What does it mean to be a domiciled inhabitant in a RI or MA divorce proceeding?

Rhode Island and Massachusetts handle divorce petitions very differently, but for the purpose of establishing jurisdiction (the proper court venue and the right to hear your case) both systems operate from the standpoint that at least one of the parties must be a physical resident, or a domiciled inhabitant, of the state in which you are filing.

For instance, if you live in Rhode Island with your spouse, and at least one of you has done so for at least 1 year, then you are eligible to file your divorce petition in the RI Family Court. If you or your spouse has just moved to RI however, and the time that either of you has lived here is less than a year, you will need to either live in RI for a complete year and then file your petition, or file for your divorce in the state where you resided at the time that you were married.

The same rules of residency apply for Massachusetts divorce proceedings, although the structure is a bit different. In order to file a MA divorce petition, you must have been living within the State when the grounds for divorce occured. If you were not living in the state at that time, then either you or your spouse will need to maintain a permanent, physical residence in Massachusetts for one year prior to filing for your divorce.

In both states, there is no requirement that you remain in the state after the filing of your divorce petition; merely that you have lived there for one year beforehand, and live there on the date that you file the petition.


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If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.

Social Media Technology Called Into Play in Family Court Cases

Bedridden Man Uses Skype to Testify Against Wife

By Jacob Gershman

Seeking an extension of a protection order against his estranged wife, an elderly Illinois man needed to show up to court and testify. The problem was that he had suffered a stroke and felt too weak to get out of bed. But he was able to testify anyway — thanks to Skype and an iPad.

Emil Kogan, according to his attorney, answered questions from his bedroom by talking into his laptop. On the other end of the video call was his attorney, who brought her iPad into the courtroom so the judge and the other lawyer could see him.

There were some technical glitches. It took a while for Mr. Kogan, who was assisted by another former wife, to lower the lid of his laptop and get the camera to focus on his face — not the wall above his head. “They didn’t quite know how the camera worked,” his attorney, Marie Fahnert, told Law Blog.
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If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.

RI Family Court Child Custody Case Result

August, 2012:

Attorney Morris filed a motion for sole legal custody. 

Pursuant to divorce decree, parties had been awarded joint legal custody.  Mother granted physical placement of the minor child.  We represented mother, who, after several contempt hearings and post-final motions, was awarded sole legal custody with visits at her discretion and pursuant to the recommendations of the child’s counselor.

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If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.

Divorce Case Result

July, 2012:

Attorney Morris represented the husband/father in divorce.  

His wife was seeking placement of the children and alimony.  Thanks to the efforts of the Law Office of John E. MacDonald, the husband is granted placement of children and is not obligated to pay wife alimony.

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If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.

Family Law Client Testimonial

Elisha Morris, Family Law Specialist Attorney Testimonial

“Thanks does not seem like enough after all you've done to help me these last two years...would never of been able to do it without you Elisha!!! I am in such awe of you!!! You thought me to stand strong and tall through it all !!! I admire you so much! Thank you from the bottom of my heart. ~ M.L.”

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If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.

Thank You from a Family Law/Divorce Client

Recent RI Divorce Client Thanks the Law Office of John MacDonald:

"Divorce is a dark, messy process, but Elisha Morris of John MacDonald Law Offices was a bright spot in it all. She was efficient, professional, and encouraging to me, yet firm, assertive, and not afraid to do what it takes to win in the courtroom. She went above and beyond, making sure I was comfortable with the process and confident in her. She took on an unusual case against a difficult opponent with courage and competence, making sure I was represented in the best possible manner. I would highly recommend her." - Lynn

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Lower Interest Rate on Child Support in MA

Child Support Issues

A current decision mandated by Massachusetts lawmakers reduces the interest and penalties on any support arrears owed by non-custodial parents by 50 percent, the article below states.

A unique study performed by the Urban Institute recently discovered that in states where there is no interest or penalty for late payments, support payments increased by six times, compared to those states who do impose penalties showing an increase in arrears instead.
The full release follows below.

Massachusetts' Interest Rate on Late Child Support Reduced 50 Percent

After advocacy from fathers' and family organizations, the Massachusetts Department of Revenue (DOR) is reducing the interest rate for past-due child support by 50 percent. The modification decision was made after a DOR Hearing on Reducing Interest on Overdue Child Support.

At the hearing, members of Fathers and Families, an organization that seeks family court reform to support equal rights and responsibilities for mothers and fathers, presented personal stories and empirical information on the negative effects of interest charges on past-due child support.
Challenging Child Support Interest Rates

One Fathers and Families member, John Natale, questioned why the interest rate was so high when he could refinance his mortgage at 4.65 percent. Another member, Chris Jenson, related that he once fell behind on child support by $375. After making the overdue $375 payment, he still owed $1,240 in interest and penalties, which is more than three times the amount he originally owed.

Hearing attendees also presented information on child support arrearages in states that do and do not charge interest on past-due child support. A 2007 study from the Urban Institute found that arrears in states that did not charge interest on late child support increased by six times from 1987 to 2006. In the same time period, arrears in states that did charge interest increased tenfold. This study demonstrates that charging interest on past-due child support does not reduce arrearages.

