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Divorce: Custody, Support and Asset Division In Rhode Island, the most common ground for divorce is irreconcilable differences which have led to the irremedial breakdown of the marriage. Six other grounds exist for divorce and we will discuss these with you when we meet. We will prepare a complaint and related documents which will be filed in the Family Court to start the process. A complete picture of your financial situation will be reviewed in detail to analyze support issues along with an early evaluation of possible settlement of the issue of distribution of assets, according to the theory of equitable distribution. We will alert you to which assets are subject to distribution, and the standards used to measure each parties' contributions to the marriage. In Providence County, a tracking system is used for all filed cases. If a matter is expected to be uncontested, a divorce hearing is scheduled by the Court Clerk when the complaint is filed - this date is 77 days after the date of filing. If the matter will be contested, the Clerk will schedule dates for pre-trial and trial. Financial Matters involving Support, Real Estate and Personal Property Since Rhode Island delays a hearing on the divorce for a minimum of 60 days, a Motion for Temporary Allowance may be filed seeking a Court hearing within 30 - 45 days; at this hearing, if the parties cannot reach amicable terms, the Court will make orders regarding the care, custody and expenses of the children, support, payment of family bills, medical and life insurance, and temporary use of the home, cars, furniture and other assets. These orders will remain in effect until either party can demonstrate a change in circumstances or the parties agree to other terms. Before any hearing, we will sit with you, analyze your position and needs and advise you accordingly. The DR-6 is an expense form which must be filed with all court filings. We work to be sure that the appropriate amount of support is paid by the non-custodial parent. We review your income and help you prepare a budget for your financial needs. Presently, the Court uses a guideline to establish a minimum amount for the support of the children, taking into consideration the gross income of both parents. Before and after the motion, we use the discovery process to learn about the assets and debts of the family, including pension benefits, so that an equitable division of the assets may be accomplished through negotiation. When an agreement is reached, we will prepare a property settlement agreement and schedule a court hearing for the Judge to approve the settlement and award the divorce. If we cannot reach a negotiated settlement, your case will be placed upon the court calendar for trial, so that a Judge can establish the division of the property and make orders for custody, visitation and support related items. Why is one person ready for divorce while the other is not? Divorce is a profound action that affects parties differently. Certain therapists believe parties go through a grieving process similar to the process one experiences at the time of another loss - death. There are 5 Emotional Stages of Divorce. Parties travel through these stages at different rates. When do Court orders apply to me? When a party signs a divorce complaint, Automatic Court Orders apply; when the other party is served with the complaint by a sheriff or constable, these Orders apply as well. The purpose of these Orders is to maintain the status quo for the parties until a hearing can be scheduled at Court. These Orders affect many day-to-day issues facing divorcing couples including, interaction with the children, financial and insurance matters and matters concerning the marital domicile. Failure to comply with these Orders can lead to being found in contempt of a Court Order. When two parents separate, new issues arise regarding children. We work with you in determining the custody and visitation schedule that may be in the best interests of the children (the standard adopted by the Court). The relationships between you and your spouse and the children will be studied, so that a workable solution can be achieved. As children grow, new issues spring out which may require adjustments in custody or visitation; further, the income of the parents may change over the years. For this reason, Court Orders regarding custody, visitation and support may be modified any number of times after the divorce is granted. We will discuss with you the statutory basis for support, either for children or for a spouse, including aspects such as the standard of living during the marriage and the opportunity of either party for future acquisition of capital assets and income. We can also discuss the standards used for equitable distribution and a possible deferment of a sale of the home. Until recently, hiring lawyers and the court battles that defined the customary model for divorcing couples was the only choice separating couples faced. Divorce Mediation, a confidential process endorsed by the Family Court, provides a new method for obtaining a divorce. The parties hire a trained neutral mediator, who helps the parties focus on the issues that need to be resolved. The mediator help the parties communicate, develop options to create solutions to resolve differences. Parties participating in mediation benefit from working with a lawyer before mediation sessions. At "fgh", we will identify and clarify issues that you will need to address in mediation. We will discuss the differences between issues and positions and how they relate in order to negotiate a resolution. We will help you review and understand financial data in order to gain a strategy that you will use in the mediation. As an example, we can help you understand option that are available to you in areas such as equitable distribution, medical insurance and retirement plans. We will also discuss your options regarding your children. How long will my divorce take? Each case is different, every case is special and unique. We want to be a safe place where you can turn. The length of each proceeding varies in relationship to the number of issues that must be resolved. After you go to Court and a Judge grants a divorce, it does not become final for a minimum period of three months. We promise you that at "fgh" you will be treated with the care, comfort, confidence and clarity that you deserve. Will I need to return to Court after my divorce? In many cases, parties return to court or mediation after the initial settlement is reached or the divorce is granted. This is because the lives of both parties and their children are dynamic and always changing. New employment, changing residences, changing income, new blended families and the children's ever changing physical and emotional needs often require modifications in where the children live, when each parent has time with the child, and the amount of support. Although it is difficult for the parents, as they grow, children may become so busy that they do not have much time with either parent. Divorced parents must be responsive to this ever-changing situation. We can work with you to analyze if changes might be positive for you and your child. We will analyze the financial information to determine if a change in child support might be warranted, whether it be months or years after the final divorce or even since the last modification. Often, when divorced parents reach an agreement on their own about these types of changes after a divorce, they fail to have these changes set out in writing and approved by the Court. The Court must approve theses changes so that both parties are protected. If parties cannot reach an agreement on these changes, our attorneys will work with you to analyze the facts and suggest a plan of action to resolve the controversy. What if the other party fails to keep his/her promises? Sometimes, one party fails to comply with the terms of the Property Settlement Agreement or a Court Order/Judgment. This often takes the form of failing to pay support, failing to allow access to the child or failing to turn over an asset or pay a debt. The Court will hear a parties claim that a person is in contempt of a Court Order. The Family Court, upon a finding that a party is in contempt, can make appropriate orders to make that person comply with the Court Orders, including incarceration or home-confinement and the award of attorneys fees to the innocent party. We suggest that you review your Property Settlement Agreement to determine if there are any prerequisites before beginning a contempt motion; often the innocent party must give the other prior written notice and a short period to cure the contemptuous action. At "fgh" we will work with you to bring about compliance with the Court's Orders. |
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The RI Supreme Court licenses all lawyers in the general practice of law. |