Rhode Island Divorce Tips by Attorney Chris Pearsall

RI Divorce DO's and DON'Ts by Attorney Chris Pearsall

In a Rhode Island Divorce are there any Do's and Don'ts I should be aware of right at the beginning of the proceedings?

ANSWER:  Yes.

DO's

1)  Remember that the court is looking for equity and fairness between the divorcing parties.

2)  Think of how the Rhode Island Family Court Judge might look at an action you are contemplating taking before you take it.

3) Get the advice of your divorce attorney before taking any actions relating to assets, debts, or any financial accounts that are in your name or you have with your spouse.

4)  Keep your emotions under control in the court house and especially in the courtroom unless you or your attorney believe that your natural expression of emotion will not hurt your case.

5)  Remain civil with all court personnel under all circumstances.  The Rhode Island Family Court personnel keep abreast of what is going on and information about parties and their demeanor may travel to the judge's ears and hurt your case.  (i.e. Linda files a divorce and requests immediate relief from the court but is rude to the assistant clerk handling the filing of Linda's papers. When Linda delivers the file upstairs to the Judge's sheriff the assistant clerk mentions to the Sheriff that the woman associated with this file was very rude and demanding to her downstairs.  The judge overhears this conversation which occurs right outside his or her chambers.  This may or may not affect the judge's decision on your request for relief . . . but there is no reason to take that chance. 

This list is by no means exhaustive.  More DO's will be provided in other articles.

[Exerpt] To read the complete Rhode Island divorce article click here -> AttorneyPearsall.com

Premarital Assets in a Rhode Island Divorce

How does my Rhode Island Divorce Judge determine if something is a pre-marital asset and why is that important?

It is perhaps easiest to answer your second question first.  The nature or type of asset that is presented for the judge's consideration is important. 

Why?   Certain types of assets may not fall within what is referred to as the "marital estate."  Rhode Island Domestic Relations law provides that the family court judge has the power to make an equitable distribution of "the marital estate."  Assets that are determined by the judge to be pre-marital are not themselves part of the marital estate and therefore are not subject to division by the court.  They are considered the property of the person who owned the asset prior to the marriage.

The family court judge will determine if the particular asset before him or her is a pre-marital asset based upon the factors surrounding the asset.  Each judge will use his or her discretion to consider questions similar to these:

• Who owned the asset prior to the marriage?
• Does the other party contest that the asset is pre-marital?
• What documents exist to show ownership prior to the marriage?
• What kind of asset is it (i.e. vehicle, piano, painting)?
• How was the asset used during the course of marriage?
• Where was the asset kept during the course of the marriage?
• Was the asset kept completely separate and apart from the marital estate?
• Did both spouses have the beneficial use and enjoyment of the asset during the marriage?
• Were there any discussions between the parties or representations made by the party now claiming it is pre-marital either immediately before of during the marriage that related to the asset?  What were the substance of those discussions or representations?
• Did the asset appreciate during the course of the marriage?
• Were any marital monies or other marital assets used for the maintenance, storage, upkeep or improvement of the asset during the course of the marriage?
• Is the asset insured, and if so, who is the policy holder and who are the beneficiaries?
• If the asset is insured, were any marital assets used to pay the insurance premiums?
• What is the value of the asset?
• How long have the parties been married?

[Exerpt]  To read the complete article click here -> Attorney Pearsall on Pre-marital Assets

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

Attorney Pearsall's practice is focused almost exclusively in the areas of Divorce and Family law.

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is based on Rhode Island and is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.