David S. Slepkow Articles


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Rhode Island Lawyer Concentrating in Divorce, Family Law, Personal Injury & Child Custody

David S. Slepkow

Rhode Island Lawyer Concentrating in Divorce, Family Law, Personal Injury & Child Custody
1481 Wampanaog Trail
East Providence, Rhode Island 02915
USA

Phone (401) 437-1100
Fax (401) 433-5066

Website www.slepkowlaw.com
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Articles Published by David S. Slepkow


Can Seperate Property Be Transformed into Marital Property?

Can property, which was originally non-marital separate property, be converted to marital property?

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What Constitutes Marital Property Subject to Equitable Distribution?

Equitable division of assets is a multi step process. The first step is for the Judge to determine what property constitutes marital property in Rhode Island. After a judge determines what constitutes marital property, the Rhode Island Family Court judge must apply the factors set forth in 15-16.1. The judge must lastly equitably divide the marital property.

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Automobile/Car Accident Information

How do Rhode Island personal injury lawyers charge for personal injury/automobile accident cases? Should I deal with the insurance adjuster myself without the help of an attorney in order to settle a personal injury or automobile accident case? If I hire a attorney, how does the process work?

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Post Divorce Do's and Dont's

Keep accurate records of child support, alimony, or other property settlement payment(s). In the event that there is a dispute as to whether or not you have made payments, accurate records are important for proof of payment.

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Breathalyzer Refusal Law in Rhode Island

Should I refuse a Breathalyzer test in Rhode Island?

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Slip and Fall and Premises Liability in Rhode Island

In Rhode Island, Premises liability pertains to the area of law, which attempts to hold a real estate owner or the person in possession of the real estate liable as a result of an accident causing injuries to a person who was using the property.

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Forced Sale of Real Estate with Business Partner, Family Member, Significant Others

A partition case in Rhode Island is an equitable, legal action in which a person corporation or legal entity can force the sale of real estate against another co-owner or life tenant.

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Personal Injury Law FAQ's

The author answers important Personal Injury Law Questions.

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Debt and Divorce in Rhode Island

Issues concerning payment of Credit Cards and Marital Debt can be some of the Most difficult issues to Resolve in a Rhode Island Divorce. Everyone wants to divide the the Assets but no one wants to pay the debt. This article explains how debt is assigned in Rhode Island divorce cases.

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Child's Preference and Awarding Custody in Rhode Island

Older children have a very significant impact on child custody and Visitation determinations by a Rhode Island Family Court Judge.

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Marital Property and Equitable Division

What is marital property in RI? What happens to the marital home upon divorce when there are minor children? What is the definition of "no fault" divorce? How does "fault" such as alcoholism, drug addiction or extra marital affairs can effect equitable division of assets. What factors do Rhode Island Family Court Judges use to divide Assets?

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Overtime And Child Support In Rhode Island

There is no standard law or rule in Rhode Island (RI) regarding whether or not a parent's overtime will be used to calculate child support.

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Private School Education & College Education - Child Support FAQS

In Rhode Island 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?

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Equitable Division Assets

Frequently asked questions and answers 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.

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Divorce: Techniques for Discovering Hidden Assets or Unreported Income

What is "discovery" in Rhode Island divorce? How do I get information about my spouse? How do I get information about marital assets and debts?

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Top 8 Arguments that Don't Work in Family Court

These arguments will go in one ear and out the other with most Rhode Island 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.

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Common Law Marriage - Fact Or Fiction

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.

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Is a Nolo Contendere Plea an Admission of Guilt? Is it a Conviction?

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.

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Residency Requirements for a Divorce

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?

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The Intersection between Family Law, Criminal Law and Divorce in Rhode Island

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.

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Guide to Calculating Child Support

The author answers the following questions: How is 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 issue a child support order over the minimum guidelines?

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Child Support Does Not Automatically Terminate in Rhode Island When a Child Turns 18

In Rhode Island, 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.

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Divorce Mediation in Rhode Island- Divorce with Less Stress and Lower Legal Fees

The purpose of the mediation process is an attempt to curtail a long, contentious and expensive court battle in Rhode Island Family Court.

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Child Custody Law in Rhode Island

The Rhode Island Family Court judge utilizes the "best interest of the child" standard in Rhode Island Child Custody and Child Visitation cases.

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Restraining Orders- Where Do I Go to Get One?

The proper Court to file a restraining order depends on the relationship that you have with the person who you are filing the restraining order against. What is the jurisdiction of the Rhode Island Family, District and Superior Court? Are there criminal ramifications for violating restraining orders?

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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.

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No Contact Orders

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.

