Divorce is unpleasant at best. But as with any legal issue you need an attorney to represent your rights and to see that you are treated fairly during the process. If you are filing for divorce you will pay the Rhode Island filing fee and a small fee for your spouse to be served with the divorce papers. A date may be set for temporary allowances. If it is an abusive situation your attorney can secure a temporary and immediate restraining order. If custody and a property settlement can be worked out you will appear before a judge for a nominal (non contested) hearing. An interlocutory divorce decree is issued. This is a preliminary divorce decree. There is a waiting period of 3 months before the final decree is issued.
You have 20 days in which to answer. This is a legal term and you should consult an attorney to make sure that you comply with the requirements otherwise you can be held in default.
In Rhode Island it depends on whether there is a restraining order issued. In the absence of a restraining order either or both parties may remain in the house.
That is one of the purposes of a temporary allowances hearing. If an agreement cannot be reached a judge will make the determination of the amount of support and type of support that each party will contribute. This may include not only spousal support, but child support, continuation of health insurance, use of the family automobile, etc. It is important that you are properly represented at this hearing.
In Rhode Island alimony depends on the length of the marriage, the conduct of both parties, and what it will take for the dependent spouse to become self sufficient. Alimony is rehabilatative. During a long marriage where one spouse has not worked alimony may be awarded for the purpose of education for a specific period of time. Alimony is also something that can be waived by the entitled party or negotiated.
Pensions, 401K, and IRA are all considered to be assets which are subject to a property settlement agreement. Rhode Island is an equitable distribution state. This means that in the absence of severe fault of one of the parties, assets are usually divided equally, or a judge may make the decision. The value of the pension is one of the assets taken into consideration in a negotiated property settlement agreement.
Many times in a divorce there is more debt than assets. As with assets debt is negotiated as part of the property settlement agreement. This can become tricky if the party that has agreed to assume the debt fails to pay. In many cases both parties' names are on the debt and as such a property settlement agreement cannot prevent the lender from coming after the other spouse. Where there is substantial debt it is very important that your attorney do what is necessary to protect you from default or bankruptcy by the other party.
It is a conflict of interest for one attorney to represent both parties. It is possible for one of the parties to represent himself or herself, but do not be confused. In a case such as this the attorney represents only the interests of his or her client.
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E-mail to Jan W. Head
Jan W. Head, Attorney At Law - 1345 Warwick Avenue - Warwick, RI 02888 - Tel: 401-463-9151