3 Things You Need to Know About a Rhode Island Divorce

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.