DivorceAttorneyHome.com >> Divorce Blog >> May 18, 2012

A Friendly Divorce in Rhode Island

Filed under: Divorce by admin @ 9:05 am

Is there really any such thing as a friendly divorce? Actually, the good news is there can be. Rhode Island is a No-Fault (Uncontested) Divorce state. That means, regardless of whether you live in a place like Providence, Fall River, Warwick or any other city within Rhode Island, you can readily and quickly obtain a divorce without a lot of legal complications, that is, if you and your spouse can agree to terms in a friendly manner. It is important to note that a history of domestic violence in a relationship may very well hinder any attempt at a friendly divorce and may even exacerbate the problem, so, if the history exists, it is not recommended by this author you try a No-Fault Divorce without legal counsel.

Once the shock, hurt, and anger have subsided from the initial realization your marriage is over, the time may be right for you and your spouse to seriously look at a No-Fault Divorce. If both parties are mature and reasonable, there is no reason for anything unfriendly to occur, but what both will have to do to accomplish a goal of a friendly divorce is first to forget any personal reason you are getting a divorce. In this case, a personal reason for getting the divorce is what one or both of you might think is what caused the divorce.

The only legal grounds for obtaining a No-fault divorce in Rhode Island is the grounds of irreconcilable differences which have caused the breakdown of the marriage and living separate and apart without cohabitation for three years. If the differences are irreconcilable, any other personal interpretation as the grounds for divorce only become stumbling blocks to a friendly solution. Therefore, it is impervious that both parties are willing to move on with their lives looking forward to a new life, and they need to stay away from unproductive accusations about why the marriage failed and whose fault it was. If you can both get by this fact, you stand a reasonable chance of successfully obtaining a friendly divorce.

When both of you resolve to avoid accusations, then, it is time to meet in order to discuss the details of the marriage dissolution. There are basically three subjects you will need to discuss in detail in order to dissolve the marriage in a friendly manner, so, staying on subject is very important. The three subjects you need to discuss include your community finances, assets and children. Since each of these are complicated subjects within their own rights, it would probably be wise to resolve the issues associated with each subject one at at time. If you can come to a friendly agreement on these three subjects, the rest of a No-Fault and friendly divorce includes placing the information you have gathered together on state documents, signing the documents, and filing them with your local Court of Jurisdiction. Once filed and the Decree is rendered by the Court, Rhode Island has a waiting period of 90 days before the divorce takes place. Once the waiting period is over, the divorce is final.

A No-Fault or friendly divorce is not for everyone. Sometimes, two people can not get by their shock, hurt, or anger, and sometimes they just can’t agree on the dissolution of their finances, assets, or the custody of their children. When this happens, it may be time for you to consider getting a professional counselor to help untangle the legal complications you may face. Contact us at www.divorceattorneyhome.com, and we will help you find a divorce attorney who can answer any legal questions you may have in your situation.

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The Cost of Child Custody Battle in Dallas Texas

Filed under: child custody by admin @ 8:00 am

When it comes to a divorce, child custody is one of the most costly problems that we, in Dallas, Texas, face today. Trying to decide what is best for the children involved is a responsibility many have lost countless nights of sleep over. The costs, financially, emotionally, and in time, consumes the parents, children, and the state and local governments trying to untangle the mess of a broken marriage.

So, why is it that some in the United States has so many problems with such a natural event as raising children? There are many reasons, but probably the overwhelming factor for contributing to problems with child custody is maturity. Merriam Webster defines maturity as attaining a final or desired state. When it comes to raising and taking care of children, a desired state means you must have take on all responsibilities that go with attaining your goal of raising children to the legal age of adulthood. Being able to do so requires you recognize and devote yourselves to the resources at hand that will help you attain the goal. Some of the basic resources necessary to raise children include a source of income, a nurturing and positive environment, adequate shelter, preparation for the future, good healthcare, and an adequate diet. In a nutshell, raising children requires you to be responsible at working hard to provide the basic resources for your children. Both you and your spouse must be in sync, dedicated, determined, and focused on your goals if you expect to be successful in raising healthy children.

When a marriage becomes insupportable because of discord, conflict, or other reasons, as a spouse, what does your mature responsibility then become to your children? In Dallas, if a friendly and formally signed agreement between the spouses concerning basic resources for the children has not been made, the District Court in Dallas county will decide what is ultimately best for the children. If either or both of you are capable parents, one of you will be chosen as the primary physical care taker of the children, called the Custodial Caretaker. The one of you not chosen as the Custodial Caretaker will then be referred to as the Non-Custodial Caretaker. Regardless of how you are now referred to by the courts, neither of you loses the responsibility of raising your children to a healthy adulthood. Because the primary Custodial Caretaker keeps the children most of the time, their resources, like income, will be depleted faster than the Non-Custodial Caretaker’s. Therefore, it stands to reason, if you are the Non-Custodial Caretaker, you may be ordered to contribute toward your child’s resources through what the courts call Child Support.

In Texas, Child Support is usually set at a percent of the Non-Custodial Caretaker’s monthly earnings. These figures are normally arrived at by the courts after carefully and meticulously figuring out a fair amount the Non-Custodial Caretaker can contribute to the resources of the children, the amount the Custodial Caretaker can contribute, and the amount of resource needs of the children. Ideally, the amounts chosen are not intended to break either side, but to maintain the level of resources that best supports the general welfare of the children involved.

Maybe you have found yourself in the predicament of divorcing with children, and you are not sure what is fair and what is not fair when it comes to your children. If you and your spouse cannot amiably agree on a legal solution, you may need legal counsel from a professional who is trained to help you in your situation. Do the mature thing and contact us right now at www.divorceattorneyhome.com, and we will put you in touch with a divorce lawyer in your area who may be able to help you with the legal matters concerning child custody cases and child support.

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