WHAT
ARE THE GROUNDS FOR DIVORCE?
A divorce in Rhode Island, in the majority of cases,
is granted on the grounds of irreconcilable
differences which have caused the breakdown of the
marriage. There are various other grounds for
divorces such as adultery or extreme cruelty which
can be discussed with your attorney.
WHAT
IS THE RESIDENCY REQUIREMENT FOR OBTAINING A DIVORCE
IN THE RHODE ISLAND FAMILY COURT?
Divorce proceedings cannot be initiated unless you
or your spouse have resided in Rhode Island for a
period of one year.
WHAT
DO I NEED FOR THE FIRST VISIT TO MY LAWYER'S OFFICE?
To expedite your case, you should take your marriage
certificate, copies of your most recent tax return,
a picture of your spouse, a list of your family
obligations and a list of questions you have for
your lawyer. In addition, you should know the
address, both residence and work of your spouse,
together with all family members' place and date of
birth.
WHAT
KIND OF ISSUES WILL I DISCUSS WITH MY ATTORNEY
DURING THE FIRST VISIT?
The separation of a married couple is one of the
most traumatic occurrences in one's life. An
attorney will address both family and emotional
issues, including consideration of marriage
counseling or other steps to help save the marriage;
assisting you as a parent in meeting the needs of
your children; and handling financial matters such
as real estate and personal property. You should
also be sure to discuss, and fully understand, the
attorney's fee arrangement at the first meeting.
WHAT
IS A RESTRAINING ORDER AND WHEN MIGHT I NEED ONE?
Restraining orders are usually designed to prevent
abuse of a spouse or to prevent removal of marital
assets. Restraining orders may be applied for when
necessary in cases of physical abuse, transfer of
assets, etc. You can apply for a restraining order
directly to Family Court without the help of a
lawyer.
WHAT
ABOUT CHILD SUPPORT?
The Family Court of Rhode Island has adopted a child
support formula and guideline which is based on the
incomes of both parents. Your attorney will be able
to estimate the amount of support which might be
ordered by the Court.
HOW
ARE MARITAL ASSETS DIVIDED?
Marriage is a partnership so an important issue in
divorce is division of marital assets. Most cases
are divided equally between spouses, but depending
upon the specific facts of the case, there may be a
different distribution of marital assets.
HOW
IS ALIMONY GRANTED?
There are basically two types of alimony.
Rehabilitative alimony is designed for short,
definite periods of time, usually to help a spouse
get back into the job market. In certain cases,
because of age or disability, a court has the right
to award alimony indefinitely.
WHAT
SHOULD I KNOW ABOUT CUSTODY AND VISITATION?
The well-being of the child is a primary
consideration in awarding custody. Your attorney
will discuss with you the potential consequences of
a contested child custody matter. If at all
possible, visitation should continue between the
parties even if they are separated, pending the
hearing in the Family Court. The Family Court can
set specific times that the non-custodial parent
will have visitation. A custodial parent's failure
to comply with a visitation schedule may result in a
change in custody.
CAN
DECISIONS MADE ABOUT CHILD SUPPORT, CUSTODY AND
VISITATION BE CHANGED?
Even after your divorce has been finalized, the
Family Court has the authority to change existing
child support, visitation and custody arrangements.
WHEN
DOES MY DIVORCE BECOME FINAL?
After filing a divorce complaint and the serving of
a summons, the matter may be scheduled for hearing
as an uncontested divorce after sixty (60) days. The
divorce is not final until a final judgment has been
signed by a Family Court Judge. It will not be
signed until three months (3) and one day (1) have
passed following your divorce hearing. Contested
divorces take substantially longer to be heard and
decided depending upon the matters to be resolved.
Conclusion
We hope we have answered some basic questions about
our office and your case. We appreciate your
suggestions, questions, and thoughts, because our
goal is to meet and solve your legal needs as
efficiently as possible. We value your satisfaction
and confidence.
Contact us today by
Email
or call us today at (401) 788-0600 to speak
with a representative from our firm..
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