Divorce in RI

Going through the process of divorce in Rhode Island can be an emotionally trying experience. After all, no one goes into marriage with the thought of divorce looming in their minds. While it can often times be difficult to see the forest for the trees, approaching a Providence Family Court divorce with a level head will help ensure you get the settlement you deserve. Below are ten common mistakes people make during divorce proceedings in Rhode Island Family Court, and tips to avoid these pitfalls. Avoiding divorce mistakes is very important. You should consult with your RI divorce lawyer about how to avoid divorce in RI mistakes.

1. Refusing to Consider Mediation

Mediation isn’t the right choice for all divorcing couples in RI, but experts seem to agree that mediation could be potentially useful in many divorce cases. Not only could mediation save you a great deal of money in legal fees, but it will allow you and your spouse to come up with a plan in terms of finances and child custody that fits your family’s needs.

Mediation should occur with both parties represented by Rhode Island divorce lawyers. The Providence divorce attorneys do not necessarily need to be present for the mediation session but need to review the proposed memorandum of understanding resulting from the divorce mediation prior to the parties signing it. The Rhode Island divorce lawyers may suggest changes or edits and even may advise you to halt mediation and commence the litigation process. Also, it is very helpful for the client to consult with an East Providence matrimonial lawyer prior to commencing mediation to determine the contours of the divorce mediation and what is a fair and equitable settlement under the circumstances. RI divorce attorneys are expensive. Mediation can help reduce the expense of your ri divorce attorneys.

2. Failing to Use a Financial Adviser

When you are going through a Providence Family Court divorce, you’ll be required to submit a financial statement to the courts. This budget is a statement of needs and expenses and assets and can be important to determine temporary maintenance, alimony and even child support. Many divorcing parties in Rhode Island and Providence Plantations make the mistake of submitting their own financial statement (DR6) without consulting with an attorney or a financial adviser.  Many divorce litigants often underestimate the cost of living. Experts suggest sitting down with a financial adviser or even a CPA.

“The absurd and over the top actions described in this Rhode Island family law post may impede your chances of obtaining placement of your child in Providence Family Court. ”

3. Getting too emotionally attached to items or the marital home

Divorce proceedings in Rhode Island are an emotional time for everyone involved. So emotional, in fact, that people often make the mistake of digging in over items they have an emotional attachment to, without realizing how such a strategy could be costly in the end. For example, if you are fighting to keep the marital home, you may fail to realize you simply cannot afford it, even with the divorce settlement. It is best to take a step back and look at the situation objectively.

4. Overusing your Providence divorce lawyer 

Only use your Rhode Island divorce lawyer when you truly need him or her, because billable hours add up quickly. Divorce lawyers have often found themselves in the precarious position of playing family therapist to their clients. This is not what they are there for. If you need to talk about your emotions, go to a close friend, or find a certified psychologist.

5. Trying to “punish” your ex

One of the worst divorce mistakes

Because emotions run so high in divorce proceedings, it isn’t uncommon for one party to attempt to “punish” their spouse during the proceedings. While this may feel good at the time, you’ll only hurt yourself in the end, advise experts. When dealing with divorce proceedings, it is best to do so with civility. Nonetheless, in certain cases, it is crucial that you are aggressive when needed.

6. Forgetting to consider taxes

More than one ex-spouse has gotten burned by forgetting potential tax implication they would have to pay on marital assets. Experts all seem to agree that the emotion of a divorce can blind many people to the financial aspects of divorce. In some cases, your Providence family court lawyer may believe it is best to work with a tax professional to look into the after-tax value of any settlement before accepting the offer.

7. Remaining in the dark

When one party is blindsided by a divorce, they can’t see anything beyond the hurt. They make a conscious or subconscious decision to remain in the dark about everything but the basics of the Rhode Island divorce. This can come back to haunt you in the end if you choose to shield yourself from the reality of the situation. Do make copies of all financial papers you can find Submit them to your Providence divorce lawyer, as soon as possible.

8. Failure to develop a post-divorce budget

After the divorce is said and done, many people forget to put together a budget that accounts for their divorce settlement and their earning potential going forward. Experts suggest talking to a financial professional to come up with a budget that will work for you, post-divorce.

9. Holding onto the past

Holding onto the past can hurt you emotionally, and it can hurt your Providence Family Court divorce case, too. Courts generally don’t care about every conceived wrong during a marriage, so bringing them up will do little for your case. Experts suggest letting go of the past and going into a divorce with your eyes set on the future.

10. Using the kids as pawns

An awful divorce in RI mistake

A RI divorce can be an emotionally difficult time for the children involved, so don’t use the children as pawns. When divorces get very emotional, the ones who suffer the most are usually the children. While your marriage is ending, your relationship with the mother or the father of your children is not, so avoid involving the children in a negative way.

Divorce statistics

I found some interesting posts online regarding the significance of January 4th on Family Law.  These posts seem to indicate that January 4th is the date that the most divorces are filed around the world. “Family Lore, Musings of an English Family Lawyer”

This blog states that “Today, the first working day after the Xmas/New Year break has become known (probably more by the media than by divorce lawyers themselves) as Divorce Day, or D-Day, the day on which more people commence divorce proceedings than any other.” It may be possible that January 4th is indeed D -Day. There has to be one day that has more divorce filings than any other day in that calendar year. I wonder if the day is different every year. Perhaps it is a particular day in January?

