Christopher D Healey Attorney at Law

• DIVORCE

• PRENUPTIAL AGREEMENTS

• CHILD SUPPORT ISSUES

• ADOPTIONS

• MARITAL SETTLEMENT AGREEMENTS

• APPEALS

CONTEMPLATING  DIVORCE?   

SOME USEFUL  INFORMATION TO KNOW

WHAT ARE THE GROUNDS FOR DIVORCE?

     A divorce in Rhode Island is usually granted on the grounds of irreconcilable differences which have caused the breakdown of the marriage.  There are various other grounds for divorce such as adultery or extreme cruelty.

WHAT IS THE RESIDENCY REQUIREMENT FOR OBTAINING A DIVORCE IN THE RHODE ISLAND ?

     You or your spouse must have resided in Rhode Island for at least one year.

WHAT KIND OF ISSUES WILL I DISCUSS WITH MY ATTORNEY DURING THE FIRST VISIT?

     The separation of a married couple is one of the most traumatic occurrences in one’s life.  I will address both family and emotional issues,  assist you as a parent in meeting the needs of your children; and advise you in handling financial matters such as real estate and personal  property.  I will also advise you as to the steps to take to protect your assets.

WHAT IS A RESTRAINING ORDER AND WHEN MIGHT I NEED ONE?

    Restraining orders are designed to prevent abuse of a spouse or to prevent the removal of marital assets by a spouse.  You may need one if your spouse is mentally or physically abusive to you or if you feel that your spouse is disposing of your marital assets.

WHAT ABOUT CHILD SUPPORT?

    I will discuss the child support formula and guideline used by the Court which is based on the incomes of both parents. 

HOW ARE MARITAL ASSETS DIVIDED?

     Each case is different.  In most cases, assets are divided equally between spouses, but depending upon the specific facts of the case, there may be a different “split” of marital assets.

HOW IS ALIMONY GRANTED?

     There are two types of alimony that may be granted.  Rehabilitative alimony is designed for short, definite periods of time, usually to help a spouse get back into the job market.  In certain cases, because of age or disability, a court has the right to award alimony indefinitely.

WHAT SHOULD I KNOW ABOUT CUSTODY AND VISITATION? 

     The best interests of the child is a primary consideration in awarding custody.  I will discuss with you the consequences of a contested child custody matter.  Visitation usually occurs pending the hearing in the Family Court.  Specific times for visitation for the non-custodial parent will bet set at the Court hearing.  A custodial parent’s failure to comply with a visitation schedule may result in a change in custody.

CAN DECISIONS MADE ABOUT CHILD SUPPORT, CUSTODY AND VISITATION BE CHANGED? 

     Yes.  Even after your divorce has been finalized, you can petition the Family Court to change existing child support, visitation and custody arrangements.

WHEN DOES MY DIVORCE BECOME FINAL?

     After filing a divorce complaint and the serving of a summons, the matter is usually heard within sixty (60) days.  The  divorce is not final until a final judgment has been signed by the Family Court Judge.  It will not be signed until three (3) months and one (1) day have passed following your divorce hearing.  Contested divorces take substantially longer to be heard and decided.

DIVORCE TERMS DEFINED

Irreconcilable Differences

   This is the most commonly used ground for divorce in the Family Court.  It simply means that a husband and wife have tried to resolve their differences but have been unable to and wish to live separate and apart for the rest of their lives.  The blame for the breakup of the marriage is shared equally.

Restraining Order

   This Order can be issued by the Family Court to stop either the husband or wife from physically or verbally abusing the other.  It can also prevent either the husband or wife from disposing or hiding marital assets.

Custodial Parent

  The parent whom the children live with on a day to day basis.

Non-Custodial Parent

   The parent who has visitation with the children but does not live with them full-time.

Joint Custody

    The children may live with one parent and enjoy visits with the other, but both parents have equal say in the major decisions affecting the health, education, religion and medical decisions. 

Child Support

   Child support is paid by the non-custodial parent.  The  parent paying child support may not deduct  the monies paid on their tax return.   The parent receiving the child support does not have to report it as income.

Alimony

    Alimony is paid by one spouse to the other and is awarded by the Court.  The party who is receiving alimony must declare the monies received as income for tax purposes.  The party who is paying alimony may  deduct the monies paid for tax purposes.