Family Law

• Divorce
  This RI divorce law article, Rhode Island Divorce from A-Z, was authored by Rhode Island divorce lawyer, David Slepkow. This article explains the entire divorce process from finding a Rhode Island divorce lawyer through a full trial on the merits.
• Child Support
  Rhode Island divorce lawyer A “one-size fits all” strategy will not work in Rhode Island family law or in Providence Family Court. A Rhode Island Family Law Lawyer must be adept at helping clients in both highly contentious litigated matters and amicable out of court settlements. Our firm balances these interests and makes every effort to accommodate out of state clients who are unable to come to Rhode Island for client meetings. Please review the frequently asked questions about Rhode Island Child Support and Post Divorce Do’s and Don’ts prepared by Rhode Island Family Attorney, David Slepkow.
• Child Custody and Visitation
  David Slepkow is aware that some clients want to work out an amicable settlement with a spouse while other clients want aggressive legal representation. David can be a firm negotiator, a deal maker or a zealous advocate on behalf of his clients, depending on the client’s desires. Rhode Island Child Custody Attorney David Slepkow has authored many informative, extensive and in depth Rhode Island Law Articles related to Rhode Island Family Law.
• Adoption
• Paternity
• Premarital Agreement
  Rhode Island Divorce Lawyer David Slepkow also represents clients in the following types of RI Family Court Matters: motions to modify or terminate child support, contempt, family law, alimony, adoption, visitation, child custody, dcyf, relocation out of state, paternity, prenuptial agreements, out of state family law issues, criminal law matters as well as alimony and restraining orders. RI divorce attorney David Slepkow will represent you aggressively to protect your legal rights in Providence Family Court.
• Guardianship
  We provide legal representation for any legal issues under the jurisdiction of the RI and MA Probate Courts including, testate, intestate, guardianship, change of name and admittance of foreign wills. We write wills and trusts with all proper formalities in both RI & Mass. We have standard wills for single persons, married couples, couples with minor children who need contingent trusts, persons with disabled children who need supplemental needs trusts, and those people in second marriages with or without children from prior marriages.
• Spousal Support
  In some cases, the  divorce attorney in Rhode Island will file a motion for temporary orders when the divorce complaint is filed. A motion for temporary orders should be filed if the husband or wife is in need of temporary resolution of issues while the case is proceeding. These temporary motions typically request temporary child support, payment / contribution to daycare, contribution to medical bills, alimony, payment of household expenses, payment of the mortgage, taxes and insurance.
• Child Abuse
  These types of emergency motions typically deal with issues concerning abuse of a child, dissipation or unreasonable spending of marital assets, domestic violence, child abuse or a plethora of other potential emergencies. If there is domestic violence involved in which you are in imminent fear of physical harm or have been abused or threatened with abuse please discuss with your RI divorce attorneys the benefits of filing a separate case called a Complaint Protection from Abuse! Please note that the Complaint Protection from Abuse is very different from an Emergency motion.

