 |
|
|||||||||||||||||||||||||||
 |
 |
|||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||
 |
|
|||||||||||||||||||||||||||
Rhode Island - FAQ'sCan
I obtain a divorce in Massachusetts? Can I obtain a divorce in Massachusetts? Yes, but you do have to meet certain criteria. You can file for divorce in Massachusetts if: 1. The parties live together in Massachusetts during the marriage, and one of the parties lives in Massachusetts at the time the breakdown of the marriage occurred; 2. The moving party lives in Massachusetts at the time of filing and the breakdown of the marriage occurred in Massachusetts; or 3. The moving party lived in Massachusetts for at least one year before filing. Can I obtain a divorce in Rhode Island? You can file for divorce in Rhode Island if you or your spouse has been a domiciled, resident inhabitant of Rhode Island for at least one year continuously before filing the complaint for divorce. How do I respond if I am served with a divorce petition? First, don’t panic! You have twenty (20) days to formally respond to the complaint for divorce. You or your attorney will respond to each and every allegation of the complaint directly and in a separate writing called an “Answer.” Most complaints state blanket allegations and ask for specific relief. Know that a request for relief contained in a complaint is usually generally overreaching in nature. For instance a divorce complaint may ask for “custody of the minor children.” This does not necessarily mean that your spouse intends to exclude you from a custody arrangement. Complaints usually plead the absolute best case scenario for the moving party. How long does it take to get divorced in Massachusetts? The court has instituted time standards for all divorces. The regular track is about 12 months maximum. Judges are becoming more and more strict about moving cases along under the tracking system – a fact that can be both a blessing and a curse depending on whether you are in a hurry to get divorced, or whether your case has more demanding issues. After a dispositive hearing (either after settlement is achieved or there is a trial), the divorce becomes final in 90 days. Massachusetts also allows a filing called a “Joint Petition for Divorce.” Parties can file together and get a hearing within a very short time period if they come to full agreement. A written agreement, along with a myriad of other paperwork, must be filed with the Joint Petition. Divorce becomes final 120 days after hearing and acceptance of the agreement by the court. How long does it take to get divorced in Rhode Island? The court has instituted a tracking system for all divorces. The usual track is about 9 months maximum. Judges are becoming more and more strict about moving case along under the tracking system – a fact that is both a blessing and a curse depending on whether you are in a hurry to get divorced, or whether your case has more demanding needs. After a dispositive hearing (either after settlement is achieved or there is a trial), the divorce becomes final in 90 days. If you have lived separate and apart from your spouse for a space of more than three (3) years, you can allege the separation as the specific grounds for divorce. Your divorce will be final twenty (20) days from hearing on the divorce. What are the different kinds of divorce in Massachusetts? You can file for a typical Plaintiff vs. Defendant divorce in Massachusetts, or you can file a “Joint Petition for Divorce.” Under a joint filing, Husband and Wife can file together and get a hearing within a very short time period if they come to full agreement. A written agreement, along with a myriad of other paperwork, must be filed with the Joint Petition. A vast majority of the cases are filed on the grounds of irretrievable breakdown of the marriage. What are the different kinds of divorce in Rhode Island? There is only one method of filing for divorce in Rhode Island – one spouse must file against the other, even if the terms of the divorce are worked out ahead of the filing. A vast majority of the cases are filed on the grounds of irreconcilable differences causing the irremediable breakdown of the marriage. What kind of financial protection will I have during the divorce? Upon the filing of a divorce, certain automatic orders are put in place by the court taking a snapshot in time of the assets and liabilities of the parties. The parties are both restrained from liquidating any assets or incurring more significant debt in the name of the other spouse. Parties are prohibited from canceling health and/or life insurance. Upon motion by either party, the court can make temporary orders regarding child support, spousal support, or support of an asset. The court can also order the parties to contribute to payment of the marital debt. The party providing the family with health insurance is usually ordered to continue to do so through the pending divorce. How are assets and property divided in Massachusetts? Attorneys and the court look to a variety of factors when determining whether a spouse should get alimony (spousal support, and equitable division of marital assets in a divorce. The specific factors that shall be considered are listed in Massachusetts General Laws Chapter 208, Section 34 as follows:
How are assets and property divided in Rhode Island? Attorneys and the court look to a variety of factors when determining whether a spouse should get alimony (spousal support, and equitable division of marital assets in a divorce. The specific factors that shall be considered are listed in Rhode Island General Laws 15-5-16.1 as follows:
