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Rhode Island Family Law Blog

How can you fight for your separate property in divorce?

Divorce is a complicated and emotionally charged process. It will not surprise you to learn that property division is often one of the most contentious processes in a Rhode Island divorce. If you are facing the end of your marriage, you may be wondering what will happen to your personal property and how you can secure a strong future. 

One of the most important steps in the property division process is to determine what is separate property and what is marital property. Marital property is anything you accumulated over the course of your marriage, and it is eligible for division between the two spouses. Separate property is yours, and your spouse does not have a claim to it.

Did your loved one suffer a spinal cord injury in a car accident?

Car accidents happen on a daily basis. Though many people may have the ability to walk away from those accidents without serious harm, others are not so lucky. In fact, your loved one may have suffered a catastrophic injury that left his or her life changed forever.

Because you love the injured person, you may be gaining information on the injury, possible treatment options and maybe even routes for seeking compensation for the damage caused by the accident. If your loved one suffered a spinal cord injury as the result of a crash caused by someone else's negligence, gaining such information is wise.

Retirement, divorce and your financial future

The end of a marriage is a complex process that requires two parties to divide the money and property they accumulated over the course of the marriage. This includes various types of retirement accounts as well. If you are facing the end of your marriage, you probably have serious concerns about what this step will mean for your financial future.

No matter your age, you may already be thinking about retirement. Most people have plans for their golden years, but your divorce may require that you adjust some of your expectations for what you will be able to do. While it is likely that your divorce will impact your long-term plans, it is possible to secure a future that is strong and stable.

Important factors in complex child custody cases

When parents divorce, one of the most important concerns they will have is probably regarding what will happen to their children. Child custody is often one of the most complex and difficult issues to resolve in a divorce, and there are strong emotions involved. It can be especially difficult when two Rhode Island parents are at odds over what their custody and visitation order should look like. 

If you are facing the prospect of a potentially difficult child custody battle, there are things you can do to prepare for what is ahead. When you are familiar with your parental rights, you will be able to defend them and fight for a strong and stable post-divorce future for your kids. Custody issues are often contentious and sometimes confusing, but you do not have to face them alone.

Not getting a QDRO could be an expensive divorce mistake

After diligently contributing to your 401(k) for years, you may have accumulated a decent retirement fund. You and your spouse probably had plans for what you would do after retirement, and that money was going to help make those dreams a reality.

Then, the unthinkable happened, and you now face divorce. As part of your property division, you need to divide those retirement funds. Your first thoughts may be about how to rebuild that fund quickly so that you can retire, and rightly so. However, you have another issue to address with dividing this account -- the taxes. If you aren't careful, you could end up paying a hefty price for splitting those funds, and it's completely unnecessary.

Truck accidents can cause devastating loss

If you suffer injuries in a traffic accident in Rhode Island or Connecticut, you may find yourself dealing with a variety of professionals, including doctors, insurance adjusters and auto mechanics. You may not think of adding an attorney to that list, but this is something you may want to consider, especially if your accident involved a tractor-trailer or other large, commercial vehicle.

To begin with, the extent of your injuries may be quite severe, perhaps more severe than those you may have suffered in an accident with a vehicle similar in size to your own. In fact, it is possible you may have lost a loved one in the accident. Dealing with these losses can be devastating. While you may not be ready to think about the financial cost of your accident, you will soon be facing those issues, and an attorney may be able to lighten the burden for you.

Protecting your rights during the discover process

The property division process is one of the most important parts of your divorce. The terms of your final order will impact your future for years to come, and it's in your interests to secure reasonable terms that will allow you to have a stable, strong future. It is helpful to know how to protect your interests at every step, including during the discovery phase. 

The discovery process is the exchange of information as both parties hand over everything they have regarding their financial and economic states. This allows the division of property to be fair and ensure that each spouse receives an equitable share of marital property. It may help you to learn more about the discovery process and what to expect from it.

Do you believe legal separation is a smarter choice for you?

Every family law case is different. Whether you want to file for divorce or settle a custody dispute, the right solution depends on the details of the individual situation. If you are dealing with family law concerns, you will want to consider the long-term impact of any choices you make and how you can secure the best possible future. In some situations, this may mean seeking a legal separation instead of a divorce when a marital relationship is over.

Your marriage may be over, but that does not necessarily mean you have to rush in to a divorce. There are many situations in which it makes more practical, legal and financial sense to legally separate. However, like other important family law decisions, it is critical to think carefully about all options before moving forward with a specific choice.


At TJC ESQ, our legal team is committed is taking advantage of technology to help our clients with their complex divorce cases. With the help of various technological aids, our attorneys can track down assets your spouse has hidden and uncover other crucial evidence that will make your case stronger.


Attorney Tim Conlon of TJC ESQ, a leading family law firm in Rhode Island, was recently called upon to make sense of a complex client case. Thanks to his efforts, state-of-the-art technology used for each case, and his impeccable ability to find hidden assets, the client ended up with a much better case result than it looked like she was initially going to get.

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