However, I have yet to see any data to support the proposition that more divorces are filed on January 4th than any other date. Without any data, this proposition is supposition at best and an urban myth at worst.  I have not seen  any evidence that more divorce cases are filed in Rhode Island Family Court on January 4th.

Rhode Island divorce lawyer, David Slepkow answers numerous questions about divorce law in Rhode Island. David Slepkow is an experienced Providence Family Court attorney  / RI divorce lawyer who has represented clients in hundreds of divorces in RI.

What is the residency requirement to obtain a Rhode Island divorce?

Either the plaintiff or defendant must be a domiciled inhabitant and resident of the State of RI and Providence Plantations for one year next prior to filing their complaint for divorce. For certain members of the military, residency is determined by meeting these requirements before entering military service.

Plaintiff and / or Defendant can relocate out of Rhode Island after the filing of the complaint without RI losing jurisdiction over the  divorce cause of action. http://caselaw.findlaw.com/ri-supreme-court/1563952.html

Is RI a no-fault state?

Yes. That means that fault is not required to obtain a divorce. Irreconcilable differences is enough. However, fault grounds, such as adultery, can still be grounds for divorce in RI. Even if husband or wife files a no fault, irreconcilable differences divorce, fault can still play a significant role in a determination of equitable distribution of assets and debts.

What type of alimony state is Rhode Island?

RI is a “rehabilitative alimony” state. This means that the most important concepts are the needs of the spouse seeking alimony and the ability to pay by the payor spouse. The RI Supreme Court Stated “Alimony is a rehabilitative tool intended to provide temporary support until a spouse is self-sufficient, and is based purely on need.” Berard v. Berard,  Supreme Court of Rhode Island. Michael J. BERARD v. Patricia A. BERARD. No. 99-365-Appeal. Decided: April 28, 2000 Present WEISBERGER, C.J., and LEDERBERG, BOURCIER, FLANDERS and GOLDBERG, JJ.Marc B. Press, Lise M. Iwon, Wakefield, for Plaintiff. Patricia J. Berard, Pro Se.

“Alimony should be ‘payable for a short, but specific and terminable period of time, which will cease when the recipient is, in the exercise of reasonable efforts, in a position of self-support.’” Thompson v. Thompson  Supreme Court of Rhode Island. John M. THOMPSON v. Giselda M. THOMPSON. No. 2006-292-Appeal, 2007-245 Decided: June 25, 2009 Present:  GOLDBERG, Acting C.J., FLAHERTY, SUTTELL, ROBINSON, JJ., and WILLIAMS, C.J. (ret.).Lauren E. Jones Esq., Providence, for Plaintiff. Jerome V. Sweeney, III, Esq., Pawtucket

More in depth info regarding spousal support in Providence Family Court:

Is there a cooling off period after the nominal divorce hearing?

Yes. There is a minimum period of three months until the final judgment of divorce can be entered. This three-month period cannot be shortened.

Do I have to wait 65 days to complete my nominal divorce trial in RI?

No. If you are looking to get the RI divorce quicker, then you should really retain a Rhode Island divorce lawyer who can tell you tactics to attempt to obtain a shorter period of time,

Are gifts and inheritance marital property in RI subject to equitable distribution in a RI divorce?

No. Gifts and inheritance are not marital property and cannot be assigned by a Providence Family Court judge. The appreciation of a gift or inheritance during the marriage is also not marital property in Rhode Island. If gifts or inheritance is commingled with marital assets or accounts then transmutation from non-marital to marital property can occur.

Are lottery winnings during the course of the marriage marital property in RI?

Yes. Even if you hit the lottery after the nominal date but before entry of final judgment, the lottery winning is marital property. This is a good reason to put an after acquired property provision into a property settlement agreement.

A Rhode Island divorce lawyer with 26 years of experience in Providence Family Court explains how fault such as cheating affects a divorce in RI. Even though Rhode Island is a  so called “no fault” state, fault can play a significant role in a Rhode Island divorce.

Fault can be important in a RI divorce

How does fault affect a Rhode Island divorce? Even though Rhode Island is a no fault state, fault can play a very important role in how the court equitably divides the assets and debts of the parties.

After the RI family court has determined what assets are in fact marital assets, then the court will look at various factors to determine the equitable division of assets.

The court may consider the following factors in determining equitable assignment of the property…

a) The length of the marriage;

b) The conduct of the parties during the marriage;

c) The contribution of each of the parties during the marriage in the acquisition, preservation or appreciation in value of their respective estates;

d) The contribution and services of either party as a homemaker;

e) The health and age of the parties;

f) The amount and sources of income of each of the parties

g) The occupation and employability of each of the parties;

h) The opportunity of each party for future acquisition of capital assets and income;

– Source: R.I.G.L. 15-5-16.1 (Rhode Island General Laws)

Among other factors which are set forth in R.I.G.L. 15-5-16.1. That statute specifically states that the court can consider any factor which the court so expressly finds to be just and proper.

