Understanding Property Distribution In Rhode Island

 Someone who doesn't have a lot of experience in legal battles may have certain assumptions about how the divorce process works. A common assumption about divorce is that all marital property is divided in half. This is not the case for each state.
 Because Rhode Island is an equitable state, the division of assets is not based on who has their name on each asset. The judge considers the following when distributing property:
- Duration of marriage
- The conduct of each spouse during the marriage and divorce proceedings
- The contribution of the spouse considered to be the homemaker, if applicable
- Age and health of each spouse
- Ability to obtain gainful employment
- Amount of money invested by one spouse for the other spouse's training and education

In order to file for divorce in Rhode Island you must prove residency for at least one year. You can file for no-fault or fault based grounds in Rhode Island because it is a mixed state. No-fault divorce will be granted for irreconcilable differences, or if you have been separated and living apart for at least three years. Fault based grounds are as follows:

- adultery
- impotence
- drug abuse
- extreme cruelty
- continued drunkenness
- any other lewd or cruel behavior

Going through this process can be scary if you attempt to do it alone. Make sure to do your research and contact an experienced Rhode Island divorce lawyer.

How Does Facebook Affect Divorce Rates?

Since the advent of Facebook, many people have reconnected in a way that was impossible before. When do the reconnections get in the way of a marriage? How does the use of Facebook affect your marriage? Read the article below to find out.

“If the preliminary findings in this study are sustained, it would represent an important step forward in the study of SNS and human behavior,” the researchers noted in the study’s conclusion. “It would also raise profound questions about the role of social media in daily lives. Finally, it would spur new lines of research in understanding the role of Facebook in divorce and marital satisfaction, prompting a host of policy-oriented research endeavors by social scientist.”

— Read More At Sacramento CBS local

What You Need To Ask Before Fighting Over Your Children?

The number one thing that people argue the most over is the custody of children during a divorce process. If the arguing becomes too public and hostile, your children will only damage them long-term. How can you avoid inflicting too much conflict on your children? Here are ten questions to ask yourself before continuing a child custody battle.

Do you want your children to endure months of anxiety and uncertainty as to where they will be living and whether they will have the relationship they want with each of their parents and their siblings?

— Read More At Huffington Post

Update Your Will Before Your Next Big Trip

After a long,cold winter the first thing on everyone's mind is where they are going for vacation. This time of year is also the best time to tune-up your current estate plan. Reviewing your estate plan prior to a big trip is a common practice, and the article below helps you determine what to focus on.

In general, we suggest that you review your estate planning documents every three to five years to ensure that everything is according to your wishes. However, preparing for a big trip is the perfect time to pull out your existing estate planning documents and make sure that your executors, trustees and guardians are all still who you wish for them to be. In addition, make sure that the provisions for your family still comply with your wishes. If it has been many years since you completed your documents, there have likely been changes in both your life and the tax law since that time. Your Dinsmore attorney can work with you to make any necessary changes so that all of your documents are up to date before you set off on your next excursion.

— Kristin M.Lenhart

How Does A Prenup Factor Into Estate Planning?

How does a prenup play into your estate plan? If there is a major age difference between spouses there may be a conflict if the elder spouse passes away and has children. Read this informative article for advice on prenups and estate planning.

For example, suppose a moderately wealthy woman with four adult children marries a somewhat younger man with few assets. The woman dies and upon her death her property goes to her new husband. A couple of years later the husband dies leaving what was the woman’s property to his own kids.

— Read More At The Spectrum

What Can You Learn From Lou Reed's Estate?

Many people know Lou Reed as the man who crooned "hey babe,take a walk on the wild side", but what you may not know is that applied the song lyrics to real life. For a man who was worth an estimated $30 million, he didn't act conservatively with his estate plan. Instead of a revocable living trust he relied on a will, and now his relatives can't avoid the public process of probate court.Read more about his situation below...

It’s much easier to file objections or challenges to a will in probate court, than to a trust which is administered privately, outside of probate court. Further, it’s much simpler for anyone to leave detailed instructions, with conditions, limitations, and suggestions, in a comprehensive trust document, rather than a will — even one that is 34 pages long. In fact, trusts can even help you when you are alive, but before you die, by addressing who and how your assets are managed if you are no longer able to do so. Wills can’t help with that.

— Read More At Huffington Post

What To Expect During The Divorce Process

So you have finally decided to start the divorce process, what happens now? Listen to your divorce lawyer about any shared financial responsibilities, and tread carefully in your personal life during this process. What else can you expect to happen when you file for divorce? Read below to find out more.

Expect to enter a bizarre time warp. It's rare that partners reach a mutual decision to divorce. Typically, one partner makes this decision and the second spouse gets dragged along. (Let's call them the "dumper" and the "dumpee.") In any event, in most states, when one spouse says it's over, it is. There may be hoops to jump through but if someone wants out of a marriage (and tells the court that the marriage is irretrievably broken) the court will eventually dissolve the marriage. Of course, before a couple can be divorced parenting and financial decisions have to be made and paperwork must be prepared and filed with the court. To the dumper, this whole thing may feel like it's happening in slow motion. And, for the dumpee, it moves at the speed of light.

