Our firm provides clients with aggressive representation and experienced defense strategies for all family court and domestic relations cases. We understand that family court issues are extremely sensitive in nature and require a high sense of discretion. Our firm has handled many cases employing our strong record of successful outcomes to represent your best interests. Attorney Chad Bank compassionately fights on behalf of your rights and the well-being of your family. Our firm handles all types of Family Court and Domestic Relations matters including but not limited to:
Saying "I do" doesn't always end in forever - and that's ok. If you and your partner have come to the decision to split, Rhode Island Divorce Attorneys Chad Bank can help you make the best of a tough situation.
The Rhode Island Divorce Process
The Rhode Island Divorce process is hardly ever a short one and can take months to complete. A Divorce Attorney will guide you through the complicated process and settle disputes as they come about. The divorce process begins with a Petition for Dissolution of Marriage. This document will establish the grounds for divorce, circumstances of divorce proceedings and will notify the court of what assets and agreements will be part of the divorce process.
Once the Petition for Dissolution of Marriage is submitted, negotiations form and begin to take place. The more in agreement both parties are during the negotiation process, the quicker the divorce process and the sooner the marriage can be ended. Before proceeding with the divorce process, the following negotiations must be agreed upon:
MaritalAssets: Consists of property, debt, investments and other assets obtained during the course of the marriage.
Alimony: Legally obligated spousal support from one spouse to another before of after the separation of divorce. Alimony in Rhode Island is granted for a short, definite length of time to help the depending spouse get back in the job market.
Visitation and Custody: If a child is involved, visitation and custody authorizes the amount of time each spouse receives physical placement with the child. This allows both parents to remain active in the upbringing of their child. Visitation and custody rights are determined by the health and circumstances of each parent.
Child Support: Whichever parent receives physical placement of the child is required to receive child support to benefit the child.
Contested of Uncontested Divorce
A Rhode Island Divorce hearing is either contested of uncontested. In an uncontested hearing, both parties are in agreement with divorce terms. Uncontested hearings are short and typically only take five to thirty minutes to complete. During this time, each party will be questioned by their attorney and two witnesses will testify the partners were residents of Rhode Island and that there were problems in the marriage.
A contested hearing is a bit more complicated as there is at least one issue that can not be resolved between the party members. At this time, the decision is left to the court. At this point, the hearing will become much more formal and require multiple witnesses. The hearing can take several hours, weeks or months to complete dependant on the complexity of the issue.
Hearing and Decree
For the divorce to become final, a trial must take place. If the divorce is uncontested, a trial will be set within 90 days of after initial divorce papers are filed. After the hearing or trial, an Interlocutory Decree is filed and sets the findings and decision made by the judge. During this time, the two are still married though most partners will separate during this time. After 90 days, the Final Decree is entered the divorce is officially final.
If you need an attorney call Rhode Island Family Court and Domestic Relations Attorney Chad Bank at 401-229-5088 today.