Rhode Island's Trusted Experienced Family Law Attorney
Areas of Expertise in Rhode Island Family Law
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Divorce can be one of the most stressful and challenging times in your life. Therefore it is extremely important that you hire a divorce lawyer with years of experience in Rhode Island Family Court. I have dedicated my law practice to helping Rhode Island residents navigate their divorce for almost two decades. By dedicating my practice to family law, I provide my clients with a full understanding of all of the components in divorce, namely, child custody, child support, claims for alimony, division of marital assets and debts. I firmly believe that by fully informing my clients of all of aspects involved in a Rhode Island divorce, provides them with the tools they need to obtain an advantageous outcome in Family Court. Learn more about hiring Brenda L. Fortune as your Rhode Island Divorce attorney by clicking the link below.
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Your children are the most important people in your life. The possibility that a Judge will make decisions about the custody of your child can be very frighting. This is why you need an experienced Rhode Island Child Custody Lawyer who understands and will explain to you the Rhode Island Child Custody Laws. A Rhode Island Family Court Judge is required to determine what is in the best interest of a child when rendering a decision on whether custody will be sole or joint. It is always beneficial if the parties can agree on custody arrangements. However, if you can't agree, you want an attorney that will present all the relevant best interest of the child factors that is required to be consider under a child custody decision. Learn more about hiring Brenda L. Fortune as your Rhode Island Child Custody attorney by clicking the link below.
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On October 01, 1987 Rhode Island adopted a child support formula and guideline which factored the income of both parents to provide the children with the greatest possible support. This is commonly known as the Income Shares Model. The desired outcome for the income share model is to obtain the same proportional financial support for the children as they would have received if their parents lived together. Over the years, the child support formula and guideline has been amended to account for the rise in cost of living for Rhode Island residents. It is important to note that the Rhode Island Child Support Formula and Guideline is to serve as a floor or base and is not to be construed as a ceiling in orders of child support. Learn more about hiring Brenda L. Fortune as your Rhode Island Child Support attorney by clicking the link below.
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In Rhode Island, Child Placement is a legal concept detailing where your children will live on a day to day basis. When children have parents that no longer live together, the children will have two homes. One at each parents residence. However, if you can not agree on placement, a Rhode Island Family Court Judge will decide which parent's home will be the children's primary residence. This decision by the Court must be made using factors related to the best interest of the children standard. Child Placement is often the most contested area in Rhode Island Family Court. Therefore, it is vital to your case that you hire a lawyer that has years of experience applying the best interest of the child factors to your case. Learn more about hiring Brenda L. Fortune as your Rhode Island Child Placement attorney by clicking the link below.
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If you have not been awarded Physical Placement of your children, the Rhode Island Family Court will awarded you all reasonable rights of parenting time. Commonly known as visitation. In most cases parenting time is unsupervised, however there are situations which may arise that requires a parent to be supervised while enjoying their parenting time. If you are seeking to establish or modify a parenting time schedule in Rhode Island, you must present a case to the court reflecting a proposed parenting time schedule that reflects the best interest of your children. Detailing every best interest of the child factor to your Family Court Judge is paramount to your case. Only trust an attorney with years of experience with your child visitation case. Learn more about hiring Brenda L. Fortune as your Rhode Island Child Visitation attorney by clicking the link below.
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If you are questioning the paternity of your child, the Rhode Island Family Court has the jurisdiction to promptly order a paternity test. Pursuant to Rhode Island General Law 15-8, Family Court has the authority to Order a parent to submit a child to a blood or tissue test to determine paternity between the child and father. Paternity testing is a vital tool for helping you resolve financial and emotional issues for your child. Issues such as, child support, parenting time, and change of last name for the child. You should not wait to hire an experienced attorney to help you with the determination of paternity for your child. I have helped both Mothers and Fathers with petitions in Rhode Island Family Court to resolve paternity, and I can help you too. Learn more about hiring Brenda L. Fortune as your Rhode Island Child Paternity attorney by clicking the link below.
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Alimony is the financial support that a spouse may be entitled to after the divorce. If a spouse is not financially self-supporting and self-sufficient, the Rhode Island Family Court Judge may awarded rehabilative alimony for a reasonable length of time. This length of time is for the purpose of a spouse to become financially self-supported and self-sufficient. The Rhode Island General Law 15-5-16 details all the factors a Rhode Island Family Court Judge must consider when rendering a decision for Alimony requests. Hiring an attorney with years of experience detailing whether or not a spouse is in need for alimony is paramount. Do not make the mistake of hiring an inexperienced attorney. It could cost you thousands of dollars if you do.Learn more about hiring Brenda L. Fortune as your Rhode Island Alimony attorney by clicking the link below.
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A Guardian ad Litem is an individual who is appointed by the Rhode Island Family Court to assist a Judge in rendering a decision involving the best interest of a child. It is very important to understand that a Guardian ad Litem is not an attorney for the child. In fact, some Guardian ad Litem's are not attorneys. The purpose of a Guardian ad Litem is to interview and collect information to assist the Judge. A Guardian ad Litem presents the information they obtained in the form of a written report and testimony to the Court. To become a Guardian ad Litem in the State of Rhode Island you must undergo specialized training. I have had the privilege of assisting the Rhode Island Family Court as a Guardian for many years. Learn more about hiring Brenda L. Fortune as your Rhode Island Guardian ad Litem attorney by clicking the link below.
