Community Property: All property and assets acquired by the couple during the marriage is considered community property, and is owned equally by both spouses, regardless of who earned or purchased it. This also applies to debts, and the couple must evenly split debts upon divorce. Community property is observed in Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.

Equitable Distribution: Property acquired during the marriage is owned by the spouse who earned it. Property will be divided in a fair and equitable manner by the court. Different factors affect what is equitable, including income contributions, homemaking or child raising contributions, or potential earning power. Most states, including Rhode Island, observe equitable distribution.

Property Division in Rhode Island Divorces

Since Rhode Island is an equitable division state, property will be fairly assigned to each party by the court. What is considered fair is based on each spouse’s contributions to the marriage, such as income, assets, and labor contributions. Judges in Rhode Island have a considerable amount of discretion to divide property.

To divide property, a judge will first determine what constitutes marital property. Marital property is property or assets gained during the course of the marriage, including stocks, real estate, vehicles, retirement benefits, business value appreciation, and more. All such property must be divided.

After this has been determined, the judge will then weigh the factors laid out in Rhode Island General Laws statute 15-5-16.1, which include:

• The length of the marriage
• The conduct of both spouses during the marriage
• The contribution of each to acquire, preserve, and appreciate the values of their estates
• Homemaker contributions
• Health and age of each spouse
• Income of both parties
• Occupation and employability of each spouse
• Opportunity for acquisition of capital assets and income
• Contributions to education, training, licensure, business, or increased earning power of the other spouse
• The need to remain in the home for the best interests of any children the couple have
• Either party’s wasteful dissipation of marital assets
• Any other factor the court finds relevant

Finally, the marital estate will be divided by the judge, according to the above factors. Debt will also be divided between the divorcing spouses. Typically, debt will be divided between couples, but if the debt is due to dissipation of assets or other poor choices made by your spouse.

Divorces can be difficult, but finding help doesn’t have to be. Our Rhode Island divorce attorneys can help you with your divorce case, and can advocate for you during property division. Our firm has over 30 years of experience in divorce law, and we can handle your complex divorce. Contact TJC • ESQ today for more information.

1. Contact an Experienced Rhode Island Divorce Attorney

Your first step will be to find an attorney who can guide you through the process. They will be your biggest resource through the process, so it’s important to find a lawyer that you can work with. You may have to meet with a few to find one whose experience, personality, and price meet your needs. Ask for client referrals, information about their successes, their approach to your case, and any other questions that give you a clearer picture of how they work.

2. Create a Clear Picture of Your Finances

Financial information can be complicated, especially if you are the spouse who doesn’t usually handle the money in the marriage. You will need to gather financial information and organize a clear understanding of your marriage’s debts and assets. Bank statements, credit card statements, loans, mortgages, and other financial statements can help you determine what you need to know. Your attorney can also guide you, but you may wish to engage the assistance of a financial advisor. This information will be later used to develop a post-divorce budget.

3. Develop a Budget

Divorce changes many aspects of your life, including your financial needs. Developing a projected budget for after your divorce can help you obtain the settlement you need. Don’t forget to account for housing, transportation, bills, education expenses, and any other costs you may be facing.

4. Talking to Your Spouse About Divorce

Arguably one of the most difficult parts of divorce, asking your spouse for a divorce is an obvious step in the process. If you are unsure of your spouse’s reaction, you may want to gather the needed information before talking to them, so they can’t prevent you from moving forward easily. Be kind when you talk to them, and plan to have the talk when they will have time to process and ask questions without interruptions. If you have previously discussed divorce, this may be easier, but it is possible for your spouse to be blindsided by your request. If you are afraid for your safety, make your request in public or with a neutral third party present.

5. Talking to You Children About Divorce

Another difficult discussion you will need to have is with your children. It is best to have the discussion with the entire family at once, so now feelings are hurt or secrets are told that need to be kept by a child. Approach the conversation cooperatively with your spouse, and explain the divorce is a mutual decision and there will be some changes. Express that your children are still loved and supported, and never lay blame on your spouse. Plan to tell your children at a time when they can process the discussion, and be there to answer any questions they may have.

6. Handle Joint accounts and Debts

Most couples have joint accounts or shared debts that will need to be taken care of in the divorce. Dividing these may mean closing accounts and moving the balance to another account, or drawing up an agreement about who will pay which debts. Mortgages and loans may be refinanced or consolidated to allow one party to take on responsibility for them.

7. Making a Plan for the Future

Planning for the future is a crucial step to preparing for a divorce. Once the process begins, you may find yourself needing a place to stay, finding work, or other changes. Before you begin your divorce, outline a plan of your next steps. Know where you will stay, what job opportunities are available, how you will provide for your children, and what you can do to protect yourself, if necessary. Plan for what will occur after the divorce, as well. If you need help, contact your attorney to guide you through your planning process.

Entering a divorce with a solid plan can ease the process and help you tackle problems as they arise. It is important to gather the support you need, including carefully choosing legal representation for the process. With adequate support and a careful plan, you’ll soon be thriving after your divorce.

Our Rhode Island divorce attorneys have over 30 years of experience helping individuals prepare for and finalize their divorce. Our firm offers caring legal services that will aggressively defend your rights. ContactTJC • ESQ today to learn more about how we can represent you in your divorce.

There are a multitude of reasons why there are so few divorce trials. First, the Rhode Island Family Court system has developed a culture and practice over the years of directly and indirectly promoting divorcing spouses to pursue out-of-court settlements. Whether it be from the pressure of a judge or the spouses’ own counsel, couples are encouraged to work together with one another towards an uncontested divorce to avoid the emotional and physical burden of a trial. In many ways, divorce trials are seen as a breakdown of the system and are discouraged by judges and attorneys alike.

The system itself usually tends to wear parties down to the point where they no longer feel it is worth it to pursue a trial. Lengthy hearings, delays, conflicting schedules of judges and attorneys, and the financial cost of pursing litigation can become overwhelming for the involved parties, oftentimes prompting them to settle. Furthermore, while other types of legal issues such as criminal trials or contract disputes can have a clear winner and loser, divorce cases are not as black and white in their outcomes. Many skilled divorce lawyers can foresee the possible outcomes of a divorce and will encourage their clients to settle, as they will likely do worse if they choose to pursue a trial.

It is also not uncommon for cases to go to the day of trial yet settle before the trial starts. This is usually caused by clients and their lawyers attempting to gain as much leverage as they can to obtain the best settlement possible for their case, sort of like a legal game of “chicken.” This is often the case with particularly contentious cases, such as those involving high net-worth assets.

Simplify Your Divorce with TJC • ESQ. Today
If you are approaching divorce or are already knee-deep in the divorce process, it is important you have a knowledgeable attorney by your side to ensure your best interests are protected. At TJC • ESQ., our trusted Rhode Island divorce attorneys have more than 30 years of experience and can provide the steadfast support you need to guide you and your spouse towards an amicable solution for your divorce.

Come see why our past clients have praised us – schedule a free consultation online today.