Divorce is divorce, right?
Not exactly. Although there are basic similarities from state to state, each state still has its own process. In Rhode Island for instance, you typically go to court first and then work out an agreement, whereas in Massachusetts, you are required to work out your agreement, then you will be given a court date.
So what are a few things particular to
your RI divorce?
Equitable Distribution
This is a nice way of saying that if
you and your spouse cannot reach an agreement regarding the division
of your marital property, the court can and may decide for you. In
reaching their decision, they will consider the length of your
marriage, the income levels of you and your spouse, the contributions
that you have each made to your marital assets, education and job
skills, whether either of you took time off from a career to care for
children at home, and many other factors. If you are having trouble
deciding how to divide your marital property, you should seek the
advice of a qualified family court attorney.
Custody, Visitation, and Placement of
Minor Children
Again, in a situation where neither you
or your spouse can reach an agreement concerning the physical
placement of your children, the court will decide based upon what
will be in the best interest of the child. Custody (sole or joint)
will typically determine the placement of the child. The parent with
custody will have physical placement, and the other parent, the
non-custodial parent, will be given reasonable rights of visitation.
In every instance, the well-being of the child should be the main
focus of negotiating parties. If you need help determining what would
be in the best interest of your child, you should ask your divorce
attorney for their advice.
Health Insurance Coverage Continuation
This is a very complicated area of not
only divorce law, but also the RI General Laws and the Federal
Regulations known as the COBRA laws. There is no simple answer as to
whether or not your former spouse is required to continue to provide
health coverage for you. Researching your current employer's health
plan, as well as your spouse's health coverage, is a good starting
point. Because these discussions tend to involve an additional
financial burden for one party or the other, discussions should be at
least supervised by a Divorce Mediator, if not a RI Family Court
Lawyer.
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If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.
To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.
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