The Rhode Island Divorce Coach - A Few things that Must be "On the Record" in a Nominal Divorce Proceeding!
October 31, 2010
Rhode Island Divorce Coaching these days reveals many of the things that people want to know about as I sit down and meet with more people to be coached for their divorce proceedings.
For instance, "What kind of things have to be "on the record" and in the Judge's Order about the divorce?"
It's easy to get confused in a divorce when you've already gone to the trouble of putting together a Marital Settlement Agreement that contains literally "everything" you and your spouse have agreed upon to resolve your divorce.
Outlining several of them may be helpful to people, though they may vary primarily depending upon whether you have minor children or not at the time of your Nominal Hearing.
1. Residency must be testified to and on the record.
2. Service upon your spouse needs to be on the record whether it is by you or mentioned quickly by the judge.
3. The marriage date and place must be confirmed as accurate and generally a date of separation of the parties living as husband and wife should be provided to the Rhode Island Family Court judge at the time of the hearing.
4. Identification of any Minor Children Must be on the record and specifics relating to legal custody, physical custody, visitation, child support and .
5. At least the general basis of the grounds for divorce that have been specified as the reason for granting the divorce.
6. In the very least, requests for alimony and waivers of alimony as well as statements about about age, health, education, and employment or income justifying a waiver of alimony must also be on the record.
7. The authentication of a Marital Settlement Agreement and submission of the agreement as a Full Exhibit must be made along with the testimony of both parties that each person identifies his or her signature on the Agreement, it was signed freely and voluntarily and that the person signing the document considers the Agreement to be a fair and equitable distribution of their marital estate.
These are fundamentals that must be on the record. Several other items should be on the record but need not be mentioned in this brief article. I will endeavor to address them in another article on Rhode Island Divorce.
This should not be taken as an "all inclusive list" of everything that must be on the record. Different proceedings and circumstances may call for additional items or fewer items.
Just keep in mind that the Rhode Island Family Court has a system in place that lets you go through your divorce as quickly as possible if you are amicable with your spouse, know what you have to do in order to use that system efficiently, and protect your children properly in the process.
Be prepared. Get some coaching from a professional who does this for a living and you will have the best chance at success getting through the process without spending a lot of money.
If you are nervous or uncertain about what to do, that's your internal signal telling you that you should be calling me for your low-cost divorce coaching session.
My best to you as you go before the Rhode Island Family Court System. It's not easy. Divorce never is. Let's make it easier for you and for the Rhode Island Family Court judge and make things as efficient as possible. You'll be happier. The Rhode Island family court's divorce process will work much better for you. And best of all I'll help you keep as much of your hard earned money in your pocket where it belongs!
Christopher A. Pearsall, Attorney-at-Law
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* The Rhode Island Supreme Court licenses all attorneys in the general practice of law. The court does not license or certify any lawyer as an expert or specialist in any particular field of practice.
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