Rhode Island Divorce FAQS
Should you get a divorce lawyer? Can you wing it yourself? I think in almost all cases it’s worth getting a divorce lawyer, but it is possible to do it yourself with minimum risk – if you have nothing to lose in the first place. But if you have children, a house, retirement assets, support concerns, etc., it is certainly worth getting a divorce lawyer to represent you in your divorce. For a more detailed response: Is It Worth Getting A Divorce Lawyer?
The judge must decide which assets are marital property. In order to make that determination, the judge first excludes the following three categories of property from the marital estate: (1) Property held by a party prior to the marriage; (2) Property or an interest in property which has been transferred to one of the parties by inheritance at any time; and (3) Property or an interest in property which has been transferred to one of the parties by gift from a third party at any time. Any property that does not fall into the above categories AND has been acquired during the marriage by either party is generally considered part of the marital estate even if it’s in only the name of one of the parties. For a more detailed explanation: How Does the Rhode Island Family Court Divide Property During a Divorce?
Child support is calculated using a formula that is created and periodically revised by the Rhode Island Family Court. The process of calculating child support is started when either a divorce case is started or when a parent files a motion for child support. It is best to start this process with an experienced divorce lawyer, but you can use the child support guidelines yourself if you would like to get an estimate. yourself. For more information: How Do RI Family Courts Calculate Child Support?
Rhode Island is an alimony state, though alimony is not what it used to be. The days of lifetime alimony or long-term alimony are nearly gone. Alimony is awarded on a case-by-case basis, with most of it being awarded on a short-term basis. The goal of alimony is to help the partner with a lower income get back on their feet after a divorce. Your divorce attorney can tell you if you qualify for alimony. For more information: 3 Ways the Alimony Law Affects You
While most Rhode Island divorces are granted on the grounds of irreconcilable differences, other grounds for divorce include Adultery by either spouse; Abuse – either physical or emotional; Substance abuse – drug or alcohol; and, Living separately for a period of time and/or desertion by one spouse for an extended duration. For more information: What are the Grounds for a Rhode Island Divorce?