Fault,Divorce,Rhode,Island,Mis law No Fault Divorce in Rhode Island is a Misnomer


When you work with an attorney, you will have no problem reducing the risks associated with getting your case in front of a judge and jury, or other formal court, when you need to. However, every case is different. It is important to work wi Bankruptcy is a situation, wherein an individual is termed as unable to discharge all the debts. When a person or a company is not able to pay off its creditors, it has an obligation to file a bankruptcy suit. In fact, a bankruptcy suit is a


Rhode Island is a "no fault state". Does that mean the assets are always divided 50% to the wife and 50% to the husband in a divorce?No. A no fault divorce in Rhode Island simply means that a fault grounds are not necessary in order to obtain a Divorce in Rhode Island. In other words, all the parties have to prove to obtain a divorce in Rhode Island is irreconcilable differences that led to the breakdown of the marriage. However, the parties are free to allege other various fault grounds as a cause of the break up of the marriage. Even if a divorce is a "no fault " divorce it does not necessarily mean that it will be an uncontested divorce.Please contact a Rhode Island Divorce Lawyer for more information"No fault divorce" does not mean that fault is not significant! Fault can be extremely significant in Rhode Island. If a party can prove that the other party is at fault for the breakup of the marriage, then they can seek a disproportionate share of the marital assets. Fault may also be a small factor to determine whether or not a party is entitled to alimony.The following types of behavior could be grounds to obtain more than fifty percent of the marital assets: alcoholism, drug addiction, domestic violence, criminal history, incarceration, extra marital affairs (cheating), abusive behavior, gambling, emotional abuse, sexual abuse, financial mismanagement, criminal activity, abandonment, etc. You should consult with a Rhode Island lawyer / attorney concerning the circumstances of your case and how they will affect your divorce.What is an Uncontested divorce in Rhode Island?An uncontested divorce is a divorce in which the parties agree to all issues involved in the case including child custody, child support, visitation, equitable division of the marital domicile (real estate) etc.What does a "no fault" divorce mean in Rhode Island?In some states, it is necessary to prove fault grounds in order to obtain a divorce. Under Rhode Island Divorce and Family Law, it is not necessary to prove fault grounds in order to obtain an absolute divorce. All you need to do is prove irreconcilable differences in order to get a divorce. Irreconcilable differences can be anything from lack of communication, different goals and aspirations, affairs, domestic violence, arguing, fell out of love or actually anything. In other words, if either party wants to terminate the marriage, then that party can get a divorce in Rhode Island so long as the other jurisdictional requirements in Rhode Island are met.How does fault affect a Rhode Island (RI) divorce?Even though Rhode Island is a no fault state, fault can play a very important role in how the court equitably divides the assets and debts of the parties. After the family court has determined what assets are in fact marital assets, then the court will look at various factors to determine the equitable division of assets. The court may consider the following factors in determining equitable assignment of the property.a) The length of the marriage;b) The conduct of the parties during the marriage;c) The contribution of each of the parties during the marriage in the acquisition, preservation or appreciation in value of their respective estates;d) The contribution and services of either party as a homemaker;e) The health and age of the parties;f) The amount and sources of income of each of the partiesg) The occupation and employability of each of the parties;h) The opportunity of each party for future acquisition of capital assets and income;- Source: R.I.G.L. 15-5-16.1 (Rhode Island General Laws)among other factors which are set forth in R.I.G.L. 15-5-16.1. That statute specifically states that the court can consider any factor which the court so expressly finds to be just and proper.Please note that in many cases the parties decide to divide the property 50% to the wife and 50% to the husband. One of the most important factors the Rhode Island Family Court judge will look at in granting the husband or wife a disproportionate share of the marital assets is if the other party had an affair, was emotionally or physically abusive or had substantial drug and alcohol problems. The court will also look at other negative conduct in awarding a disproportionate share of the marital assets.It is not uncommon for a judge to award a 60/40 or 55/45 distribution of marital assets in a divorce if the Family Court finds that one party had an extra marital affair and that affair/ infidelity led to the breakdown of the marriage. Cheating on your spouse can cost the adulterer a lot of money!Rhode Island Attorneys legal Notice per  RI Rules of Professional Responsibility:The Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.

Fault,Divorce,Rhode,Island,Mis

law

Everything You Need to Know About Employment Lawyers in Los

By and large, the employment law in the US is state-specific, which means hiring a lawyer specializing in the domain must be well-versed about the rules and regulations relating to employment in the state is vital. On the other hand, the leg ...

law

Can Your Ex-Husband Claim Custody If You Are Remarried?

Family Lawyers of Dubai herein wishes to address this reoccurring issue of custody of the child or children, should the mother re-marries following UAE Shariah Law.The very concern of this article is to understand the circumstances where th ...

law

A Will Lawyer Can Make Sure Your Will Is Legally Binding

A last will and testament is a legally enforceable document by which the creator of the will, also known as the testator, expresses their wishes as to how their property is to be distributed after death.They also assign a person to manage th ...

law

Estate Planning Tools a Living Trust In Michigan

There are various options for estate planning. One of them is the living trust.A living trust or "revocable" trust is a legal document through which your assets are placed into a trust during your lifetime. Upon your death, your assets in th ...

law

How Much Do You Know About Living Trust Michigan?

A living trust in Michigan is a very popular estate planning tool which allows you to easily pass your assets to your heirs privately by avoiding probate court. This differs from a will because a last will and testament requires probate cour ...

law

Are you aware of New Electronic Arrests In UAE?

The concerned Law is in line with the new Penal Code of UAE (Federal Decree-Law number 17 of 2018 amending Federal Law number 35 of 1992) allowing for confinement of accused in a specific area that is either his place of residence or other s ...

law

Dont Miss Out New Electronic Insurance Policies In UAE!

Bearing in mind, the electronic insurances, Insurance Authority along with UAE Government, issued a draft for Electronic Insurance regulations (the Draft Law) in early in this year. The intention behind the issuance of this Law was to govern ...

law

'Long live Nirbhaya', 'Bharat Mata ki Jai'! Slogans chanted

At 3:30 AM when the convicts were woken up, they finally came to grips with the reality of their awaiting death.As the clock struck 5.30 AM on Friday, the crowd assembled outside the Tihar Jail burst into celebration and even distributed swe ...

law

Nirbhaya's Mother On March 20 Death Warrant For Rapists

Nirbhaya assault and murder case A 23-year-old paramedic understudy Nirbhaya was assaulted inside a showing transport to six people on December 16, 2012, in Delhi. The unfortunate casualty was seriously attacked and tossed out and about alo ...

law

What To Look

Have you ever been injured due to someone else's carelessness? Have you lost a loved one due to somebody's reckless driving? The pain in such situations can be excruciating enough to break you. But this is just the time you need to be strong ...

law

The Constitution of the United States

The constitution delegates enumerated powers to the national government. For instance, Article one of the United States Constitution spells out 27 powers to Congress. Section 8 of this article provides Congress with among others, the power t ...

law

Chapter 7 Bankruptcy Lawyer: All You Need About Its Process

In legal terms, chapter 7-bankruptcy is extensively acknowledged as a liquidation method bankruptcy process. According to the rule, in chapter 7-bankruptcy, the court authorized trustee has the right to liquidate or sell a considerable porti ...

law

What You Should Know About Freelancing In Dubai?

It also reduces the cost for big companies to hire freelancer rather than employing the specialist. Nevertheless, Top Lawyers of Dubai have witnessed the hesitance in opting for freelancing in Dubai regardless of numerous attractions. Accor ...