- DivorceIf the parties dispute any issue, however, a contested divorce must be filed instead. A contested divorce takes much longer to conclude, and involves a great deal more than a nominal divorce proceeding. The parties may need to visit the courthouse for more than one hearing, in some cases even a trial. The necessary documents can be complicated and difficult to understand without the assistance of an experienced Rhode Island divorce attorney. The entire process can take years to conclude.
- Child SupportA divorcing couple may file what is known as a nominal divorce if they agree to the division of the marital estate (comprised of any property, tangible or intangible, acquired during the marriage), custody of minor children, visitation, and child support. The process for this type of Rhode Island divorce involves filing the necessary documents with the clerk of the Family Court, serving the paperwork on the other party (defendant), appearing for a hearing, and finalizing the divorce within a specified time frame. If all goes well and as agreed, the parties can be legally divorced within three months from the date of the hearing.
- Child Custody and VisitationRelocation cases, where separation of young children from a parent will potentially and practically end a parent-child relationship, are highly complicated, and require an experienced and dedicated lawyer. Rui P. Alves is a Massachusetts and Rhode Island divorce, child custody and visitation lawyer, who has handled relocation cases in Massachusetts, Rhode Island, and internationally. He can be reached at 888-273-9903 or ralves@bglaw.com for a free initial consultation about your legal needs. A native of Portugal, Rui speaks fluent Portuguese and Spanish.
- Premarital AgreementA premarital or prenuptial agreement is a written and binding agreement or contract between prospective spouses made in contemplation of marriage. To learn more about the basics of premarital or prenuptial agreements, please read my prior article entitled “Premarital, Prenuptial…
- GuardianshipAs part of the Roger Williams Law School Pro Bono Collaborative, and in partnership with Bradley Hospital in Providence, Rhode Island, several firm attorneys provide legal services and representation to families who file guardianship petitions in Rhode Island Probate Court on behalf of children approaching the age of 18 with severe and profound disabilities.
- Spousal SupportAlimony/Maintenance. As with other aspects of a divorce settlement, calculating amounts and determining if alimony is appropriate can be confusing. It is in your best interest to hire a Rhode Island divorce attorney experienced in dealing with alimony as part of a divorce agreement.
- Criminal DefenseBarton Gilman’s criminal defense practice, led by attorney Rui P. Alves, has a successful track record of providing results-oriented criminal defense representation for our clients. If you have been arrested or are currently being investigated for charges, our experienced team can help you navigate the often complex state and federal criminal justice systems in Rhode Island and Massachusetts.
- DUI/DWI
- Wrongful DeathBarton Gilman attorneys have also established a position of prominence in defending nursing homes and long-term facilities against claims of wrongful death, abuse, neglect, or mistreatment. Our attorneys are also thoroughly versed on the complex web of state and federal rules, regulations and pending legislation that impact our clients in this highly regulated industry.
- Traffic ViolationsWe have successfully represented clients in all aspect of criminal defense matters ranging from capital offenses to simple misdemeanors and traffic violations, including...
- Sex Crimes
- Robbery
- White Collar Crimes
- MisdemeanorsWhether you have been charged with a serious felony or a minor misdemeanor, Barton Gilman brings the same expertise and dedication to your case. From the moment you hire us, we will begin to formulate a plan of defense based upon the facts of your case and the controlling law. We then provide realistic advice on what you can expect to encounter from the moment you enter the courthouse, until your case is resolved. Our knowledge extends beyond the law to local procedures and day-to-day courthouse developments.
- Embezzlement
- Drug CrimesDrug crimes, including possession, possession with intent to deliver, delivery, trafficking, cultivation, and manufacture of cocaine, marijuana, crack, ecstasy, heroin, methamphetamine, etc.
- Assault
- Murder
- Homicide
- Restraining OrderBarton Gilman attorneys have obtained numerous equitable remedies on behalf of clients, including temporary restraining orders, injunctions, reach and apply orders, trustee process and declaratory relief.
- Money LaunderingThe Corporate Transparency Act requires the disclosure of corporate ownership with the goal of preventing money laundering and the financing of terrorism. This Act passed in 2021. This Effects LLC.s, Corporations and Other Businesses of All Sizes Most U.S. corporations,…
- Manslaughter
- Corporate LawWe counsel start-ups, small and mid-size businesses on a wide array of corporate law matters, including strategic choice of business entity, obtaining funding, and business succession planning. We serve as general corporate counsel to business entities – including corporations, limited liability companies, partnerships, limited partnerships, limited liability partnerships and professional corporations. We routinely conduct risk management and insurance audits to ensure businesses have fully addressed their insurance coverage needs.
- Business FormationW. Parish Lentz focuses his practice on estate and trust planning and administration, as well as business formation and ongoing representation of corporate clients, including non-profit entities. His estate and trust planning practice includes litigating disputes in state court, including…
- Business Disputes
- Limited Liability CompaniesCreating long-term solutions for our clients’ business problems is Barton Gilman’s goal in all business and commercial disputes. We have a long history of representing businesses, corporations, and individuals in mergers and creation or dissolution of corporations, limited liability companies (LLCs), partnerships and other business entities. Additionally, our ability to take on all types of litigation adversaries with experience and confidence has resulted in numerous successes both in the courtroom and through mediation and arbitration proceedings.
