A divorce is a legal procedure that dissolves a marriage between two spouses. Once a divorce is finalized, each of the parties may remarry if they choose to do so.
The laws that govern divorce issues are called divorce laws. Divorce decrees are final rulings from a court that provide judgments and orders making the termination of marriages official.
Each divorce decree will be unique and different because it will be based on the facts and circumstances of each individual case. In general, the purpose of the divorce decree is to outline the rights and duties of each of the parties in connection with the divorce and provide instructions regarding the division of property and child custody, if applicable.
Divorce decrees are very important because the divorce process is not considered complete until such time as the court issues the decree. The spouses’ status as married or divorced will not be changed or finalized until the decree is ordered.
When a divorce proceeding is pending, it may affect many different areas of an individual’s life, including:
- Debt;
- Property possession;
- Taxes;
- Employment benefits; and
- Other legal rights.
Divorce decrees typically address many issues, including, but not limited to:
- Division of property between the parties.
- Spousal support or alimony.
- Issues related to children, if applicable, including:
- custody
- support
- visitation
- The financial obligations of each party, for example, if debts are to be paid by one or more of the parties.
In addition to these types of legal issues, divorce decrees will usually contain basic information related to the case, including:
- The names of the parties;
- The effective date of the decree; and
- The case number.
This type of information may be helpful if an individual is trying to locate their divorce records at a future time. Divorce records provide evidence that the individuals were married and that they have officially and legally terminated their marriage.
What Are the Residency Requirements for Obtaining a Divorce?
Each state requests that a spouse who is filing for divorce be a resident of the state. The time requirement for an individual to establish residency may vary by state.
Generally, the residency requirement in most states ranges from 6 months to 1 year. In addition, there are other guidelines for divorce that parties to a divorce should follow, including:
- Being cooperative: The process will go much more smoothly if the parties seek to cooperate with all the other parties and attorneys involved. A party may be penalized if they purposely seek to disrupt or delay the process;
- Being honest: There may be legal penalties for falsifying information during a divorce;
- Exercising full disclosure: This is especially important with regards to property and assets; and
- Being prepared: There are numerous deadlines and document requests that arise during a divorce. It will be helpful if an individual can stay organized and on top of the requirements, especially during the initial stages.
It is also essential to know that divorce laws vary by jurisdiction. It may be helpful for an individual to review their state and local laws as well as to consult with an attorney.
The cost of a divorce lawyer may also vary depending on the location of the divorce proceedings. For example, a lawyer in a large city will likely charge more than a lawyer in a small rural town.
What Is the Difference Between a Divorce and Separation in Rhode Island?
The State of Rhode Island allows a married couple to divorce, legally separate, or annul a marriage. A divorce will legally end a marriage, distribute any marital property and terminate each spouse’s marital rights.
There are residency requirements in Rhode Island. Typically, an individual must have resided in the state for at least 12 months.
A legal separation, which is sometimes referred to as a divorce from bed and board, is similar to a divorce, except that the couple is not permitted to remarry legally, and they retain their property rights.
In a legal separation in Rhode Island, alimony, child support, and child custody may be awarded. An annulment of a marriage is a legal procedure that dissolves the bonds of marriage and treats the marriage as if it never existed.
What Paperwork Do You Need to File for Divorce?
In order to file for a divorce, an individual must file paperwork with the family court in their county of residence. The documents required to file for divorce include:
These forms are available at the county courthouse or online. Additional forms may be required if the divorce involves minor children, which address:
- Visitation
- Child support
- Other issues.
Once an individual has filed their complaint and other forms, a private constable or sheriff must serve the papers on the other spouse. Although an individual is not required to notify their spouse before filing for a divorce, it may be in their best interests.
The spouses may be able to negotiate the terms of their divorce in an amicable manner, which leads to an easier divorce process. If, however, one of the spouses is the victim of domestic violence, they should consider requesting a restraining order before filing for divorce.
How Is Property Divided During a Divorce?
If possible, it is always best for an individual to negotiate with their spouse before going to court. If the spouses cannot agree on how to split up their assets, a court will divide the property equitably.
It is important to note that equitable distribution does not mean the assets are divided 50/50. Instead, a court will determine what is fair based on a series of factors, including the value of the property and the economic circumstances of each spouse.
Although the marital property will be evenly divided between the spouses, an individual is typically permitted to keep their separate property, which includes property that was:
If, however, a spouse commingled separate property or allowed their spouse access to and the benefits of the asset, it may be considered marital property. If an individual has questions regarding property division, they should consult a divorce lawyer for assistance.
A divorce lawyer may be able to help negotiate a fair distribution of the marital property, which can avoid the time and expense of litigation.
What Should You Do if There Are Children Involved?
If an individual and their spouse have children, they will be required to address child custody and child support during the divorce. If the spouses cannot agree on these issues, the court will award custody and support based on several factors and guidelines, all of which focus on the child’s best interest.
It is important to draft a fair and appropriate child support and custody plan before spouses divorce. It may be difficult to modify these types of orders at a later time.
In addition, any changes will result in additional attorney fees and costs.
Do You Need to Pay Alimony?
The courts in Rhode Island will weigh a series of factors before they award alimony or spousal support, including:
- The income of each spouse;
- The financial needs of each spouse; and
- The length of the marriage.
Alimony may be awarded on a long-term basis or on a temporary basis. In some cases, it may even be required when the divorce is pending.
A family law attorney can help individuals understand their rights and obligations related to spousal support.
Where Can You Find the Right Divorce Lawyer?
Divorce can quickly become complicated and contentious. If you are involved in a divorce that has significant property division, children, or alimony, it is important to consult with a Rhode Island divorce lawyer.
Your lawyer will ensure that your rights are protected related to these important issues during your divorce. Also, your lawyer will advocate on your behalf and work to secure the best possible results in your case.