Criminal Law

• Criminal Defense
  (Expungement is a process in which a person can have certain eligible Rhode Island criminal records expunged off their record. In order to obtain an expungement of a Rhode Island criminal record a person must file a motion to expunge. I strongly advise that you contact me or another Rhode Island criminal law attorney to determine whether a criminal record can be expunged.)
• DUI/DWI
  In Rhode Island, any plea to drunk driving, driving under the influence, DUI/ DWI is a conviction under Rhode Island law. A breathalyzer refusal plea of guilty or “admitting to sufficient facts” is not a criminal conviction because a breathalyzer refusal is a civil case. For more information concerning Rhode Island drunk driving / dui and breathalyzer refusal law please see Should I refuse the breathalyzer?
• Wrongful Death
  In the event of a fatal motorcycle / bus crash  or  fatality in a  RI tractor trailer accident, the executor of the estate of the deceased person would need to file a wrongful death case in Providence Superior Court or the applicable county seeking damages for the beneficiaries of the estate on account of the deadly crash. Only the executor or administrator of the estate of the person killed in an auto or motor vehicle collision can seek compensation on behalf of the statutory beneficiaries as a result of the fatal motorcycle accident.
• Traffic Violations
  Many motor vehicle accidents are caused by the person at fault speeding. A person could be speeding even though they are technically not above the speeding limit. This is sometimes called conditions requiring reduced speeds and is enumerated in RI Law 31-14-1 (§ 31-14-1 “Reasonable and prudent speeds. – No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care. Violations of this section are subject to fines enumerated in § 31-41.1-4.”)
• Misdemeanors
  It is a very bad idea for a person to represent themselves (pro-se) in a criminal case. Please note that this article only applies to Rhode Island misdemeanor offenses and does not apply to any other states!
• Assault
  If the underlying charge is for a domestic offense such as domestic assault, vandalism, or domestic disorderly conduct then the defendant will be ordered to have no contact with his wife, girlfriend or the victim as the case may be. Upon entering a plea or being found guilty of a crime with domestic implications then the defendant will be ordered to complete a batterers intervention program which involves attending classes. The defendant can also be ordered to pay restitution to the victim if applicable and obtain substance abuse or mental health counseling. Failure to attend the Batterers classes or failure to pay restitution or failure to attend counseling could be considered a technical violation of probation or a filing. If the defendant violates the no contact order then the defendant will be charged with a separate offense of violating a no contact order as well as violating the conditions of the filing or probation, as a result of the communication.
• Probation Violation
  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. If a person violates his/ her probation by being arrested for a new crime then the person may be held in Jail at the ACI as a probation violator. After ten days a person has the right to a hearing. At the probation violation hearing, the prosecutor must only convince the judge so that the judge is “reasonably satisfied” that the person violated the probation by committing the new offense. Also, the person will be prosecuted for the new offense as a separate charge from violating the probation. There is a good chance that if a person is violated for his probation that the probation which was originally not a conviction will now ripen into a conviction.
• Shoplifting
  A misdemeanor in Rhode Island and Providence Plantations is any offense punishable by up to one year in Jail. Typical misdemeanors are: driving under the influence of alcohol / drunk driving (dui / dwi), shoplifting, domestic assault, second (2nd) offense refusal to take the breathalyzer, driving on a suspended license, writing bad checks, domestic vandalism, simple assault and battery, domestic disorderly, reckless driving, disorderly conduct, etc. There are different rules that apply to driving with suspended licenses and this article does not fully address those provisions.
• Restraining Order
  Be careful! There may be a separate restraining order that issued from Rhode Island Family Court as a result of a complaint protection from abuse in a divorce or family law matter. The Family Court has jurisdiction to issue restraining orders for up to three (3) years. The Family Court can issue restraining orders for persons who are married, are divorced, are family members or who have children in common as well as other jurisdiction set forth in the statute. There may also be a restraining order issued by a Court of another state or another Court. Violation of Family Court Complaint protection from Abuse restraining order is a crime in itself and also may constitute a violation of probation, bail and violation of conditions of a filing.
• Forgery
  The owner’s title policy insures against loss or damages sustained by the owner by reason of historical discrepancies such as forgery, undisclosed but recorded prior mortgages, bankruptcies, liens or divorces, deeds not properly recorded, missing wills or heirs, and inadequate property descriptions.
• Hit and Run
  If the hit and run driver cannot be found or he  has no insurance you may have an uninsured motorist claim. If you have uninsured motorist protection with your own insurance carrier, you may be entitled to make a claim against your own insurance carrier. If the drunk driver does not have enough insurance coverage to pay the damages, lost wages, pain and suffering and =medical bills that you incurred

Business and Corporate Law

• Corporate Law
  Click here for answers to more of our most frequently asked questions about business and corporate law or call (401) 213-8073 to discuss your situation with an experienced attorney.
• Business Disputes
  The Rhode Island corporate and business attorneys and lawyers at Slepkow law are involved in all aspects of business law in Rhode Island and Massachusetts (MA). We can assist you in creating limited liability companies, sub S and C corporations, general partnerships and sole proprietorship. Typically, we advise our clients which business entity will best serve their needs; we register the entity in either the State of Rhode Island, the Commonwealth of Massachusetts (MA), or both. We also draft the documents necessary to form the entity, including bylaws, minutes of initial meetings, stock certificates and operating agreements. We obtain a federal tax identification number for the entity and we prepare the required annual reports. We also advise shareholders and partners on their rights and responsibilities as a member of a corporation or partnership in RI and MA. We draft Rhode Island and Mass. buy-sell agreements between the members, shareholders or partners of business entities. The practice of corporate law ultimately involves building a relationship and trust between the client and its attorney. We encourage clients to keep us informed of developments and changes in their business plans. We are always available for consultation. We earn the trust of our corporate clients.
• Limited Liability Companies

Employment Law

• Workers Compensation
  No. but if you were injured in a work/ employment related accident we would be happy to refer you to a Top RI Workers Compensation Attorney. Likewise, if you are disabled and unable to work as a result, we will refer you to one of the best Social Security Disability lawyers in RI. (Social Security disability includes both federal SSI and SSDI claims.)
• Wrongful Termination
  Attorney David Slepkow is a member of the bar in both Rhode Island (RI) and Massachusetts (MA). David is honored to have earned a “superb” rating from AVVO (10 out of 10). He was a member of The Federal Court First Circuit District of RI from 1998-2014. He is currently honored to be a member of the United States Supreme Court Bar. David Slepkow is an experienced Rhode Island divorce lawyer, with over 25 years experience in Providence Family Court.  David won an important precedent setting divorce case at the Rhode Island Supreme Court in a 5-0  unanimous decision in favor of his client. David Slepkow has substantial experience representing clients in family law matters.  David recently won an important decision, after an 8 day trial, in Rhode Island Family preventing the wrongful termination of parental rights. David Slepkow concentrates in...

