Divorce Lawyer Rhode Island
Going through a divorce is a stressful period in anyone’s life, and regardless of whether or not you and your spouse are willing to work together to agree on the key issues, the process can get overwhelming quickly. Working with an attorney is the best way that you and your spouse can reach fair agreements, negotiate for what works best, and ultimately move forward with your life as quickly as possible.
The following is some general information about the most important issues that you will need to reach an agreement on with your spouse before the courts will finalize your divorce, and if you are unable to reach an agreement collaboratively, may need to rely on the court to make the decisions for you. Whether you are working towards a collaborative divorce or you believe that a contested divorce is the only way forward, hiring an attorney is an important part of this process to ensure that you can get through it as quickly and effectively as possible.
Read more below about divorces in Rhode Island, and request an initial consultation with The Law Office of Brett V. Beaubien now in order to connect with an attorney who is ready to take your case today.
Types of Divorces in Rhode Island
The following are the “types” of divorce that you can work through in Rhode Island. When you are working with an experienced attorney, you and your lawyer will be able to identify the best path forward for both you and your spouse so that you can reach a resolution as quickly as possible and move forward with your lives.
If you and your spouse are unwilling or unable to work together to agree to the required points of a divorce, then you will need to rely on the Rhode Island court system to make the decisions for you. These types of divorces are generally not preferred since you are leaving decisions about your own private property up to a disinterested third party. However, in contentious divorces this may be the only path forward.
If you and your spouse are willing to work together to reach agreements about the key details of your divorce, then you may be able to work together either directly with a mediator, or through your representative attorneys. Either way, this type of divorce can lead to a more productive and supportive separation.
In a collaborative divorce, each spouse hires their own attorney and then work together in order to negotiate the specific terms of the divorce.
In a mediated divorce, each spouse agrees to work directly with each other along with a mediator.
Key Issues Required to Finalize a Divorce
The following are the most important issues that a judge will need to see that you have reached a decision on, and upon review, will be able to finalize your divorce. Keep in mind that if the courts determine any of these decisions to be unfair or unrealistic that they will require you to revise your agreement, or leave it to the courts to adjust.
Marital will be divided among spouses, but will not necessarily be split 50/50. This division will need to take into account the independent finances of each spouse to ensure that neither is left in an untenable financial situation. These divisions also take into account any marital debts, in addition to assets, to ensure that there is an equitable division at the end of the process.
Determining how children will be supported during and after a divorce is arguably the most important step of a divorce since the children of the divorce deserve to have their well-being as a top priority. You and your spouse will need to work out a custody and visitation agreement, or will need to have the courts make this decision for you. If the courts determine that an agreement you have made is not productive or in the best interest of the children, then they will revise it or request you to do so.
Child support payments are an important aspect of child welfare following a divorce, but it will take a lot of work to make sure that the payments are fair and that the child is the beneficiary of the agreement. We will take a close look at all of the available information as we determine the best course of action for this aspect of your divorce.
In addition to child support, spousal support—also known as alimony— provides the financially-dependant spouse with a financial cushion so that they can adjust to their new life. The courts will need to review whatever decision you and your spouse have agreed to, and even reserve the right to deny a prenuptial agreement if it is determined to be unfair.