- Intellectual Property
- Antitrust
- Wrongful Termination
- Employment DiscriminationBarton Gilman attorneys regularly defend clients in federal and state court trials, at arbitrations, mediation and in matters before administrative agencies in Massachusetts and Rhode Island. Our many successes include obtaining lack of probable cause findings in employment discrimination cases filed with the Massachusetts Commission Against Discrimination, the Rhode Island Human Rights Commission and the U.S. Equal Employment Opportunity Commission, as well as defending Department of Labor wage and hour disputes.
- Employment ContractWith an extensive practice in employment litigation, Barton Gilman represents corporations and professionals in lawsuits and provides counsel in litigation avoidance, compliance and employment contracts.
- Employment LitigationBarton Gilman attorneys are recognized throughout the legal and business communities for their insight and experience in employment litigation. We regularly conduct seminars for human relations professionals and are featured speakers at industry conferences.
- Non-compete Agreement
- Severance Agreement
- Sexual Harassment
- Premises LiabilityFor many years, clients from a broad spectrum of industries have turned to Barton Gilman attorneys for representation in cases involving premises liability. Our clients include several of the nation’s largest retailers with locations in Massachusetts and Rhode Island; commercial and residential property owners; real estate holding companies and trusts; and, hospitals and nursing homes.
- Construction LitigationIn the construction arena, litigation resulting from accidents on the job and contractual disputes is inevitable. Barton Gilman lawyers represent international construction companies and well as regional clients involved in private and public works construction projects in Massachusetts, Rhode Island and other New England states. Our attorneys have a proven track record of success at trial representing property owners, contractors and subcontractors in construction litigation arising from all types of residential, commercial and infrastructure projects such as interstate highways, road and bridge construction.
- Real Estate Transactions
- Easement
- Land Use and ZoningUsing a combination of our specialized knowledge in real estate, condominium and land use law, Barton Gilman attorneys help clients reach their business objectives through litigation and trial, as well through alternative dispute resolution (ADR). We routinely represent real estate agents, agencies, appraisers, condominium trustees and trusts in professional liability and D&O claims, as well as before state agencies in board matters.
- Property DamageIn one notable case, the firm helped a large commercial construction company defeat a seven-figure property damage claim involving claims of alleged environmental contamination.
- Condominium Law
- Employment ImmigrationHelping people to work in the United States is part of our mission. U.S. immigration law allows certain foreign nationals to work in the United States based on an occupation in the United States. There are both temporary and permanent employment-based immigration options. We have worked with many individuals to help them obtain work authorization and legal residency in the United States through employment. Some options allow for the foreign national to obtain a green card based on their employment, while others are temporary in nature and only allow for the foreign national to remain in the United States for a specified period. We can help you obtain a green card based on your employment, or work in the United States with a temporary work visa. We also counsel foreign nationals seeking to reside in the United States through investment.
- Green Cards
- Work Visas
- Personal InjuryThousands of individuals across the U.S. each year are harmed because of the negligence, carelessness or recklessness of others. Our country’s system of law is based on the principle that the injured parties in these cases should be fully and fairly compensated for their physical and emotional injuries. In cases of complex personal injury, Barton Gilman’s team of trial attorneys is dedicated to helping individuals and their families obtain just compensation for death or serious personal injury caused by others.
- Medical MalpracticeObtaining a first impression ruling from the Rhode Island Supreme Court affirming an order by the Rhode Island Superior Court that a Massachusetts physician sued in Rhode Island should have a Massachusetts law apply to the claims against him, including his right to a medical malpractice tribunal. On remand, the case was stayed while arrangements for conducting the tribunal were made. The claims against our client were voluntarily dismissed without payment of any settlement.
- Estate PlanningBarton Gilman’s trusts and estates attorneys provide carefully-tailored and highly-personalized advice to individuals and families in planning for the ownership and distribution of their assets, both during life and at death. By implementing innovative strategies for protecting our clients’ estates – through the use of tax elections, disclaimers and other sophisticated planning techniques – we are able to achieve family goals and objectives. We also believe in the importance of holistic approach to achieving those goals, and we will therefore work closely with our clients’ other professional advisors, including accountants and financial planners. In particular, we provide guidance on the following...
- Wills
- TrustsSpecial Needs Trust or Supplemental Needs Trust to preserve the assets of an individual who may qualify for needs tested programs such as Medicaid or Social Security Income which provide valuable support. These trusts allow for payments to be made in support of the beneficiaries while preserving their qualification for valuable governmental benefits.
- Probate
- ForeclosureThis is particularly the case in Connecticut, where we are well versed in the procedural methods particular to each and every housing court, with the Connecticut Attorney General’s office, and with lenders and tenants in compliance issues arising from the Federal Protection of Tenants in Foreclosure Act.
- Tax Law
- Debt CollectionThere are a number of consumer protection laws designed to prevent the businesses that engage in fraud or specified unfair practices from gaining an advantage over consumers. We assist consumers who are dealing with debt collectors in matters related to Fair Debt Collection Practices Act (FDCPA), Lemon Law cases, Fair Credit Reporting Act, Telephone Consumer Protection Act, as well as the Unfair Trade Practices Act.