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.Domestic violence is a very serious criminal matter. The Rhode Island Family Court may considers domestic violence matters in the following areas: granting of an order for protection from abuse (commonly known as a restraining order), equitable division marital of assets and debts, and for child custody and parenting time matters. It is important to know that the Rhode Island Family Court does not handle criminal actions for domestic violence. Allegations of domestic violence can make a large difference in the financial outcome of your case and affect child custody issues. On many occasions, I have represented clients with domestic violence allegations. These types of cases requires an attorney with the utmost compassion. Learn more about hiring Brenda L. Fortune as your Rhode Island Domestic Violence attorney by clicking the link below.
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In Rhode Island a marital assets is an asset acquired during the course of the marriage. Assets acquired prior to the marriage, inheritances, gifts and several other kinds of assets are not subject to division by the Family Court. Once the Judge defines an asset as marital, it will be subject to an equitable division between the parties. The division percentage of the marital assets will be within the sound discretion of the Family Court Judge. This is why it is very important to retain an attorney with the skill to inform you of which of your assets are marital, and which assets are not. Failure to retain an knowledgable attorney could negatively affect a fair and equitable division of your marital assets. Hire a skilled attorney. Learn more about hiring Brenda L. Fortune as your Rhode Island Marital Assets attorney by clicking the link below.
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In Rhode Island marital debt is also subject to division between the parties. The Family Court Judge is afforded great discretion when assigning marital debt. The division of marital assets and debts are a three step process. First the Court must determine which debts are marital, second consider the factors in Rhode Island General Law 15-5-16.1, and lastly distribute the debt between the parties. Just as with marital assets, the percentage of division between the parties is within the sound discretion of the Family Court Judge. Retain an attorney with the experience to make valid arguments regarding the division of your marital debt. Do not end up paying more marital debt than you should. In today's economy no one can afford more debt. Learn more about hiring Brenda L. Fortune as your Rhode Island Marital Debt attorney by clicking the link below.
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Marital Settlement Agreements are binding contracts. It should detail all aspects regarding the financial settlement of your divorce. The parties must sign the contract in the presence of a notary, and the Family Court Judge must approve the contract as fair and equitable before the contract is binding. The financial portion of the contract will only be modifiable by agreement of the parties once it is approval by the Court. For this reason, it is critical to hire an attorney that has drafted hundreds of marital settlement agreements. Often the draft of my marital settlement agreements are over thirty pages in length. I do not leave any asset undeclared. Failure to obtain a clear and concise marital settlement agreement could cost you thousands of dollars. Do not risk it. Learn more about hiring Brenda L. Fortune as your Rhode Island Settlement attorney by clicking the link below.
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In Rhode Island Family Court, restraining orders are called Protection from Abuse. An individual may make a claim on behalf of themselves and their children if they have been subjected to any of the following by a family member: threat or harm with a weapon; attempted to cause physical harm; caused physical harm; placed you in fear of imminent harm; caused you to engage involuntarily in sexual relations by force, threat of force, or duress; stalked, cyberstalked, and/or harassed you. The burden is on the Plaintiff to present a case regarding one of the above conditions. Violation of an Order for Protection from Abuse involves criminal sanctions. Once an Order has been entered your local police department will be notified of the Order. Learn more about hiring Brenda L. Fortune as your Rhode Island Restraining Order attorney by clicking the link below.
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Prenuptial agreements are binding contracts and are a useful tool when you are seeking to protect assets acquired during the course of the marriage. The Rhode Island Family Court recognizes properly executed Prenuptial contracts between parties. Pursuant to Rhode Island General Law 15-13-3 you may enter into a pre-nuptial agreement for any rights, distribution or control of any property, conditions regarding alimony, issues involving wills or trust, issues regarding life insurance, choice of law, and any other matter which does not violate public policy or a statute imposing a criminal penalty. Conditions regarding Child Support may not be adversely affected in pre-nuptial contracts. Contact me if you seek to enter into or review a prenuptial agreement. Learn more about hiring Brenda L. Fortune as your Rhode Island Prenup attorney by clicking the link below.
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Post divorce litigation often arises when a party fails to follow the obligations of a marital settlement agreement, fails to abide by a Court Order, or a parent is seeking to modify Child Custody, Placement, Parenting Time or Child Support. Post divorce litigation is extremely common. It is important to know that if you are seeking to modify any prior Court Orders regarding your Child, you must present the court with facts showing a substantial change in circumstances that would require a modification of your previous Order before the Court will modify it. You will need to retain an attorney that is familiar with what rises to the level of a substantial change is circumstances that would render any modification. I have filed hundreds of post divorce motions. Call me for a free consult. Learn more about hiring Brenda L. Fortune as your Rhode Island Post Divorce attorney by clicking the link below.
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