Each state in the United States has their own Family Court Law and Divorce process. While some of the procedures may carry-over from state to state, it is always in your best interest to discover the basics of what your state will require from you prior to making the decision to move ahead with your divorce.
1. RI has a residency requirement. – This means that either you or your spouse must have lived in the state for at least one next prior to the filing of your divorce petition. You needn’t both live in the state for that minimum, only one of you.
2. RI has a waiting period. – This means that you must wait at least 60 days after you file your divorce petition to get a hearing on your case. There may be a requirement that you undergo counseling during this time, and all parents of minor children in RI are required to attend a seminar on parenting through and after the divorce.
3. RI has ‘grounds for divorce’. – This means that you may choose from several different grounds for your divorce, according to what fits your unique situation. Only an experienced Family Law attorney can give you the proper advice and guidance in this area as the grounds range from cruelty and adultery, to simple irreconcilable differences and ‘separate and apart’ status.
4. RI has a procedure for the ‘division of property’. – This means that the court will consider and evaluate various criteria in their decision regarding division of the marital property. You will be asked to arrive at a decision on your own, however, if you are unable to do so, the court will decide the matter for you. If you have property division concerns, Bethany Macktaz can answer your specific questions.
5. RI does not require mediation before granting your divorce. – This means that although the court would like you to reach an agreement before your divorce hearing, you will not be required to undergo formal mediation before your divorce is granted. If you and your spouse find however, that you cannot agree over things like custody and child support issues, the court will order you to enter into the mediation process. At this stage they may postpone the resolution of your case until your have reached an agreement, handle the portions that are settled separately, or settle your case and order mediation for any remaining disagreements after the fact.
If you need assistance with a Family Court matter, divorce, child support, custody or other issue, contact Bethany Macktaz now at (401) 490-0717, by email at Bethany@MacktazLaw.com, or use the contact form on her website for more information.