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.

Family Court Restraining Order and Child Visitation Case Result

September, 2012:  

This firm represented father in defending against a family court restraining order as well as a motion to suspend his visitation with the minor child.  

Result: 
Family court restraining order: dismissed
Motion to suspend visitation: denied
All visits with child (unsupervised) to resume immediately.
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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.

Child Custody Case Result

August, 2012: 

This firm filed an emergency motion to change placement, for permission to relocate, and for sole legal custody for the father.  

Previously, the mother was granted joint legal custody and physical placement of two minor children per the parties’ divorce decree.  This firm represented the father, who through the filing of an emergency motion, was able to obtain sole legal custody and physical placement of two minor children and who was permitted to relocate out of state in a post-final decision.

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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.

Child Support Case Result

October, 2012:

Attorney Morris filed a motion to register and modify a foreign judgment on mother’s behalf. The purpose of this motion was to register an out-of-state judgment awarding her child support. After decree is registered in Rhode Island, modification substantially increases the amount that she is entitled to receive.

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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.