For many people seeking a divorce, the most desired result is simply the end of a marriage, and not much else needs to be determined. Most divorces in Rhode Island are not this simple. As part of the dissolution of a marriage, Rhode Island Law provides courts the authority to enter orders involving the couple’s children, spousal support, as well as for the division of property obtained during the marriage and other issues.
For many couples who share children and are seeking a divorce, the most important issue to be decided by the court is that of the custody and care of the children. Rhode Island courts primarily consider a custody arrangement that is in the “best interests” of the children. Although one parent may be awarded primary physical custody of the children, state law protects the noncustodial parent’s rights to visitation with the child, unless good cause can be shown for restricting such vitiation. Courts can also award joint physical and legal custody of children to both parents, who would then share in the day-to-day care and decision-making for the child. When fighting for custody or visitation rights, a parent needs to be adequately prepared and have an understanding of the factors used by the courts in awarding custody.
In addition to the custody of children, Rhode Island courts may also enter orders awarding child support and spousal support (alimony) to either party. Generally, the party with primary physical custody of the children will receive a support award from the noncustodial parent. Child support is based largely on the parties’ incomes. It is common for divorcing parents to try and conceal or misrepresent some of their income or expenses to manipulate a court into awarding an unfair support or alimony award, so it is important that a detailed and accurate accounting be performed on the couple’s finances before an award is issued.
The post What Major Issues Can Be Decided as Part of a Rhode Island Divorce? appeared first on Rhode Island Real Estate Lawyer Blog.