Getting a divorce or revisiting issues after a divorce can be extremely stressful. Numerous points of dispute may come up, including issues related to the kids, alimony, and how property should be divided between the spouses. Even after a divorce, certain changes may need to be made, due to a significant change of circumstances. At Bilodeau Capalbo, LLC, our Rhode Island family lawyers can provide you with sound legal counsel and representation in connection with a variety of complex matters. We also represent clients in Connecticut and Massachusetts in these situations.Common Types of Family Law Issues
To initiate a divorce, you or your spouse must have resided in Rhode Island for at least one year. In most cases, divorces are granted on the no-fault ground of irreconcilable differences that have caused the breakdown of the marriage. However, there are also fault-based grounds for divorce, such as adultery and extreme cruelty. When adultery is proven, it can have an impact on property distribution or alimony.
Property division is an issue that often is contested and complicated. There is a three-step process that trial judges must follow to equitably distribute property during a divorce. First, they need to determine which assets are marital property, including assets such as real estate. Second, they consider certain factors, including the length of the marriage and the conduct of the parties. (This step is when adultery can affect the division of the property.) Third, the trial judge should distribute the property. Assets will be divided equitably, but this does not necessarily mean an equal division. Both nonmonetary and monetary contributions are believed to enhance a marriage, so a homemaker and child rearer's contributions are valued in the division. Our family attorneys can help Rhode Island residents make sure that their rights are respected throughout the proceedings.
Another common area of dispute in a divorce is spousal support or alimony, which may be ordered when one spouse has become financially dependent on the other, higher-earning spouse during the marriage. Two types of alimony may be awarded in Rhode Island. The first is rehabilitative alimony, which is meant to provide for a spouse so that they have sufficient time to get back into the job market. Most of the time, rehabilitative alimony is awarded for a specific period, such as the time that it would take a spouse to graduate from a school or training program, or the time that it would take to conduct a job search.
The other type of alimony is indefinite or permanent alimony. In most circumstances, this kind of alimony would be appropriate when a spouse is of retirement age, disabled, or has been out of the job market for decades. In that case, they are unlikely to be able to find a job and may get alimony indefinitely. Factors that will be considered in making an alimony award include how long the marriage lasted, the spouses' conduct while married, the health and age of the spouses, their job skills, their earning potential, the assets and liabilities of the spouses, their childcare responsibilities, their standard of living during the marriage, how long it will take for the recipient spouse to get a job, and their future income, as well as any other relevant factors. A Rhode Island family attorney at our firm can help make sure that you present a convincing case, whether you are seeking alimony or defending against your ex-spouse’s request for alimony.
In many situations, challenges arise regarding the custody of a minor child following a divorce. In child custody disputes, the court's primary consideration is the best interests of the child. Factors for the court to consider when determining the best interests of a child include each parent’s wishes about custody, the child's reasonable preference if they are of sufficient experience, understanding, or intelligence, interactions between the child and their parents and siblings, the home, school, and community environments at issue, the physical and mental health of the child, parents, and siblings, the stability of the home, the child's parents' moral fitness, and the willingness of each parent to facilitate a close, continuous parent-child relationship between the child and the other parent.Hire a Knowledgeable Family Lawyer in Rhode Island
If you are facing a family law matter during a divorce or in the aftermath of a divorce, it is important to consult an experienced attorney. At Bilodeau Capalbo, LLC, we maintain close and trusting relationships with our clients, and we have a strong reputation for client satisfaction. Our firm also represents people in many areas of Connecticut and Massachusetts. We have offices in West Warwick, South Kingstown, and Hartford. Call us at 401-300-4055 or use our online form to set up an appointment.
Bilodeau Capalbo, LLC is proud to handle cases in all courts in the entire states of Rhode Island, Connecticut, and Massachusetts. We also offer a free initial consultation.