Property Law

• Real Estate Litigation
  Click here for answers to more of our most frequently asked questions about real estate law or here for questions about zoning and land use. Still have questions? Call (401) 213-8073 to discuss your situation with an experienced attorney.
• Premises Liability
  Rhode Island is the only state in the country which allows evidence of subsequent remedial measures solely to prove liability in a premises liability or other negligence causes of action. Why do the other states prohibit subsequent remedial measures to establish liability? In, Raymond v. Raymond Corp., 938 F. 2d 1518 – Court of Appeals, 1st Circuit set forth the rationale for the majority position by stating that rule 407  “is based on the policy of encouraging potential defendants to remedy hazardous conditions without fear that their actions will be used as evidence against them.
• Land Use and Zoning
• Landlord-Tenant Disputes
  At Slepkow, Slepkow & Associates, we have landlord tenant attorneys capable of representing either landlords or tenants in all eviction and landlord-tenant matters. Our attorneys have done hundreds of Rhode Island evictions and landlord-tenant cases.
• Property Damage
  If you are in a corporate venture with another person, at the very least you should have a partnership agreement indicating who owns the business and how decisions are made in the operation of the business. Another crucial aspect of the agreement will be determining what happens upon the death of one of the owners. Often, it is preferable to set up a corporation or limited liability company so that your personal assets will be protected from the debts of the partnership and for any claims for injuries or property damage resulting from the other partner.

Health Law

• Personal Injury
  The Rhode Island personal injury lawyers at Slepkow Law are committed to ensuring aggressive representation concerning car accidents, truck crashes and motorcycle accidents.  We help clients get top dollar settlements. Slepkow Law has a Family legal tradition since 1932.  David Slepkow was voted a best three lawyer in Rhode Island. A Rhode Island personal injury attorney at our firm will help you get a high dollar settlement, even if the motorist at fault for the accident is an uninsured motorist.
• Medical Malpractice
  A top RI injury lawyer  and the best Rhode Island personal injury attorney will need to be conversant in Obamacare laws and regulations. “The passage and enactment of the Patient Protection and Affordable Care Act (ACA), often colloquially known as “Obamacare,” has the potential to radically change how victims pay for future medical expenses in cases involving personal injury or medical malpractice.”
• Auto Accidents
• Social Security Disability
  If you need legal representation in workers compensation for work related injuries or social security disability (ssi/ ssdi) then we will refer you to a top RI workers compensation lawyer or a top RI SSDI attorney.
• Dog Bites
  There are thousands of different types of premises liability claims in Rhode Island including Bouncer Assaults, Negligent Security, Elevator and Escalator Accidents, Construction Accidents, falls on stairs or in stairwells, electrical fires, landlord tenant accidents, porch collapse, dog bites, swimming pool accidents etc. It is important that you retain one of the best premise liability attorneys or Rhode Island personal injury attorney if you are injured in an accident.

Trusts and Estates

• Estate Planning
  Request for production of documents is a list of requested documents that must be responded to within the applicable time period. I find this discovery tool to be particularly successful in obtaining documents and records concerning: pension plan documents, 401k records, retirement accounts, health insurance records, stock accounts, estate planning documents, bank statements, real estate documents etc.
• Wills
  Click here for answers to more of our most frequently asked questions about elder law or here for questions about wills and probate. Still have questions? Call (401) 213-8073 to discuss your situation with an experienced attorney.
• Trusts
  A person’s estate will not need to be probated if the person did not have assets in her name alone at the time of death. Therefore, one way to avoid probate is to own all of your assets jointly with another. The better approach is to create a living trust.
• Power of Attorney
  Every person over the age of 65 should have the following documents prepared: a will, a health care power of attorney and a financial power of attorney.
• Probate

Finance Law

• Foreclosure
• Tax Law
  It is critical that a will is written precisely without ambiguity because when it is being read by its intended audience, the probate court, the testator is not alive to clarify disputes. A will can be one of the simplest documents in your estate plan for the attorney to draft, but precision and experience are essential to the will’s quality. Some of the most complex documents in your possible estate plan are trusts. The beauty of a trust is that you can include any language you desire. Therefore, it can be as wordy, articulate, precise and thorough as you may wish. It can have separate provisions for all imaginable future outcomes and it may speak well into the future even after the creator’s death. Trusts may be revocable or irrevocable, living or testamentary, single or joint, tax planning or marital, and supplemental or Crummey.