When considering divorce, there is a lot at stake. Many people are overwhelmed by the legal aspects of divorce, so this article will outline some common questions individuals ask during a Rhode Island Divorce.
How much does a Rhode Island divorce cost?
Wanting to know the cost of divorce is understandable. Unfortunately, the answer differs for every case as each couple faces unique circumstances.
Some common variables that can impact the cost of divorce include:
- The willingness of both parties to cooperate
- The discovery process and how easy it is to identify and value assets and debts
- The complexity of the case and whether the issues are agreed upon or ltigated
How do I dress for a divorce hearing?
For many, divorce may be the first time they’ve ever stepped foot in a courtroom. It’s recommended to dress comfortably in professional clothing. Avoid clothing that is ripped or provocative.
What will happen in the courtroom?
When it is your turn to be addressed by the judge, a court clerk will call your last name and docket number. Both spouses and attorneys will approach the judge. The lawyers will do most of the talking.
What questions will the judge ask at a divorce hearing?
The judge will ask routine questions pertaining to the purpose of the divorce. Your attorney can review these questions prior to speaking with the judge. In cases involving finances, the judge will inquire about the accuracy of your financial statements. If your case involves children, the judge may ask for their names and dates of birth.
How is alimony determined?
A number of factors are considered when the judge determines alimony. For example, the length of the marriage, each spouse’s current income, the needs of the spouse seeking Alimony, and the party’s current health status will be taken into account. Alimony is generally is not favored in Rhode Island and is limited and rehabilitative only. It can not be awarded to equalize the incomes of the parties.
How is child support determined?
Child support is typically paid to the parent who primarily lives with and cares for the child. This parent is referred to as the Placement parent. Payments are based on the non-placement parent’s gross weekly income and the number of children to be supported. Child support is almost always set by the Rhode Island Child Support guideline however in rare cases the Court will deviate from the Guidelines and consider other factors like the age and needs of the child or children and the ability of the non-custodial parent to pay.
Can I keep the marital home following divorce?
Under Rhode Island law, property division during divorce must be fair, though not necessarily equal. This is referred to as equitable division. Divorcing couples can request certain assets be held in their name as long as the division of all assets is equitable. However, there is no guarantee one party will be awarded specific assets unless both parties agree.
What happens after the final divorce hearing?
Following your final divorce hearing, you will receive a copy of the judgment from the Rhode Island Family Court by mail. The judgment isn’t final until after the nisi period, which generally lasts 91 to 180 days after the Judge grants the divorce.
Contact our office today if you have specific questions about your unique divorce case. Divorce is a difficult time and having an experienced attorney by your side can help reduce the burdens and uncertainty.
