Providence RI Divorce Attorney
At The Law Offices of Howe and Garside, we are staffed with the single most experienced Providence RI divorce attorney.
Divorce petitions must meet a specified set of criterion before they can get filed. They must establish grounds for filing and status of the petition. The majority of divorces get filed on the grounds of “irreconcilable differences” where no party is at fault. Other separations present facts showing separate living addresses for at least three years. There can be divorces filed due to a “fault” due to more severe consequences such as adultery, improper behavior, extreme cruelty and even “gross behavior wickedness repugnant to and in violation of the marriage.” However, there does not need to be a fault to file a divorce and if there is a “fault,” it can be proven through evidence in a trial even if the divorce was initially filed under no-fault premise. Other grounds can be discussed with a Providence RI divorce attorney.
We handle the following areas as a Providence RI Divorce Attorney
- Restraining orders
- Business evaluations
- Property distribution
- Prenuptial agreements and postnuptial agreements
- Military divorces and spousal support
- Legal separations
- Guardian Ad Litem
- Enforcement of orders
- Domestic violence
- Divorce Annulment
- Child support
- Child visitation
- Child or children custody
Rhode Island courts abide by “equitable distribution” when it comes to determining asset and property division. This indicates this is how they divide property and assets. Other states use “community property” theory to divide assets and property. “Equitable distribution” does not mean “equal.” Before the court trial, most parties reach a property settlement agreement in a straightforward uncontested divorce. If a divorce is contested, a Rhode Island court will put a value on all of the property, and decide how it gets split up.
Criterion a Providence RI divorce court uses to determine “equitable distribution” include;
- Length of the marriage
- Behavior of the parties during the marriage
- Contribution from each party during the marriage in the appreciation, preservation, or acquisition in value of their respective estates
- Services contribution of either party as a homemaker
- Health and Age of the parties
- The source and amounts of income of each party
- The occupation and employability of each party, including opportunity for future acquisition of capital assets and income
- Any contributions by one party to the training, licesnsure, education, business, or increased earning power of the other
- Best interests of the children bore from marriage
- Any parties’ wasteful dissipation of assets without fair consideration
- Other factors a court finds to be proper and just
With our new office in Lincoln, RI, we are a Providence RI divorce attorney serving all surrounding RI cities including; Pawtucket RI, East Providence RI, Cranston RI, Johnston RI, Warwick RI, West Warwick RI, Seekonk MA, Rehoboth MA, Swansea MA, Smithfield RI, North Providence RI, Attleboro MA, North Attleboro MA, Woonsocket, RI, Cumberland RI, North Smithfield RI, Scituate RI, Glocester RI, Burrillville RI, Foster RI and Coventry RI.