7 reasons Americans file for divorce, in no particular order:

1. Not committed: One of the top reasons people file for divorce is the persistent feeling of a marriage with someone who isn’t committed to the health of the marriage. About 25% of men and women also admit to not being dedicated themselves.
2. Fights: It is not unusual for two people to have disagreements, especially when they are in close-quarters. But a marriage’s strength will wilt if the disagreements devolve into arguments or outright fights, especially when no amicable solution is met at the end of them.
3. Infidelity: Cheating is a surefire way to dissolve the integrity of a marriage. While it might not happen as often as other reasons on this list, when it does, infidelity has a much higher chance of spurring someone into filing for divorce.
4. Youth: Overall, the young have a lot to learn in love and life. Marrying before 20 increases the chances of divorce dramatically, possibly due to the fact that many people are still discovering and developing their own personalities so young. By the time they change and mature, both spouses might not like one another anymore.
5. High expectations: Some people have a perfect dream image in their heads of what married life will be like. Since there is no such thing as perfection, finding a couple things that don’t line up with those expectations might be enough to cast serious doubts on the relationship.
6. One-sidedness: Some people see a marriage as the ultimate teamwork operation – if they want it to succeed, they need to cooperate and split responsibilities. When one spouse feels like they are carrying more than their fair share of the work in a marriage, such as paying bills, cooking dinner, and picking up the kids from school, that perceived one-sidedness can corrode the foundation of their union.
7. Domestic violence: It is estimated that about 25% of divorces will include some form of domestic violence. Spousal abuse comes in many forms, such as emotional, financial, and psychological, so not all accounts necessarily include physical violence. Regardless, any sort of intentional harm inflicted upon a spouse is unacceptable.

Despite all of these reasons being common, it is important to remember that there are no required grounds for divorce. If you want to end your marriage, any reason, including irreconcilable differences, will be enough to validate it. You can talk to TJC • ESQ and our Rhode Island divorce attorneys if you are thinking you want to file for divorce but don’t know where to begin. We have 30+ years of combined family law experience we can use to manage your case.

Call 401-400-4254 or contact us online today.

If you surrender the familial home to your spouse, it could affect your:

• Child custody rights: Your decision to voluntarily leave your home and children to your soon-to-be ex-spouse will be interpreted by the court in two ways: you think your spouse is a responsible parent, and you aren’t interested in full custody. You might object that this is not true but, alas, actions speak louder than words.
• Share of marital assets: If the first thing you do is get out of your house, you have made the court’s job much easier and your own life much more difficult. When it comes time to decide who gets to keep the home, the judge may be inclined to say, “Your ex-spouse is already in there and you are settled elsewhere, so the home goes to them, not you.”
• Control of your own property: It may have not crossed your mind because it should be unthinkable, but if you get your essentials and go, the rest of your property is subject to damage caused by your ex-spouse. In particularly heated contested divorces, it is not uncommon for someone to come back to collect their things, only to find that a piece of jewelry has gone missing or their laptop doesn’t turn on anymore.
• Personal finances: Leaving your home and renting or buying a new place right away can be a huge financial strain. The court can order you to still pay part of the mortgage on the family home while the divorce unfolds, meaning you’re effectively paying double rent. You could also be ordered to pay temporary spousal support or child support for stepping out without waiting, even if you make less money than your spouse.

Remember: there is no automatic obligation for you to leave your home, no matter who has paid the majority of the mortgages. If you want to stay, stay. You can pursue a petition for temporary exclusive possession of your family home if the divorce was caused or triggered by your ex’s behavior; if approved, the court will order your ex-spouse to live elsewhere until the divorce is finalized.

If you or your children are in danger of domestic violence, do not stay in your home. Get yourself to a safe location, find a place to stay in the meantime, and get legal help right away. If you live in Rhode Island and are going through a divorce, you can call 401-400-4254 to connect with the Providence divorce attorneys at TJC • ESQ. We can work with you through virtually anyfamily law dispute and help you protect your best interests all along the way.

Contact us today – we also serve clients in Connecticut.

At TJC • ESQ, we know the Rhode Island family court system like the back of our hands. With more than 30 years of family law experience in Rhode Island alone, it makes sense that we would know the ins and outs of the system, its purposes, how it functions, and where they are within the state. We understand, however, that some of our clients might have never had a run-in with family law before and don’t know the basic information. Take a look at the courtroom you need to visit and the below list of their locations to make certain you don’t miss an important court date. (This blog post occurred in early October 2016.)

