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Rhode Island Divorce Lawyer Services

The break-up of a marriage is an unfortunate situation. In the best possible outcomes, finances are unbalanced, families are displaced and futures are shattered. In the worst situations, homes are lost or fought over, domestic violence occurs, and children are torn apart by the adults fighting for them. Striving to remain aware, and focus on moving through this difficult time needs to be paramount in the minds of the adults who are separating. Working together with a qualified family law attorney can help.

Contact Rhode Island Divorce Attorney Rui Alves for a FREE initial consultaion at:
(401) 942-3100 or EMAIL rpa@alveslaw.com now.

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Filing for Divorce in Rhode Island

In order to file for a divorce in the State of Rhode Island, the party filing the divorce case (Plaintiff) must be a resident of the state of Rhode Island for at least one year before filing the paperwork. If one of the parties lives out of state, special circumstances apply and should be discussed with a reputable family law attorney. The parties did not need to be married in Rhode Island to file for a divorce in RI.

If both parties agree to the division of the marital estate (any property, tangible or intangible, acquired during the marriage), as well as, if there are minor children, agreeing to custody, placement and support issues, the parties may file what is called a nominal divorce. The process for filing this type of RI divorce petition involves filing the necessary documents with the clerk of the Family Court, obtaining service on the opposing party (Defendant), appearing for a hearing, and filing the necessary documents to finalize the divorce within a specified time frame. In this type of divorce proceeding, if all goes well and as agreed, the parties can be legally divorced within a period of 3 months from the date of the hearing.

If there are any areas where the parties do not agree however, a contested divorce must be filed instead. A contested divorce takes much longer to conclude, and involves a great deal more than a nominal divorce proceeding. The parties may need to visit the courthouse for more than one hearing, in some cases even a trial. The necessary documents are involved and difficult to understand without the assistance of a professional divorce attorney. And the entire process can take years, rather than months to conclude.

Contact RI Divorce Attorney Rui Alves for a FREE initial consultaion at:
(401) 942-3100 or EMAIL rpa@alveslaw.com now.

 

Divorce in Rhode Island ~ Frequently Asked Questions (FAQ's)

Q:           Do we need to live in the State of RI to file our divorce here?
A:            Either you or your spouse must be a domiciled inhabitant (live in the State) for at least one year before filing your divorce.

Q:           How do we decide who our children will live with and what kind of visitation schedule we should have?
A:            The best way to decide who your children should live with is to first decide who will stay in the home, then decide who is best able to care for them, and finally if they are old enough, ask them who they would like to live with. Visitation should be agreed upon by both parties and should involve a set schedule of visitation as well as a holiday and school vacation schedule.

Q:           How much child support will I have to pay?
A:            The amount of child support you have to pay is decided in RI by how much income each party has. A percentage formula is applied and the non-custodial parent is required to pay a certain percentage of the difference in both incomes as child support. Child support is always determined per child and rarely as a lump sum. Although if you are both in agreement as to what the non-custodial parent will pay for support and have agreed to this amount, you can finalize that decision through your attorney who can then convey this desire to the court.

Q:           What should we tell our children?
A:            Rhode Island Family Court requires all parents of minor children to attend a seminar entitled “Divided Yet United,” in an effort to promote and foster communication and cooperation between adults of minor children throughout the divorce process. If your children are old enough to understand what is happening, sit with them together and talk calmly to them about any questions or fears they may have. They need to know that you are stable and moving through the changes that they too are facing, with strength and compassion.
Make sure they are aware that parents get divorced, children do not, and that you will both still be there for them whenever they need you.
For children who are too young to understand, giving them loving support and answering the questions they ask honestly and openly is the best way to continue to help them trust you and deal with the emotions involved.
In either situation, do not tell children more than they need to know. Only reveal that a parent is moving out when they are ready to leave. Giving them too much information or preparing them before-hand only makes them nervous and worried.

Q:           My spouse and I are fighting a lot, and there are drugs, alcohol or other substances involved. I’m worried about my safety, and my children as well.
A:            If you or your children are in danger you should contact the proper authorities immediately and remove yourself and the children to a safe location temporarily until you can get help. Then you need to seek the advice of a qualified RI family law attorney immediately.

Q:           My spouse and I agree completely about how to divide our assets and we have no children.
A:            If you meet the other residency requirements, you will be able to file for an uncontested divorce in RI and have your final judgment within 3 months of your court date. Contact a local RI divorce attorney for more information and how to go about filing your petition now.

Contact Rhode Island Divorce Lawyer Rui Alves for a FREE initial consultaion at:
(401) 942-3100 or EMAIL rpa@alveslaw.com now.

 

The following may be some of the issues that arise during a divorce matter:

CHILDREN

There are four main aspects with respect to children

Our firm has extensive experience with all of these areas and is ready to explain during a free office consultation.

ALIMONY / MAINTENANCE

As with other aspects of a divorce settlement, calculating amounts and determining if alimony is appropriate can be confusing. Be sure to hire an attorney who has experience in dealing with alimony as part of the divorce agreement.

PROPERTY DIVISION

When a couple has been married for any length of time, it is likely that they have shared assets. Upon divorce, marital assets need to be valued and divided in a manner that is fair. Our firm has extensive experience with divorce and with many cases of property division.

Whether you need help obtaining child support, dealing with restraining orders, or getting a divorce, our family law and divorce lawyers can help. From our offices in Cranston, our lawyers help clients in Providence, Warrick, Johnston, Kingstown, East Greenwich, Kent County, Washington County, Providence County, and all across Rhode Island & Masschussetts.

FREE initial consultation is available. Please call (401) 942-3100 or email rpa@alveslaw.com to get yours today.


The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

The Rhode Island Supreme Court licenses all lawyers and in the general practice of law. The Court does not license any lawyer as an expert or specialist in any field of practice.