Rhode Island Divorce Lawyers

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The divorce laws vary in every state. A person filing a divorce in any state would find it difficult to keep him or her updated about the changes in the divorce laws. Therefore, the role of lawyer is important in a divorce case. The divorcing person needs to spend time and take efforts to meet several Rhode Island divorce lawyers, before choosing the best lawyer to represent them.

Residency requirements which a Rhode Island divorce lawyer has to adhere to

One year prior to the date of filing of the complaint for divorce, the applicant must be a resident and domiciled inhabitant of Rhode Island. In case, the applicant does not fulfill the above mentioned condition, still it is possible for the applicant to file a complaint for divorce if the spouse of the applicant is a resident of Rhode Island for 1 year before the date of filing. However, the rules for people in the military are different. They can meet the residency requirements, even if they move the day after filing.

Importance of first approaching a Rhode Island divorce lawyer

As per the law in this state, as the court decides equitable division of property, alimony, visitation, child support etc, it is not of any significance as to who has first approached the lawyer. However, this issue becomes of utmost importance, in case an emergency motion, restraining order or no contact order is filed or required. This importance becomes multi-fold in case of an emergency motion relating to visitation and / or custody of a child.

Purpose of no fault divorce in this state

In order to get an absolute divorce in Rhode Island, there is no need to prove fault grounds. All that is necessary is to prove irreconcilable differences to obtain a divorce. When one party desires to end the marriage, then the divorce can be procured as far as the jurisdictional requirements in the state are fulfilled.

The existence of "no fault divorce" in the state does not imply that fault in married life has no importance. When one party is successful in proving that the other party is at some fault, then the accusing party can get more share of the marital assets. The existence of fault also decides whether a particular party is eligible for alimony. More than half of the marital assets can be procured by one party, if it can prove the following types of behavior of the other party.

  • Abandonment
  • Abusive behavior
  • Extramarital affairs
  • Domestic violence
  • Drug addiction
  • Adultery
  • Alcoholism
  • Impotency

Period to obtain divorce in this state

A Nominal divorce is a non-contested divorce, where both the parties agree in all issues like visitation, alimony, equitable division of assets, child support etc. For this type of divorce, the earliest possible date is almost 70 days after the plaintiff files a complaint for divorce.

When all the issues are not resolved by the parties, then after the date of filing, there are additional conferences followed by the discovery process. Such a case takes the form of a trial. Approximately six to ten months are essential for a contested divorce.

After the parties attend the nominal court hearing, minimum 90 days must pass by after which the divorce may be finalized. If on the Nominal court date, the parties do not attend court and solve the issues amongst themselves, then the divorce may remain pending for minimum 1 year.

Property distribution and Rhode Island divorce lawyers-

Rhode Island is a state where equitable distribution of property takes place. The court would consider several factors before it decides on property distribution. Hence, it is the duty of the divorce attorney to explain the following important factors to the clients.

  • Total duration for which the couple was married
  • The role of each spouse as an homemaker
  • The behavior of the spouses towards each other during the time they were married
  • The age and health of both the divorcing partners
  • The current job scenario and future employment scenario of both the spouses
  • The contribution of each spouse for the acquisition and preservation of their properties during the period of the marital life
  • Each spouses income amount as well as the source of income
  • The chances of both the spouses in future gain of any income or assets
  • Unfair transfer or selling or spending of assets by one of the spouses without considering the divorce contemplations
  • When one of the spouse has contributed towards the training, education, upgrading of skills of the other spouse during the duration of marriage
  • Any other relevant factor that the court thinks is appropriate

The Rhode Island divorce lawyers are expected to be proficient in understanding their client's case and acting according to the case requirements. The role of a divorce attorney is vital in a complicated as well as simple divorce case.

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