Five family courthouses in Rhode Island are:

• Licht Judicial Complex
  • Where: 250 Benefit Street, Providence, RI 02903
  • Phone: (401) 222-3250
  • Directions from our office: Just down the road; head eastbound on Westminster Street; cross the Providence River onto College Street; courthouse will be on the right, just beyond Main Street
• Garrahy Judicial Complex
  • Where: 1 Dorrance Plaza, Providence, RI 02903
  • Phone: (401) 458-5400
  • Directions from our office: Just a short trip away; head southwest on Westminster Street; turn right on Dorrance Street (should be heading northwesterly); destination will be on the left, before you reach Exchange Terrace
• Noel Judicial Complex
  • Where: 222 Quaker Lane, Warwick, RI 02886
  • Phone: (401) 822-6750
  • Direction from our office: 20 minute drive to the south; make your way to the I-95 South (you can use nearby Memorial Boulevard for your onramp); eventually use exit 10B to merge onto RI-117 (Centerville Road); take a left onto Quaker Lane; destination will be on the left, just beyond Ginsu Way and Trellis Drive (large, glass-fronted building)
• McGrath Judicial Complex
  • Where: 4800 Tower Hill Road, Wakefield, RI 02879
  • Phone: (401) 782-4131
  • Directions from our office: 40 minute drive to the south; make your way to the I-95 South (Memorial Boulevard onramp is near); eventually merge onto RI-4 South; merge onto US-1 South; eventually take exit towards Stedman Government Center/McGrath Judicial Complex; take the first left onto Hampton Way; complex is at the end of the road on the left
• Murray Judicial Complex
  • Where: 45 Washington Square, Newport, RI 02840
  • Phone: Varies
  • Directions from our office: 50 minute drive east across Narragansett Bay and south – this path crosses into Massachusetts and avoids toll roads; make your way to the I-195 East (Water Street [US-44 E] onramp southeast of our office is likely most convenient); eventually use exit 8A for MA-24 South towards Tiverton; eventually merge onto RI-114 South; continue straight after it turns into both Main Road and Broadway; turn left onto Gibbs Avenue (should be heading southeasterly); turn right onto Kay Street; turn right onto Touro Street; destination will be directly ahead at Spring Street intersection

If you need legal help or additional information, feel free to contact our Rhode Island family law attorneys at TJC • ESQ. You can also schedule an initial consultation to learn more about your rights pertaining to your family law or divorce case.

At TJC • ESQ, we want our clients to be happy and well-informed, so we have outlined five of the most prevalent divorce laws in Rhode Island. If you would like to have the legal counsel and guidance of our Providence divorce attorneys directly, you can call 401-400-4254 or contact us online to schedule an initial consultation.

Five Ground Rules in Rhode Island Divorce Law

1. Fault or no-fault: Rhode Island, like all other states within the country, allow no-fault divorces, meaning someone can file for divorce just because they can no longer get along with their spouse; in legal terms, this is called irreconcilable differences. In Rhode Island, however, you can still file for an at-fault divorce, or one that is spurred on by a specific event or series of events, such as infidelity, domestic violence, drug abuse, and so on. You can also cite a legal separation that has persisted for 3 or more years and develop that into a divorce.
2. Residency: States have a residency requirement before people living there can file for divorce; this is mainly to prevent tampering with estates by hopping across stateliness. In Rhode Island, at least one spouse in a divorce must have lived within the state for at least 12 months prior to the filing.
3. Property division: Rhode Island uses equitable distribution rules when marital assets are split among divorcing spouses. Equitable means fair, not even, so divorcés should not expect to receive a 50-50 split of assets. The court will decide what is “fair” if an agreement is not made between the spouses and their lawyers. Additionally, marital property is anything accrued or improved while the marriage existed. For example, if your spouse owned a business before you got married but you worked there as a manager to help it profit, it could potentially be considered marital property, not separate.
4. Child custody: The divorce court will want to do what is best for the child in a divorce but also operates under the original assumption that a child should be able to see both parents somewhat equally. If this is not the arrangement that you want, you will need to think about creating a persuasive argument that states otherwise.
5. Child support: How much child support a parent can earn depends on the income of themselves, their ex-spouse, and how much time each of them spend with their children. The more a parent makes and the less time they spend raising the children after a divorce, the more likely they will pay a considerable amount in child support to their ex on a regular basis. The court also has the ability to increase the child support payment a spouse receives if they are earning less than their maximum earning capacity due to their parental responsibilities; this is sometimes seen as a roundabout way of creating spousal support that does not necessarily follow any alimony agreements.

