Tuesday, July 22, 2014
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.
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