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Rhode Island Family Law Blog

Various factors go into alimony support orders

One of the factors that is present in some divorces, but not all, is the possibility of spousal support. There are many different considerations that go into the order for these payments. Whether you are the party requesting the support or the party who might have to pay, you should understand some of the factors that might impact these payments.

Spousal support payments might be lowered or stopped if the party who is requesting or receiving support is living with someone as a couple. This can't be a basic roommate situation, there has to be more to the story. Typically, your ex and the person he or she is living with have to share expenses and have what is construed as a permanent agreement.

The stages of emotions during divorce can cause conflict

Divorces have the potential to be incredibly conflicting. You may have trouble dealing with your spouse, even though you once loved each other. It's no secret that divorces are emotional, and for that reason, you need to learn how to manage those emotions during your case.

When emotions are out of control, it makes a divorce case difficult. You may not want to participate and drag out the divorce yourself, or you could find that your spouse won't agree to anything you want. In those cases, mediation can help you address your emotions while also addressing your divorce by taking the emotions out of it.

How to ensure that your alimony payments are tax deductible

If you are going to be paying alimony as part of your divorce agreement, it's essential to understand how the Internal Revenue Service (IRS) views alimony and how you can make the most of the tax deduction you can receive for these payments.

Alimony payments are deductible for the payer and are considered taxable income for the recipient. It's essential that you both report the same amount of alimony on your tax returns. That amount should be spelled out in your divorce decree. Any inconsistency in ex-spouses' reporting can get the attention of the IRS and can trigger an audit.

Why do divorce filings increase in August?

If you and your spouse finally made the difficult decision to divorce after your summer vacation, you're not alone. Sociologists say that there are two peak months for divorce filings – August and March. These follow traditional summer and winter family vacation times.

Often, couples who are having troubles count on a long-awaited vacation to ease the tensions they've been feeling. It's a time to get away, relax and heal their relationship. That's a lot of pressure to place on one trip. Often, a family vacation involves being contained with your spouse in a hotel room, car and/or tent for days or weeks on end, caring for the children 24/7 with no respite. That's not likely to heal serious rifts in the relationship.

Co-parenting doesn't end when your children become adults

When the children of divorced parents become adults, they no longer have to live with the custody and visitation schedules set up in the divorce agreement. They are generally free to choose with whom to spend time, for how long and how often. However, your job as co-parents continues. How you handle it now that your kids are grown could well impact just how much you see your kids and what kind of relationship you have with them.

It's easy to feel jealousy and even anger if you're not seeing as much of your kids as you'd like. However, it's important to remember that all kids grow away from their parents as they grow up. It may not be that they're choosing their other parent over you.

Some important tips for minimizing conflict with your co-parent

When couples who are parents divorce, they never really completely end their relationship. They have to find a way to co-parent their children despite whatever residual issues they have from their marriage. Often the conflicts they had as partners morph into parenting conflicts.

If you're having difficulty co-parenting your children in a positive way with your ex, particularly in the early months of your separation and divorce, there are some important things to keep in mind that can help you refocus on what's best for your children, which should be your ultimate goal.

Timing matters – why valuation dates are important

During a marriage that stretches over many years, it is easy to collect a significant amount of marital property. You may have your main residence in Rhode Island and vacation property in another part of the country. You most likely have one or more retirement accounts, an investment portfolio, and even a business you and your future ex-husband will have to divvy up.

Unfortunately, it is never as easy as splitting things down the middle during divorce proceedings. Dividing marital assets can be an extremely complicated process that can leave you very frustrated. The key is to stay focused and not let the complexity overwhelm you. Part of this is hiring the right people to the job. From your attorney to your accountant and financial advisor, it is best to let these people handle the nitty-gritty. For example, when it comes time to start assigning values to assets, it is important to have an actuary that can handle the challenge. This is because there are many aspects to property valuation that need to be addressed to ensure you get your fair share in the divorce settlement. Read further to find out more about why valuation dates are important and how they can affect your divorce settlement.

A huge reason prenups are more popular than ever

You may have noticed that prenuptial agreements are more popular with young people in 2017 than they were for those people's parents' generation. Why is this?

While there are numerous reasons -- such as the divorce rate -- one key reason is the age at which people tend to get married. People are waiting longer than they did before.

Your child custody plan can help keep your child from missing you

When you're crafting a child custody plan, it's easy to think about the facts: when you have to go to work, when your child goes to school, and other dates and times. You're trying to agree on a schedule that works.

Don't forget to think about feelings, too. Remember to consider how hard joint custody can be on your child.

Understand what to consider for property division negotiations

Property division is a very serious matter that takes a lot of planning. This is especially true if you are going through a high-asset divorce. There are a lot of things that you have to think about when you are trying to work through what you want to walk away with.

We understand that you might have some concerns about what you are facing. We can help you to find out what points you will need to work on for the divorce settlement. Once you know what decisions you need to make, you can work through each decision on its own and then think about how it all comes together as part of your property division.