A Poverty Problem

The Urban Institute also found that arrearages often exist because the paying parent is in poverty. The organization's investigation revealed that 70 percent of all people in arrears on child support earn less than $10,000 a year. In the current economic downturn with high unemployment rates, it is challenging for some people to make child support payments; adding penalties and charging high interest rates makes it even more difficult.

The lowered interest rate on overdue child support in Massachusetts will help parents pay and catch up on child support. If you have questions about child support or how the interest rate change may affect you, contact a child support attorney in your area.

Copyright at Massachusetts Family Law Group

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Domestic Assault and Domestic Violence Need Attention

Domestic Assault Issues

Domestic assault can have serious and far reaching effects on families of all types, and from all backgrounds of society. The damaging influence of being a member of a family where there is a standard set for violence in the home, is felt throughout life in the form of an inability to manage one's own affairs, fear of relationships and commitment, and the potential to become a violent transgressor in deference to either a parent or sibling who set the example when you were younger.

Many times domestic assault arises because of a simple lack of communication in the home, and a misunderstanding of how to handle and direct anger when it is felt as an emotion. A clearer understanding and some key tools for handling anger are typically a good start to helping heal the family unit, and eventually helping to reunite the members into a more healthy environment shared together.

There are situations however, where domestic assault is a result of drug or alcohol abuse and the violent behavior that often accompanies their use. If this is the situation, seek immediate intervention for yourself and any children that share the home with you in the form of drug or alcohol counseling, family support, or detoxification programs to help you put your life back together, and protect your loved ones from any harm that you may do to them and later regret.

It is only too easy to lose your temper and cause serious, irreparable harm to the people you love in a moment of heated temper or aggression. Husbands and wives have died, harmed their children, and themselves, only to calm down later and be crushed and devastated by their actions against their loved ones. There is no other way to combat domestic violence than by opening yourself to counseling for the issues that are driving you to behave violently in the first place.

If you are brought before the court on criminal charges for domestic assault, you will not only be sentenced to jail time in most instances, but will also be required to attend to the issues beneath the aggression and anger and seek help for yourself. Don't wait until you need the services of a criminal defense attorney to preserve your right to freedom, if you are prone to domestic violence, seek help immediately.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Custody Dispute Issue of Parental Alienation

Family Law Issues

There isn't a lot of concern outwardly expressed about the behavior of parental alienation, yet it is a very real and accurate description of a pervasive form of child abuse typically displayed by parents going through a divorce or custody battle.

According to Dr. Douglas Darnall, Ph.D. and author of Divorce Casualties: Protecting your Children from Parental Alienation,” the definition of this syndrome as something that occurs almost exclusively during the process of child custody disputes. The syndrome gets its name from the fact that the child who is the subject of the custody matter, is often brainwashed into behaving and speaking out in a disagreeable fashion toward the other parent, without provocation or justification.

In situations where there is obvious justification, neglect or abuse by the parent in question, then parental alienation does not exist and the situation would warrant an abuse investigation instead. However, in many child custody matters, one parent will launch a confusing and controlling campaign aimed at turning the child against the other parent so as to solidify them gaining exclusive or sole custody of the child.

The motive of the instigating parent has both conscious and unconscious roots, and the child may even have motives that are linked to the same instant gratification desires inherent in all children who are left without competent parental guidance. The process has disastrous effects on the child, and can often rope the uninvolved parent into the arena as well in an attempt to counter-act the damage being done by the instigating party.

It is important to remember that parental alienation is a form of child abuse and brainwashing, and without justification of actual child abuse from one party to another that would substantiate the alienation of a child from their biological parent, must be dealt with as soon as the behavior is suspected in the other parent or the minor child. If you suspect someone of parental alienation, make it your priority to discuss the situation with your divorce and custody attorney immediately.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Family Court Hearing vs. Trial

Why the Latter is Fading From Use

When someone says they are going to court for their divorce, the instant association is the vision of a trial. Nothing could be further from the reality however, as divorce trials have all but faded into obscurity with the very limited exception of cases where the parties cannot come to agreements over substantial assets, custody issues, alimony, child support or other marital separation situations.

A typical court appearance by the parties to a divorce action is commonly referred to as a hearing, not a trial. The parties in this instance are going before the Judge to have the merits, or circumstances of fact, reviewed by the Court, and a determination made as to an outcome if possible. This is done with a mind toward avoiding divorce trials; which can be very expensive, not to mention time consuming for everyone involved, including the family court system.

It is in the best interest of all parties to any domestic relations action to have at least some basic intent to settle the divorce prior to having to go to trial. And if the parties are unable to reach an equitable solution even after trial, then in most cases the Judge will impose the Court's settlement anyway.

In the Massachusetts Probate and Family Court system, the parties are not even allowed the hearing process until they have completed all aspects of reaching a resolution and discover, and have come to at least a workable settlement agreement between them.

Finally, there is nothing more draining than having to endure the proceeds of a Family Court Divorce trial for everyone involved. However, and in particular, children in these instances do very poorly having to witness their parents continued inability to reach a peaceful conclusion to something that is already causing them substantial pain.

Remember to seek the advice and counsel of a qualified domestic relations and family court attorney prior to taking any legal action on your own in the RI Family Court.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.