Rhode Island Lawyers Protecting Your Interests in Divorce Law and Insurance Law

Family Law and Divorce

In Rhode Island, most divorces are granted on the basis of irreconcilable differences that have triggered the marital breakdown. However, Rhode Island also allows fault-based divorces, which means that whichever spouse seeks the divorce needs to prove that the other spouse’s behavior caused the divorce. During a divorce, property division is a commonly disputed issue. A judge is required to divide the spouses’ marital property equitably (fairly), but complexities may arise with regard to whether an asset is marital property and whether a deviation from a 50/50 division may be appropriate.

Also, issues related to children, such as child support or custody, often create heated controversies during a divorce. When arranging a custody plan, the child’s well-being is of paramount importance. Our Rhode Island divorce attorneys can help you make sure that your voice is heard in pursuing a custody arrangement that is appropriate for you and your child .

Estate Planning

Estate planning may entail drafting a number of different instruments to dispose of your property, including wills and trusts. Wills are legally binding documents that allow you to designate how you would like your possessions to be distributed after your death. A will needs to be signed or acknowledged by you in front of two or more witnesses who are present at the same time and who can attest and subscribe the will in your presence. In the will, you can name an executor to pay debts and taxes and then transfer what is left according to your wishes. The executor needs to be at least 18 and of sound mind. Although a trust is more complex and more expensive than a will, the benefits can be recognized after death and can actually save your loved ones the time-consuming and expensive probate process. As opposed to a will, the trust beneficiaries will receive their inheritance immediately, or in accordance with the mandates of the trust.

Real Estate

Real estate matters can deal with sales, transfers, property owner’s rights, title issues, development, zoning, land use, adverse possession claims, encroachments, foreclosure, residential and commercial closings, and litigation. For many people, the sale or purchase of a home is the most expensive transaction of their lives. An attorney can help with all of the aspects of a sale or purchase.

Among other things, a buyer should choose an attorney to perform a title examination. As part of the title examination, the deeds and records will be reviewed to determine issues of title, including whether the seller owns the property and whether anyone else has a lien, encumbrance, or other claim against the property. For example, the title examination may uncover unpaid taxes or an easement granted to a neighboring property.

Insurance Claims

When you purchase insurance, you assume that it will take effect if needed at some point in the future if certain adverse events happen to you. However, many people have difficulty securing the coverage for which they paid. Insurance companies are businesses, and although they owe a duty to act in good faith toward their policyholders, they often put profits ahead of their duty. Insurance bad faith lawsuits may be brought when an insurer leaves a policyholder without coverage when it is owed.

It may be bad faith for an insurer to deny a valid insurance claim, delay on the payment of a valid claim, pay too little for a valid insurance claim, try to change policy terms while a claim is being evaluated, or fail to properly investigate a claim. In addition to relief under a bad faith statute, you may also have a claim under the Unfair Claims Settlement Practices Act or a claim for unfair or deceptive consumer practices.

Hire a Knowledgeable Attorney to Guide You Through the Legal Process

Whether you are dealing with a civil matter or facing criminal charges in Rhode Island, it is important to consult an experienced attorney. At Bilodeau Capalbo, LLC, we have close relationships with our clients and a strong reputation for client satisfaction. Our Rhode Island divorce lawyers have offices in West Warwick and South Kingstown, Rhode Island as well as in Hartford, Connecticut. Call us at 401-300-4055 or complete our online form to arrange an appointment.