Family Court and Supreme Court Appeal

Callaghan & Callaghan prevailed in an appeal on a child custody matter before the Rhode Island Supreme Court. After years of litigation tangentially related to the custody matter in other courts, one parent sought to be reunified with children. Callaghan & Callaghan argued that despite the outcome of separate litigation and cases, a Family Court's earlier ruling remained in effect.

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