In Rhode Island, if you only paid the basic filing fees and money the court and clerks collect for their services, you could potentially start and finish a divorce for a little under $1,000. But paying just those fees requires a completely uncontested divorce with absolutely no delay. In other words, you can’t bank on that happening due to all of the unique circumstances that are affecting your divorce process.

If there is a single point of concern that causes your divorce to become contested, you will need additional court dates to come up with an agreement, which equates directly to more money given to the state. If you want to make certain you are understanding the language in your divorce agreement fully, you will need to hire a divorce attorney, which, of course, also costs money. If you have high-value assets that need a professional appraisal, you’ll need to pay for that as well. If it isn’t clear already, services and necessities can add up.

Cutting Your Divorce Costs Where You Can

Despite all the unknowns, the cost of your divorce is still largely up to you. You can reduce how much you pay by doing your best to get along. Less arguments and fights means less time spent trying to hash out details with your lawyers. Try to keep an open mind throughout the process and see things from your ex’s perspective and you might find yourself coming to easy agreements.

But the real “cost” of divorce is not what you pay in fees but what you lose to your ex. Not comprehending what you’re signing is a great way to find out you lost your share of the family business, the family home you thought had been agreed to go to you, a portion of your own retirement savings account, etc. The money you spend on a trustworthy attorney will be nothing compared to what you stand to give up in a one-sided divorce agreement.

For loyal and reliable service in Rhode Island, contact TJC • ESQ today. Our Providence divorce attorneys work closely with you throughout your divorce process to help you reach an amicable solution that respects what you consider to be your priorities and best interests. Request a free consultation with our staff today and ask us about your legal options and our attorney fees.

1. Your children: Out of everything that can give an unhappy spouse doubt about divorce, children are easily the number one factor. Children of all ages will react to a divorce in one way or another, usually with sadness. They may hide their feelings and try to stay strong for you if they are teenagers, but odds are they are unhappy about the decision. If you think that holding onto your marriage for their sakes is the right decision, you may want to talk to a marriage counselor.
2. Overall happiness: Inspecting your feelings of dissatisfaction with your marriage could reveal dissatisfaction in other areas of your life as well. Many people on the verge of divorce may change their minds once they admit that their work, hobbies, or passions are no longer keeping their attention. Is there something else going on in your life that could be negatively impacting your happiness overall?
3. Financial situation: Sometimes divorcing means dropping one or both spouses into a tight financial situation, especially if a spouse will lose health insurance coverage as a result. When the lack of finances will likely lead to undesirable, or even dangerously low, levels of income, divorce might be substituted for legal separation, which typically severs less marital ties.
4. Old emotions: How much of your feelings from when your marriage was working remain now that you are considering divorce? Is there some part of you that is still in love with your spouse? People thinking about ending a marriage tend to get snagged right before filing because they rediscover an old emotion they thought had gone completely.

With all of this said, it is important to realize that divorce is neither something to expedite, nor is it something to intentionally avoid. Your happiness should be your priority, and you should act based on what will benefit you most in the end.

If you do believe that divorce is the solution and you live in Rhode Island, TJC • ESQ can help you with the legal aspects of divorce. Our Providence family law attorneys have more than 30 years of collective legal experience. Call 401-400-4254 to about our full range of services during an initial consultation.

Postnuptial Agreements – The Safety Net of Marriages

You have probably heard about prenuptial agreements before. The documentation spouses-to-be create and sign together before they ever get married that discusses what to do and what should be done in the event that they decide to divorce later. Prenuptial agreements are a great way to plan ahead and reduce worry during your marriage. It is almost as if your marriage is an airplane and the prenuptial agreement is your parachute; you hope you don’t need it but it is great to have it under your seat all the same.

A postnuptial agreement is the twin documentation to prenuptial agreements, doing basically the exact same thing but being created after the marriage is finalized. Think of it like the safety net for the tight-wire walk that is your marriage; you both have already stepped onto the rope, you both are confident you are going to make it across, but now that you think about it, setting a net below is just a good idea in all scenarios. If anything goes wrong, the impact of the fall will be absorbed and there should be no dramatic complications.