— Read More At Huffington Post

Divorce Can Affect Your Financial Future

After spending years together, sharing traveling plans and family vacations, a divorce can be a deeply heart-breaking experience. The person that you thought you would have forever with is now separate from you and your future plans. It can be extremely difficult to even think straight during this time, but it is imperative to consider how this divorce will affect your estate planning.Read more about how divorce can complicate your financial future below...

One of the most overlooked aspects after a divorce is estate planning. People often forget to update the beneficiaries of their retirement accounts and life insurance policies. If your beneficiary forms are not changed, your ex-spouse may inherit a large portion of your assets in the event of your passing.

— Joel Harris

What Happens To Your House While You Are Legally Separated?

What do you do when you own a house with your spouse, but you aren't yet divorced? Depending on the state you live in, you may have to stay separated for awhile, and you are stuck paying a mortgage on a home that you do not inhabit. This may seem frustrating, especially when you are not on the best of terms. The following article explores the difficulties and options of this particular problem.

If you’re buying a home for yourself, your spouse would have to sign a quit claim deed releasing their interest in the property you are buying since you are still legally joined with that person. The key is that the spouse must consent to releasing their interest in the transaction.

— Read More At Fox Business News

Pacer's Paul George Wants Sole Custody

What happens when one parent makes substantially more than the other, who gets custody? Should the person who has the most financial resources automatically become the custodial parent? This is often the battle with public figures,and the Pacer's Paul George is fighting for sole custody of his daughter. Read more about this below...

George's petition would allow for limited parental time sharing with the child for Rajic. George is also seeking to move the trial to Florida, where George met Rajic. It has been delayed until the judge determines jurisdiction.

— Read More At Indy Star

Divorce For The Royal Family

Divorce is complicated enough without having to worry about your spouse's family and the implications your split will have on them, but this is what royals must deal with. A divorce is far from simple, as there have been laws in place for years that protect the royals in such situations. This is the case with Camilla Parker Bowles, who has decided to divorce Prince Charles after nine years of marriage. Read more about this complex situation below...

It is understood that all is not well between Queen Elizabeth and the Duchess of Cornwall, with the former taking a dislike for the latter's alleged drunkenness. Several reports have also claimed that the Queen might pass on the throne to Prince Charles' eldest son Prince William, when her reign ends.

— Read More At Ibtimes.com

What You Need To Get Through A Divorce While Pregnant

Divorce can be mentally and physically draining, especially if you are pregnant during the process. What extra steps do you need to take after deciding to divorce, while expecting? The article below answers this question...

"As a new mother, the first few months I could barely keep my eyes open (by the way, sleep deprivation sucks)! When my daughter started sleeping through the night, I went through my share of iconic breakup flicks such as 'Living Out Loud,' 'Bridget Jones’ Diary' and 'When Harry Met Sally.' I devoured microwave popcorn and mint chocolate chip ice cream. I blew through boxes of Kleenex. It may be cliché, but sometimes it simply works. It’s important to let sadness move through you, instead of holding onto it."

— See More At Huffington Post

What You Can Learn From Sherri Sheperd's Bizarre Custody Situation

There are so many alternatives for people who can not conceive naturally that it can be overwhelming trying to figure out all the possible problems that may occur. One thing that couples often are not prepared for is the custody arrangement if you and your partner divorce. This is one situation where we can learn from a celebrity, and this time it is Sherri Sheperd, read about the bizarre custody battle below...

Apparently, the couple had attempted to become pregnant through in-vitro fertilization, but the procedure didn’t work for the 47-year-old Shepherd, so they turned to a different fertility option: a surrogate mother. A baby was conceived using Sally’s sperm but not, apparently, Shepherd’s egg.

— Read More At The Blaze

Why You Should Start Estate Planning Now For Your Children

Those with children understand the importance of providing for them in the future. It pays to plan now for anything that can get in the way of your child's safety and security. This may seem difficult to envision when you are a young parent, but is necessary for your child to think of these things today. Below is an excellent advice piece that guides those who are unprepared for their future.

If the fact you won't be there to protect your children concerns you, this is what you need to do: First, execute a will and name a guardian and a successor or two. Put a lot of thought into it and talk to the person before naming them in the will. Remember, children aren't a stamp collection or a bank account. Not everyone is parent material. Raising children requires a lot of time, money and patience, and not everyone is up to the task. That doesn't mean they are bad people. It's just that their strengths aren't in the child-rearing area.

— Christopher W.Yugo

Three Documents You Need For Estate Planning

Many people put off estate planning because they aren't prepared to have every important document ready when needed, but you would be better served to focus on three main documents. As long as you have documents that outline the intended beneficiaries and your personal information relating to your financial status, you can start on the planning. The article below highlights the three groups of documents that you need for estate planning.

Your powers of attorney may look different, and go by different names, depending on your province. Still, these documents should provide another person with the ability to make decisions over your financial affairs and personal care in the event you’re unable to do so. These documents are effective while you’re still alive but can’t look after yourself (once you’ve died, your will becomes the key document governing your affairs). Again, look for an experienced lawyer to assist in preparing these documents.

— Read More At The Globe And Mail