In most cases  marital assets divide equally

Please note that in many cases the parties decide to divide the property 50% to the wife and 50% to the husband. One of the most important factors the judge will look at in granting the husband or wife a disproportionate share of the marital assets is if the other party had an affair, was emotionally or physically abusive or had substantial drug and alcohol problems.

 The role of deleterious conduct in awarding a disproportionate share of the marital assets in Providence Family Court

The court will also look at other negative conduct in awarding a disproportionate share of the marital assets. It is not uncommon for a judge to award a 60/40 or 55/45 distribution if the court finds that one party had an extra marital affair and that affair led to the breakdown of the marriage.

Divorce is a complex and emotionally charged process, and issues such as fault, cheating, and infidelity can play a significant role in the proceedings. It’s important to note that divorce laws and regulations vary by jurisdiction, and what may be considered relevant in one place might not be in another. Additionally, some jurisdictions have moved towards “no-fault” divorces, where neither party is required to prove that the other did something wrong to end the marriage.

Here are some general points to consider regarding fault, cheating, and infidelity in divorce:

1. No-Fault Divorce:
   • In many jurisdictions, the concept of “no-fault” divorce has gained prominence. This means that couples can seek a divorce without having to prove that one party is at fault.
   • No-fault divorces often focus on the irretrievable breakdown of the marriage as the reason for the divorce.
2. Relevance of Fault:
   • In some cases, fault may still be relevant, especially in situations where one party is seeking a divorce based on fault grounds. Common fault grounds include adultery, cruelty, abandonment, and substance abuse.
   • The party alleging fault may need to provide evidence to support their claim.
3. Impact on Alimony and Property Division:
   • In some jurisdictions, fault may be considered when determining alimony (spousal support) and the division of marital property. For example, a spouse who can prove that the other engaged in financial misconduct or dissipated marital assets may have a stronger case for a more favorable property settlement.
   • Adultery, in particular, may influence the court’s decision on alimony.
4. Child Custody:
   • In many cases, issues related to fault are not considered when determining child custody arrangements. Courts typically focus on the best interests of the child.
   • However, in cases where a parent’s behavior due to fault could impact their ability to provide a stable and safe environment for the child, it might be taken into account.
5. Mediation and Settlement:
   • Many divorces are resolved through mediation or settlement negotiations. In these cases, the focus may be on finding a mutually agreeable resolution rather than assigning blame.
6. Emotional Impact:
   • Even in no-fault divorces, emotional factors such as infidelity can still impact the dynamics of the divorce. It may contribute to heightened emotions, making negotiations more challenging.

It’s crucial for individuals going through a divorce to understand the specific laws in their jurisdiction and consult with legal professionals to navigate the process effectively. Additionally, seeking emotional support from friends, family, or professionals during this challenging time is often beneficial.

In Rhode Island Divorce cases the vast majority of cases are filed on the grounds of irreconcilable differences. However, RI Family Law allows various additional grounds for a  divorce. These grounds must be proven at trial or nominal hearing in order for the Family Court judge to grant a divorce based on these grounds. Most litigants will refuse to settle the divorce if the other party insists on pursuing a fault based divorce.

No Fault divorce

Commentary: It is very rare to see a divorce in RI actually granted on any  grounds other than irreconcilable differences, in this day and age. However, I do see quite a few  divorces based on living separate and apart for a space of three years.

RI law § 15-5-3.1 is the applicable no fault law.  The  RI no-fault law is entitled: “Divorce on grounds of irreconcilable differences.”  The law states in pertinent part:

• “(a) A divorce from the bonds of matrimony shall be decreed, irrespective of the fault of either party, on the ground of irreconcilable differences which have caused the irremediable breakdown of the marriage.

What are the fault grounds to get a divorce in RI?

§ 15-5-2  Additional grounds for divorce. – Divorces from the bond of marriage shall also be decreed for the following causes:

(1) Impotency;

(2) Adultery;

(3) Extreme cruelty;

(4) Willful desertion for five (5) years of either of the parties, or for willful desertion for a shorter period of time in the discretion of the court;

(5) Continued drunkenness;

(6) The habitual, excessive, and intemperate use of opium, morphine, or chloral;

(7) Neglect and refusal, for the period of at least one year next before the filing of the petition, on the part of the husband to provide necessaries for the subsistence of his wife, the husband being of sufficient ability; and

(8) Any other gross misbehavior and wickedness, in either of the parties, repugnant to and in violation of the marriage covenant.

History of Section.

Living Separate and Apart for a space of more than 3 years

§ 15-5-3. Separation of parties as ground for dissolution – Appeal.

(a) Whenever, in the trial of any complaint for divorce from the bond of marriage or any complaint for dissolution of a marriage, it shall be alleged in the complaint that the parties have lived separate and apart from each other for the space of at least three (3) years, whether voluntarily or involuntary, the court shall, upon a finding that the allegation is true, enter a decision pending entry of final judgment of divorce, which may include provisions for alimony….