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Divorce - General, Laws and Process
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Despite the Duclos ruling, many Rhode Island Employers allow an ex spouse to remain on health insurance coverage after Final Judgment of Divorce. Many employers are prohibiting ex spouses from coverage after final Judgment of Divorce relying on the Duclos case.
Issues concerning the marital domicile and real estate are often the biggest issues that divorcing couples must resolve.The issues of real estate and divorce are often intertwined with complex issues concerning child custody, child support, marital division of assets, marital debt and other issues related to a divorce. This article only applies to Rhode Island Divorce.
If I allow him visitation, he is going to kidnap my children? This argument typically does not work because the judges have heard it a million times before.
A Rhode Island Criminal Domestic Misdemeanor or Felony Case is often intertwined with complex issues concerning Family Law, Child Custody, Child Support, Visitation, Restraining Orders and Divorce. A Rhode Island Family Law Case is often intertwined with Criminal Law issues.
Can the Rhode Island Family Court defer a sale of the marital home for the child/children in a divorce case? If one of the parties requests a deferred sale of the home in a Rhode Island (RI) divorce, then the court must determine whether or not it is economically feasible for the person who is living in the home to pay the mortgage, liens, taxes and insurance on the home until the home is sold.
In a divorce there are generally four major categories of things to deal with, namely (1) child issues, (2) equitable distribution issues (assigning assets and debt), (3) spousal support (alimony) issues, and (4) "temporary" issues while the divorce is pending, such as who can live where, who can use the car, who pays the bills.
The DR-6 (a-b) "Statement of Assets Liabilities Income Expenses" is a form that all family court parties are required to fill out and file when filing complaints for divorce. separation, miscellaneous complaints, or when an answer or modification request is filed.
Rhode Island has a "track" system for divorces, meaning that a divorce is either on the "Nominal Track" or the "Contested Track." The party filing the divorce first may choose either track from the beginning. If they choose the nominal track, they will be given an initial (and hopefully last) hearing date that will be approximately 11 week from the date of filing.
Rhode Island is a "no fault state". Does that mean the assets are always divided 50% to the wife and 50% to the husband in a divorce? No. A no fault divorce in Rhode Island simply means that a fault grounds are not necessary in order to obtain a divorce in Rhode Island. In other words, all the parties have to prove to obtain a divorce in Rhode Island is irreconcilable differences that led to the breakdown of the marriage.
This article explores the different types of uncontested divorce in Rhode Island and explains the process of obtaining an uncontested divorce. Uncontested divorces should be much less expensive then contested cases. It is a bad idea for someone to try to represent themselves without a Rhode Island lawyer in a divorce or family law matter.
This article explains the Rhode Island divorce process from pre- filing considerations through trial including Rhode Island divorce law strategy. The first step in obtaining a divorce from your spouse is finding a Rhode Island attorney who you are comfortable with. Many attorneys give free initial consultations while others charge for the first consult. I have always taken the position that the initial consultations will be free.
Fiction- If I live together with my boyfriend for over seven years then we are automatically common law married. This is a huge urban myth that is completely and totally false! In fact, a couple could live together for 35 years in Rhode Island and still not be common law married! However, another couple could live together for 7 days and be common law married.
If all issues concerning divorce, child support, child custody, equitable division of assets, alimony, visitation and other issues are resolved between the parties, the earliest possible date for a nominal divorce in Rhode Island (a nominal divorce is a uncontested divorce in which everything is agreed to) is approximately sixty five to seventy days after the plaintiff files a complaint for divorce.
Keep accurate records of child support, alimony, or other property settlement payment(s). In the event that there is a dispute as to whether or not you have made payments, accurate records are important for proof of payment.
Rhode Island is an equitable division state; courts divide property equitably. This does not mean equally but fairly. The court considers several factors if the parties have not agreed beforehand on distribution, including the duration of the marriage, each spouse's contribution to acquiring and maintaining the property, the best interests of the children if applicable, contribution of one spouse to the earning capacity of the other, and income, among other things.
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