August 19, 2013
Five Facts About RI Divorce That Might Be Tough to Hear
No one wants to get divorced, but if the inevitable happens there are a few things you need to keep in mind as you move forward with the dissolution of your marriage.
1. Though it is not always the best choice, it is always “easier” to stay married. ~ This fact may not save your marriage, but it may save you from endlessly lamenting about the RI divorce process. Yes, divorce stinks, and yes, it is technically easier to stay married, but in most cases if you’re ready to divorce your spouse, you have already explored all of your options in terms of mending the relationship. Resolve yourself to move through the process to the best of your ability and get to the other side where you can start a new life.
2. The house may have to go. ~ The only thing worse than getting divorced is trying to hold on to the house for sentimental reasons when you know that you can’t pay the mortgage alone (or it will be a hardship to do so). This is particularly true if you have children. While the move may be difficult at first, having you available to them while they go through the divorce process too will be more important than staying in the same house. In some cases, in fact especially if you had a difficult marriage with a lot of fighting and trauma, moving may give everyone the chance to start fresh in a home with more positive energy.
3. If you do not pay child support, you will go to jail. ~ That one is pretty self-explanatory, and yet so many non-custodial parents fail to pay when their support is due. Pay it on time, in full and you can avoid the added financial and emotional burden of having to appear in court and subsequently being placed in jail for failure to pay your child support.
4. If you cannot agree on certain issues, the court will decide for you. ~ Issues in particular relating to the separation of property and those having to do with any minor children of your marriage are taken quite seriously by the court. If you and your spouse cannot reach an agreement in these areas, the court will decide based upon the laws for the division of assets in RI, and what will be in the best interest of the children.
5. Spouses are rarely awarded both alimony and child support. ~ The circumstances that must be present for a spouse to be awarded both alimony and child support are a dwindling statistic. Find out what your rights are, but be prepared to accept child support in lieu of alimony unless you meet a strict set of criteria for the time that you were married to your spouse.
If you need help with a Rhode Island divorce or child support issue, contact me at (401) 942-3100 for a free consultation.