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. ” RI Child Custody: Dumb Mistakes to avoid!
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.
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“Most people already know that around 50 percent of marriages in the United States end in divorce. The number is similarly high in many other developed nations. When you break that down by number of marriages:
- 41 percent of first marriages end in divorce.
- 60 percent of second marriages end in divorce.
- 73 percent of third marriages end in divorce.” Mckinley, Irvin Family Law https://www.mckinleyirvin.com/Family-Law-Blog/2012/October/32-Shocking-Divorce-Statistics.aspx
See also 22 divorce mistakes
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.
also see: Divorce Saloon