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Carl P DeLuca
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Carl DeLuca’s Answers

581 total


  • Is my marriage legal if my husbands 1st & last name is completely different than his birth certificate?

    I was married in a different state than where I reside. I discovered months later my husband's 1st name was not the name he told me. Now recently I discovered his birth name is completely different, including his last name, than what he is now goi...

    Carl’s Answer

    This is a difficult situation because it seems that you intended to be married, so you might be considered married by common law, even if not by virtue of the official marriage you participated in. However, there may be elements of fraud here which would vitiate a marriage of any kind.

    The problem is that you need to be certain. You can't have this hanging over your head. Therefore, one of the avenues you need to consider is to file for divorce to either obtain the divorce, or to have the divorce denied on the grounds that you were not legally married in the first place, or to obtain some other decision that will either terminate or void this marriage.

    I think you will definitely need an attorney for this. Please feel free to contact me or one of the other attorneys here on Avvo.

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  • Will I be found in contempt?

    I need some help and advice. My ex gave me my kids and I have primary custody with her having visitation every other weekend and Sunday's. She recently put a restraining order against me under false accusations saying I had someone following her a...

    Carl’s Answer

    Unfortunately, you have an obligation to follow all lawfully entered orders. If the orders conflict, you need an attorney to sort it out for you. I couldn't give you better direction than that without reviewing both the RI and MA cases, but you really need to not violate the restraining order and not allow yourself in a position where she can accuse you of violating it. I think this is a case where you really have to have representation.

    Feel free to contact me or any of the other Avvo Family Court attorneys. Good luck. You are in a difficult situation.

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  • I was recently served a summons for an account that i closed and paid in full 7 years ago. How do i dispute this?

    I closed a credit card account 7 years ago and paid it in full. It is shown on my credit report as a closed account paid with a 0 balance. I was sent a collection letter by the credit card company a few months back. I advised them that the account...

    Carl’s Answer

    • Selected as best answer

    You dispute it with the evidence you just described, but you must not ignore that summons. You have to answer that case no matter what they tell you or you may be defaulted.

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  • Is there a lawyer who will take on a filshie clip suit

    My name is Amanda In 2009 I had gotten filshie clips to prevent pregnancy, right after the procedure i notice a lot of pain in my right side which at the time I figured was normal due to the surgery, as the years passed I have always had problems ...

    Carl’s Answer

    Amanda, I'm very sorry this happened to you. But, please don't provide any more information online. You should speak to an attorney in a confidential setting.

    I would be happy to speak with you and there are several other attorneys on Avvo that will speak with you about your case. Please contact one or more of us directly to arrange for a confidential consultation.

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  • What do I do if my husband left the house?

    He called to say he was leaving. We live together and we have a house where I pay the mortgage completely. Things are not well. We have one child age 7.

    Carl’s Answer

    I'm sorry that this has happened.

    What you should do would depend on a variety of things, including what you want to happen and your financial condition. I think it makes sense to meet with one or more attorneys to discuss your options which would include everything from reconciliation to divorce, depending on your situation.

    Feel free to contact me and any of the other Family Law attorneys from RI here on Avvo.

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  • What is she entitled to in this situation because I really dont want to lose my home or my belongings

    I am in a marriage we have only been married for almost 3 years I am a disabled veteran all of my income is VA disability we live in Rhode Island if we were to split up I am wondering what would be split if anything at all . Our house is bought wi...

    Carl’s Answer

    The general rule is that everything acquired during a marriage is split equally. If something is owned by one party prior to the marriage and not put into both names, than the parties split any increase in value of the property that occurs from the date of marriage to the divorce.

    That is the very general rule, but there are exceptions that would depend on the specific facts of the case. In the case of a short, three year marriage, you may just leave the marriage with what you brought it. Or, if there was abuse, the abused party may end up with more than 50%. You should probably consult with an attorney. Feel free to contact one or more of us here on Avvo directly.

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  • What are my options for divorce and our baby? I am very confused and don't know how to protect myself from what he may do.

    I moved to London in October to marry a Portuguese man working there. I qualified for the right to work, but this can take up to 6 months to be granted so I was completely financially dependent on my husband. Soon after we married, his behavior ch...

    Carl’s Answer

    I am sorry that you have had such a difficult experience. Based on your description of his behavior, there does not seem much chance or reason for reconciliation. You would have to live in RI continuously for one year before the courts here would have jurisdiction to grant you a divorce, though there may be other options.

    Based on the timeline in your question, you have not yet given birth. By the time you have given birth you should obtain a court order granting you sole custody and child support. You should consult with an attorney directly and not disclose any more online. Feel free to contact me or one of the other qualified attorneys here on Avvo for a consultation.

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  • If joint custody is awarded, how is the deciding factor determined if both parents completely disagree on an issue? Is there som

    Joint custody in Rhode Island

    Carl’s Answer

    Generally, the parent with placement decides if there is an impasse. If it is a significant issue, the parents might mediate or litigate the issue if they can't agree and neither party wishes to concede. If the parents had a counselor in place they may utilize the counselor to assist.

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  • Please my question is this, If a couple came into the united states from am African country, can do be divorced here and whats t

    Please my question is this, If a couple came into the united states from am African country, can do be divorced here and whats the cost. Thanks.

    Carl’s Answer

    In order for the divorce to be done in Rhode Island one of them needs to live here for at least one year for the Rhode Island Family Court to have the jurisdiction to divorce them.

    The cost of a divorce depends on the complexity of the case including whether or not their are minor children, real estate, retirement assets, etc., and whether or not the divorce is contested. If you contact one or more of us here on Avvo I am sure you can get a price range or estimate.

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  • Moving out of state but only 15 miles away

    I was living in Rhode Island at the time of my divorce, however due to finances, had to place my house for sale and moved 15 miles over the border into Massachusetts. My ex still lived in Rhode Island. I notified him of the move, however 6 months ...

    Carl’s Answer

    I don't know that the move is a big issue, but I would need to read the orders to be sure. On the other hand, it is good that the father wants to spend more time your child. Is that not something you can work out with him?

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