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Obtaining a New Lawyer

The author 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?

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Uncontested Divorce in Rhode Island

This article 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.

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Child Support Contempt

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.

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How Do I Get My Personal Property When There is a No Contact Order or Restraining Order?

When a person is arrested or a restraining order enters, the accused often needs to obtain his or her clothes and personal belongings.

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Erase & Expunge Dismissed Criminal Records

All dismissals and not Guilty findings in Rhode Island should be expunged! This includes both felony and Criminal Misdemeanor dismissals.

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Criminal Law: No Contact Orders

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.

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Enforceability of Premarital Agreements

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

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Key Components of Prenuptial Agreements

Under what circumstances should a prenuptial agreement be considered in Rhode Island? 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.

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Living Together During Divorce: Nightmare or Necessity?

Issues concerning the marital domicile and real estate are often the biggest issues that divorcing couples must resolve. The issues of real estate and divorce are often intertwined with complex issues concerning child custody, child support, marital division of assets, marital debt and other issues related to a divorce.

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Modify Child Support in Rhode Island

This article addresses motions to modify child support in Rhode Island. 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.

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Child Support Law in Rhode Island

This Extensive article about Rhode Island Child Support 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. 8) Contempt.

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The Intersection of Divorce Law and Real Estate Law in Rhode Island

The author explains the Interaction of Divorce and Real Estate Law.

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Criminal Prosecutions from A-Z

What is a misdemeanor? A misdemeanor is any offense punishable by up to one year in Jail.

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The Role of the Guardian Ad Litem in Family Court in Rhode Island

This article explains the role of the Guardian ad Litem in Rhode Island Custody, Visitation and placement cases. In Rhode Island (RI), A guardian ad litem is a individual who represents the hypothetical best interest of the minor child in a child custody, visitation or other type of Family Court case. The Guardian is not a lawyer for the minor child! Article by A Rhode Island Child Custody Lawyer and RI Divorce Attorney.

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Bail & Arraignment in Rhode Island

If a person is arrested for a criminal misdemeanor in Rhode Island there are several potential scenarios.

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Who will Win the Battle for the Dependency Exemption in a Rhode Island Divorce and Family Law Case?

In Rhode Island who is entitled to claim the minor child or children as Dependency Exemptions for Federal tax Purposes? If there is no indication in a Divorce Final Judgment or Decision Pending Final Judgment or Property Settlement agreement as to who is entitled to claim the children as Dependency Exemptions then automatically the parent with Physical Placement / Physical Custody of the minor children is entitled to claim the child or children for Federal Tax purposes.

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10 Important Steps to Take If You Are Injured in a Car Accident

If you are involved in a Rhode Island Car Accident, there are many important steps you can take to protect your rights and help you get the best settlement possible. Please follow the steps set forth below.

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Divorce and Health Insurance in Rhode Island

Rhode Island enacted the Rhode Island Health Insurance Continuation Act. This act allows some ex spouses to remain on their ex husband or ex wives health insurance after Final Judgment of Divorce. However, this act has been watered down by recent case law out of the Federal Court District of Rhode Island.

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Divorce Trials are Nearly Extinct in Rhode Island

Why are there so few divorce trials in Rhode Island? If you visited Providence Family Court for an entire month walking from courtroom to Courtroom you probably will not see one divorce trial. If you are lucky you would see 1 or 2 Rhode Island Divorce Trials.

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Rhode Island Divorce From Soup to Nuts

This article explains the Rhode Island Divorce process from pre-filing considerations through trial including Rhode Island divorce law strategy.

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The Guardian Ad Litem For the Minor Child

This article explains the role of the Guardian ad Litem in Rhode Island Custody, Visitation and placement cases. In Rhode Island (RI), A guardian ad litem is a individual who represents the hypothetical best interest of the minor child in a child custody, visitation or other type of Family Court case. The Guardian is not a lawyer for the minor child!

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Rhode Island Divorce Law: Alimony in RI

This Article answers the following questions concerning Rhode Island Alimony: Who Qualifies for Support? What Factors must a Rhode Island Family Court Judge Look at to determine whether a person qualifies for RI Alimony? If a person qualifies for alimony, what factors must a judge look to determine the duration of alimony and the amount of alimony?

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Rhode Island Child Custody Law: The Best interest of The Child Standard

The Supreme Court of Rhode Island has been consistent about delineating the factors that The Rhode Island Family Court must analyze in determining Rhode Island Child Custody Cases. Child Custody battles in Rhode Island usually occur in the context of Divorce cases, Post Divorce cases or Miscellaneous Petitions between non married parents seeking custody.

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