Does it matter if I file for divorce first? Both parties will have the chance to be heard before the court regardless of who files first. In most cases, being designated as “plaintiff” (the first to file) or “defendant” has no practical significance. Being labeled as a plaintiff does not give that party an edge with the court. Most defendants also file counterclaims for divorce upon answering the complaint; thus, they are plaintiffs-in-counterclaim. However, some people do not like the idea of being the “defendant” because they feel it has a negative social connotation. If that is important to you, you should be the first to file. The plaintiff does file the initial pleadings and so has the opportunity to ask for emergency relief before a defendant may even know a case was filed. If your matter involves emergency circumstances, do not delay in filing and bringing an emergency motion before the court. When is alimony awarded in Massachusetts? Whether or not alimony is awarded is very fact specific and adjudged case-by-case, but it is most usually awarded when one spouse earns much more than the other. There is no set mathematical formula for computing alimony. The court considers the factors listed in Massachusetts General Laws Chapter 208, Section 34 (see answer to FAQ about property division), but also considers the entire circumstances of the matter. In addition, the court considers the need of the receiving spouse along with the ability to pay of the paying spouse. For instance, if the custodial parent receives a large child support award, he or she may receive a smaller alimony award because the paying spouse’s ability to pay alimony is diminished. A judge cannot award alimony for a finite period of time. Alimony can only be awarded at a present day rate that can be modified or terminated in the future if a substantial change of circumstances occurs. The spouse seeking modification or termination in the future can only do so by motion to the court. However, parties can make agreements regarding alimony that include set terms and periods, and even complete waivers of alimony. When is alimony awarded in Rhode Island? Whether or not alimony is awarded is very fact specific and adjudged case-by-case, but it is most usually awarded when one spouse earns much more than the other. There is no set mathematical formula for computing alimony. The court considers the factors listed in Rhode Island General Laws 15-5-16.1 (see answer to FAQ about property division), but also considers the entire circumstances of the matter. In addition, the court considers the need of the receiving spouse along with the ability to pay of the paying spouse. For instance, if the custodial parent receives a large child support award, he or she may receive a smaller alimony award because the paying spouse’s ability to pay alimony is diminished. Judges most often award “rehabilitative alimony.” This is alimony paid for a period of time so that the receiving spouse can “get on his or her feet.” Ideally, alimony payments will allow the disadvantaged spouse to get an education or support him or her while looking for a job. Also, parties can make agreements regarding alimony that include set terms and periods, and even complete waivers of alimony. How are child custody issues decided? Child custody issues are the most sensitive issues in a divorce. Litigants sometimes let their heated emotions for each other boil over and affect the lives of their children. The courts act under the “best interest of the child” standard. Both judges and family court lawyers must consider that standard when handling divorce matters. Oftentimes, a judge will appoint a Guardian ad Litem (nicknamed “GAL”) to investigate child custody or visitation issues. A GAL is an independent third party, usually an attorney or member of the psychological field, charged with advising the court on the best interest of the child in a given situation. The GAL will collect records, talk to the parties and children, and talk to collateral sources during her investigation. Usually, the parties share the cost of a GAL equally. The GAL is appointed before a trial on the issues in hopes that the parties will accept the recommendation of the GAL and enter into an agreement along its lines. Trial is necessary only if the parties refuse to accept the recommendation of the GAL. Judges usually give great credence to the GAL’s recommendations. How do I hire a divorce Attorney in Massachusetts and Rhode Island? You must be comfortable communicating with whomever you hire as the divorce attorney. You will be divulging much sensitive personal information (both financial and emotional), and need to feel a sense of trust. Extensive knowledge of family law is a must, so do not be afraid to ask about education and experience. Ask up front about the hourly rate charged for services and whether a retainer (an up-front lump sum payment) is required. Ask about billing procedures. If the divorce attorney hedges on discussing financial arrangements with you, be wary. Overall, you must know that your attorney will represent you zealously, and that your divorce attorney understands your needs. Consultation with a Divorce AttorneyTo schedule a confidential initial consultation with one of our Massachusetts or Rhode Island divorce attorneys, click here, or call us seven days a week at toll free 866-414-0400. Divorce Related ArticlesDivorce mediation in Massachusetts
|
||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||