Three of the main topics a postnuptial agreement should discuss are:

• Alimony
• Property division
• Debt division

In many cases, anything regarding child support and child custody is off-limits for a postnuptial agreement. Rhode Island divorce courts, as well as most other state courts, do not approve of predetermining the needs of a child after divorce and would rather handle related concerns as they arise.

There is No Need to Be Upset

Prenuptial agreements sometimes are cast in a negative light due to the fact that people can perceive its creation as a spouse’s hesitation to get married. Postnuptial agreements are generally even more frowned upon. When a spouse brings up the idea, the other may become upset and think it is nothing but a precursor to divorce, but the reality could be the exact opposite. Many people who want to make a postnuptial agreement do so because they care deeply for their spouses, so much so that they want to ensure they are comfortable and secure should their relationship fall apart. Planning ahead for the “what if” and “just in case” scenarios may spare both spouses stress, trouble, and some heartache later on.

If you think a postnuptial agreement could be a wise choice for you and your spouse, contact TJC • ESQ. Our Rhode Island family law attorneys would be happy to explain the benefits of postnuptial agreements and what you should include in yours. When it comes time to draft and sign one together with your spouse, we will be there to guide you as well. Just call 401-400-4254for a completely free consultation today.

Electronic Discovery Methods in Divorce

To create a strong argument as to why you should keep or receive certain pieces of marital property in your divorce, you will need to consider all your options. In today’s digital age of technology, this means using electronic discovery methods whenever possible. Emails, financial records, social media posts, photographs, and more can all be powerful pieces of evidence when used correctly in your argument. Did you find a post about your ex seeing another person before you finalized your divorce, for example? Gather up the e-evidence properly and it could influence the court to grant you a bigger, or more equitable, sum of the assets being divided.

Marital Property Compared to Separate Property

What is going to get divided during property division processes anyway? In Rhode Island, allmarital property is subject to asset division, and marital property is anything that was acquired, earned, or improved during the course of your marriage, as well as anything that was used to benefit the two of you. Imagine that your spouse was the sole owner of a home before you married and through your deliberate efforts during the marriage, the home’s value went up, such as if you successfully added another room or wing. The court could define that as marital property and you would have a fair say to some of it. Similar considerations come into play in a divorce involving business dissolution Rhode Island.

Separate property, or what you owned prior to the marriage and never shared, will not be divided in a divorce. In the big picture, truly separate property is hard to find, for most people end up sharing their own property with their spouse, or at least use it to benefit them. Rhode Island courts are even permitted to put up items that are objectively separate for property division in certain circumstances; this is not common but can come up in extreme cases, such as if domestic violence spurred the divorce.

Don’t Forget Debts and Alimony

Most people think about tangible pieces of property or cash collections when they think about property division. But there is one thing that you probably don’t want to split, but may be forced to: debt. Any debts that you accrued together as a married couple will be divided accordingly. You may be able to be assigned less debt if you can persuade the court that you were more financially responsible than your ex.

Spousal support will also not be established until all property division agreements come to an end. If your ex has requested a large sum of alimony but also received the lion’s share of your marital property, you should be able to expect to pay less alimony, if any at all.

If you have additional questions about property division in Rhode Island, be sure to call 401-400-4254 to contact TJC • ESQ. Our Providence divorce attorneys can guide you through this careful process from start to finish, all the while defending your best interests and your hard-earned assets. Initial consultations are free.

For starters, modifying child support agreements is similar to modifying anything covered in your divorce in the way that it may not be done “on a whim.” The court will need to see that something significant has happened before it will even consider your proposed changes. But what is significant? This is where matters start to become unique.

Child support payments are there to benefit your child first and foremost. This means that changes in their life may be significant enough for the court to consider altering the previous agreements.

For example: If your child is passionate about music and insistent on enrolling in band class, there may be high costs and fees associated with this hobby, such as price tags on instruments and uniforms, that are simply out of your financial range. To keep them happy and learning, you can request additional child support payments for a set sum and a set amount of time.

Personal interests may be, admittedly, difficult for a court to consider significant. Generally child support payments based on a child’s needs are spurred on by medical necessity. An injury or illness may debilitate them, necessitating certain care or requiring modifications around your home, such as wheelchair access ramps. Beyond their own necessary care, if you suddenly lost your source of income or needed to make medical payments of your own, child support modification may be a possibility.

To learn more about this subject, or for help with a family law issue of any kind, contact TJC • ESQ and our Rhode Island divorce attorneys today. We would be happy to tell you more about your legal options during a free initial case evaluation. Just call 401-400-4254 today.