Family Court Division of Assets

Equitable Distribution of Assets

In Rhode Island Divorce Law, Property Division is known as an Equitable Distribution of (Marital) Assets.

The law here, Rhode Island General Law §15-5-16, is very specific regarding the division of marital assets, both those obtained during the marriage and those obtained prior to the marriage.

Assets obtained during the marriage include property both tangible and intangible that has been both acquired during the course of the marriage, and exists in the name of both parties. Although property may be held by either the husband or the wife, the court may make judgments at its discretion to award an equal share of any income generated from property held during the marriage; whether it was held jointly or by only one of the parties. This may also prove true in cases involving property that was owned prior to the marriage, under certain circumstances and conditions.

In most cases, assets and property obtained prior to the marriage, the property remains with the party who is listed as the owner. Certain instances can change this rule, including a determination by the court that the property in question will, in fact, be eligible for division as a marital asset.

Although Rhode Island is a 'no-fault' state (the parties do not necessarily need to state specific grounds or reasons for the divorce), factors that may determine the division of property in your divorce can include a qualification of fault if one is cited and granted by the court.

If you are considering a divorce and own property jointly with your spouse, or have property from prior to your marriage, a consultation with a RI Family Law Attorney would be a very wise decision.

Elisha L. Morris is an experienced family lawyer with the Law Office of John E. MacDonald and can be reached at (401) 421-1440 for a consultation.

To learn more about Elisha Morris please visit John MacDonald's website at AggressiveLegalServices.com.

Family Court Divorce and Custody Client Testimonial

Elisha Morris Divorce Testimonial

“I have been a client of Elisha Morris from 2005 thru the present. Though my divorce and subsequent custody case has been very trying and heart wrenching at times, I have always been strengthened by the support and professionalism of Elisha Morris and John MacDonald.

Having been granted custody of my 2 daughters in 2001, something unheard of for a father, our struggle continues today.

I am very lucky to have Elisha representing my family. She has been dedicated and relentless in her quest to make sure we are treated fairly in a family court system that sometimes is not. I have never felt like a client with a lawyer but a person being represented by a friend and I recommend Elisha to my friends because I know they are in the best hands possible.”

 – Kevin, Divorce and Child Custody Client

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Factors to Consider in a RI Child Custody Dispute

Rhode Island Child Custody

It is a sad fact that every day in Rhode Island, countless children are forced to deal with difficult custody battles between parents who are unable to come to a mutual agreement regarding things like child care, health issues, financial support, and physical placement.

The primary factor that determines who gets custody of a child, is based simply on the child's best interest. The Uniform Child Custody Jurisdiction and Enforcement Act, CHAPTER 15-14.1 of Rhode Island General Laws determines what the guidelines are when granting child custody between parents.

In most cases that don't involve abuse or neglect, the state of Rhode Island specifies that non-custodial parents should be granted reasonable visitation rights. These rights often include mutually agreed upon times, dates, occasional stipulations depending upon the situation, and the wishes and best interests of the child. In many cases there is the need for court intervention due to the inability or unwillingness of parents to communicate amicably and in a civilized manner. Mediation is available for parents who cannot reach agreements on their own, or who require the assistance of a trained professional to help guide them through the process of resolution. Such situations call for the assistance of a qualified attorney or mediator who will help one or both parents in reaching a legally binding agreement.

Some of the most prevalent factors that help determine which parent is most suitable for the welfare of the child include the age of the parent seeking custody, the location of the home where the child will live, the proximity between the child and his or her non-custodial parent, and any medical or legal considerations such as disabilities.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

RI Family Court Client Testimonial

Rhode Island Family Court Testimonial

“I have had the pleasure of working with Attorney Elisha Morris during what is, by far, one of the most taxing and emotionally stressful periods in my life. Her professionalism and care at every contact put me at ease and allowed me to focus on the rest of my life. I took comfort knowing that she had my best interests at heart and would guide me through this tumultuous time.

I would not hesitate to contact Attorney Morris in the future for any of my legal needs.”

 - Suzanne

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

More Mothers Paying Child Support Than Fathers Says Report

More Mothers Paying Child Support

In the case of child custody and child support, more and more fathers are obtaining physical placement of their children, leaving more and more mothers in the position of having to pay child support for their minor children. The rise in this trend began with the decline of stay-at-home moms as more and more women were forced to enter the workforce to help balance the housing budget within the marriage.

As women were lured away from the nest, men were no longer the sole bread-winner, creating a gap in childcare at home, and the massive growth in the child care industry in general. With men reaching the peak in their careers and able to work less hours, while still making substantially more money than women in similar position, this left more fathers able to be home for the children.

Many women were then left with the decision to continue in the careers to which they had devoted a good portion of their lives, or resign themselves to working at less demanding jobs in order to balance out the parenting roles and be home as well. As divorce rates climbed in 2008, another trend emerged involving more moms paying child support, with increases in the amounts they were required to pay, as well as fewer fathers on the opposite side.

More Moms Paying Child Support Say Top Divorce Attorneys

Latest National Survey also Reveals Increase in Payment Amounts

CHICAGO, IL, October 1, 2008 — More women are paying child support these days, according to the latest survey of the American Academy of Matrimonial Lawyers (AAML). In all, 55% of the respondents have cited an increase in the number of mothers who have been assigned to make child support payments over the past five years. Additionally, 42% of the divorce attorneys have seen the size of overall payment amounts rise during the same period of time.

“The changes in our society are almost always reflected in divorce courts and the legal system. The issues involved with child custody payments are certainly not an exception,” says James Hennenhoefer, president of the AAML. “If one spouse is better suited to provide financial care, it is in the best interests of the court and all parties involved to put the needs of the child first.

Interestingly enough, results from the survey revealed that only 1% of AAML members have seen an increase in fathers making child support payments during the past five years. There was a response total of 44% who noticed no difference.

In addition to the question regarding which party is now making child support payments, the divorce lawyers have also cited changes in the size of those payments. Overall, 42% of the respondents said that the amount a spouse must pay has actually increased over the last five years. Only 14% said the payments have gotten smaller, while 44% have cited no change in payment totals during the five year time frame.

Read the full article HERE

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.