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Providence Divorce Law Blog

Helping Rhode Island divorcees with property division issues

For some, the decision to initiate a Rhode Island divorce might be the easiest or most challenging decision in the processes. Whether it was easy to make the decision to dissolve the union, spouses will frequently face difficulties in the divorce process. For many divorcing couples in Rhode Island and elsewhere, some of the most contentious issues in a divorce involve splitting assets.

No matter the length of the marriage or whether a prenuptial agreement was executed, divorcing couples must go through the process of determining who gets what. While this might be easy for some items, disputes often arise when it comes to dividing important assets and property, such as a home and a joint bank account.

How does the standard of living affect alimony awards?

Whether you like it or not, money tends to be a major factor in many decisions, and Rhode Island divorce is no exception. The ability to meet one's financial needs is often the reason for requesting alimony during divorce. Many factors are used to determine whether financial support should be awarded and how long it should last, if spousal support is determined to be necessary. Standard of living is often used in the process to arrive at an adequate amount, if alimony is required in a Rhode Island divorce.

How does the standard of living determine an alimony award? According to the National Marriage project, conducted by Rutgers University, after divorce, a woman's standard of living drops by roughly 27 percent. There are many causes for this drop, and to assess how divorce could impact a spouse's standard of living, it is important to consider many factors, such as the incomes of both spouses, prior to dissolution.

The Ashley Madison hack and no-fault divorce

Recently, hackers released the names of millions of users of Ashley Madison, an online dating service that advertises itself as a way for married people to carry out clandestine affairs. The revelations will likely lead to many uncomfortable conversations between spouses in Rhode Island and the rest of the nation, and perhaps eventually to many divorces.

Divorces happen for many reasons. In some cases, couples simply fall out of love or no longer work as a couple. In others, certain events spark the decision to divorce. When a spouse is aware of or suspicious of an extramarital affair, this could be reason for initiating a divorce. However, it's important to note that the actual reasons for the breakup are not usually relevant to the court's actions in granting a divorce.

Helping parents meet their children's financial needs

Raising a child and meeting the financial needs of a child can be difficult for some parents in Rhode Island. This can be especially challenging after a divorce. Whether a couple is considering dissolution, is going through the process or dealing with post-divorce issues, it is important that parents determine whether child support is needed. Additionally, if child support is awarded in divorce, it is important that this order is met.

Our law firm understands that life can bring challenges and changes after divorce. This could make it difficult to meet the needs and the best interests of the children involved. As a child ages, the financial demands often increase, requiring possible changes to child support orders.

How can you effectively talk to your kids about divorce?

No matter how old a child is, parents often encounter a time or event they find difficult to discuss with their children. While this is often the case with very young children, telling a child or children about your decision to get a divorce can be challenging. Moreover, parents are not only concerned about breaking the bad news but also about the questions they might have about what it means and how it will effect their time with each parent.

How can you effectively talk to your kids about divorce and child custody? The best way to talk to your children about divorce is by preparing for the conversation. This means thinking about what questions the child might ask. While the age of the child might help a parent determine what might be going on in the kid's head.

Rhode Island parents seeking enforcement of child support

One aspect of raising a child includes having enough resources to meet the financial needs of the child. In some cases, this might require parents or a parent to receive public assistance. However, when parents divorce and public assistance is being received, this does not exclude a parent's obligation to pay child support. If a court orders child support to be paid and a parent fails to make support payments, the other parent could seek enforcement of child support payments.

According to Rhode Island statute section 15-13-3.1, enforcement proceedings could be brought for the failure to make child support payments that have been order by the court. If it is determined that the payments are more than 45 days overdue, the court could grant an order directing garnishment for the payments in arrears.

The value of prenuptial agreements in a high-asset divorce

No one ever enters a marriage with the idea that it will end; however, many couples prepare for this undesirable and difficult event because it could be a possibility. For wealthy couples, a divorce could mean losing assets and property during the division of assets. A prenuptial agreement is often used as a means to protect assets and the interests of the spouses involved.

When adding a prenuptial agreement to a marital union, it is important for spouses to understand the value of the document and its role in a high-asset divorce. In many cases, the document could serve as a means to avoid disastrous disputes during dissolution because the document spells out major decisions for the couple.

What are some key questions to ask during property division?

Making decisions about finances and property is not only required during a marriage but also during dissolution. Moreover, the divorce process can complicate the situation even further, leaving spouses clueless how to proceed. When it comes to property division, it is important to understand what information is needed in order to reach a fair property division agreement.

What are some key questions to ask during property division? With regards to expenses, it is important to ask how much the process could cost. In order to better answer this, spouses need to ask other questions such as the financial needs of each party and the history and ownership of assets involved in the divorce. If spousal support is required, property division decisions can often be made in accordance with that. Additionally, couples may fight over whether property falls under the category of marital property or separate property.

Avoiding mistakes when seeking spousal support

Divorce can mean many things, and for some divorcing couples in Rhode Island, it could mean a very costly event. The divorce process could be expensive, leaving one or both spouses in a difficult financial situation post-divorce. In other cases, a spouse might request alimony in order to meet the person's financial needs in the person's new post-dissolution life. However, if spousal support is sought or is being collected, it is important that spouses avoid making mistakes that could prevent the spouse from collecting alimony.

For those seeking spousal support during the divorce process, it is often required to show that financial assistance is required until the person becomes self-sufficient and able to provide for the person's own needs. With regards to alimony arrangements, this may only last a few years or until the spouse completes the person's education or job training. While these terms are common for temporary spousal support, if a spouse makes a mistake, regardless if they are aware of it or not, this could impact the person's ability to continue receiving alimony payments.

Rhode Island addressing concerns regarding deadbeat parents

Meeting the needs of a child can be challenging for any parent; however, divorced parents in Rhode Island and elsewhere may find it even more difficult to address all the financial needs required to raise a child. While a child support agreement may help to meet these needs, if a parent fails to adhere to the agreement or misses child support payments, this could create a challenging and even detrimental situation for the child.

According to recent reports, more than 30,000 deadbeat parents owe more than a quarter billion dollars in child support payments in the state of Rhode Island. Moreover, roughly a third of this debt stems from the interest that has accrued from the failure to pay child support. Specifically, the most recent data collected indicates that 33,224 non-custodial parents -- overwhelmingly fathers -- owe $318,366,682 in child support. This amount includes the $99.2 million from just interest owed.

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