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Rhode Island Family Law Blog

Do you understand parenting time interference?

If you and your child's other parent face difficulty sharing custody, you are far from the first parents to experience this struggle. Even healthy, caring individuals who want to work together to create a good life for the child they both love find the process of sharing a child very difficult.

Unfortunately, parents who are not so healthy and understanding may attempt to interfere with each other's time with the child, which is a potentially serious offense in the eyes of the court. Parenting time interference may occur any time that one parent obstructs or attempts to manipulate the other's time and relationship with the child. For some parents, this is just the byproduct of poor time management rather than a malicious act, but the underlying reasons are less important to the court than the effects of the behavior.

Don't assume that you don't need a prenup

Although prenuptial agreements are becoming more common, many people still think that unless they have significant assets going into a marriage, they don't need one. That's why we want to discuss a few scenarios where those who don't have a lot of money when they wed should get a prenup to protect themselves and others when the marriage ends in death or divorce (and, face it, those are the only two options).

If a person has or plans to start a business, it's wise to get a prenup if you don't want part of the value of that business to go to your spouse in a divorce. Even if your spouse had no participation in the business and did nothing to contribute to its growth, he or she could be awarded part of its value if you break up.

The importance of creating new 'holidays' to share with your kids

For children of divorce and their parents, major holidays can be among the most difficult times of the year. Often, children spend major holidays like Christmas and Thanksgiving with just one parent, which can be bittersweet for them and sad for the parent who isn't there. Attempts to spend the holidays together as a family after divorce can be even worse if ex-spouses have difficulty being around each other, let alone their former in-laws.

While maintaining family traditions and rituals can help children as they adjust to their new family dynamic, parents can establish new traditions and even new "holidays" that they and their children can celebrate together without worrying about scheduling conflicts with the other parent. These new traditions can help kids create fond memories of a time that they might otherwise prefer not to look back on when they're older.

How do judges divide up assets during a divorce in Rhode Island?

When a couple divorces in Rhode Island, all marital property is divided according to equitable division rules. This means that a judge will largely base their decision about how to divide up property between you and your ex by taking into consideration what they deem is fair.

While there are a number of factors that a judge will consider in making such a decision, some of the more common ones are your spouse's income generation, labor contributions and assets.

What not to include in a prenuptial agreement

Prenuptial agreements are becoming an increasingly common part of wedding planning for couples of all ages and income levels. They can help delineate what is separate property going into and during a marriage and help both spouses ensure a fair settlement should the marriage end.

A prenup is an insurance policy of sorts that can make divorce, if it happens, less bitter, drawn-out and expensive by settling matters up-front that are sometimes battled over for months in court.

The ramifications of failing to pay child support

Child support is based on a binding court order. It's not something parents do to be kind to their kids or to help out an ex. As such, they can't stop paying simply because they don't want to or because they failed to save up enough money after other expenses. It's a mandatory payment that has to be met.

That's not to say it can't be altered. People do lose their jobs or run into other financial hardships. The court can then lower the payments. However, parents who have been ordered to pay are obligated to keep paying, in full, until they get an official modification from the court.

3 options for dealing with your house in a divorce

Divorce is often incredibly complicated. For instance, you and your future ex-husband will have to work out a custody arrangement for your children, negotiate over your marital assets and divide the debt the two of you accumulated during your marriage. One of the major decisions you will have to make will concern your house in Rhode Island. Will you continue living in the house and take over the mortgage? Or, will you sell the house and split the proceeds?

There are various options available in regard to your marital home. Your decision will more than likely depend on your specific circumstances.

Is your spouse hiding money in bitcoin?

The cryptocurrency bitcoin has been around for nine years. However, it's recently surged in value, and therefore, in popularity.

Bitcoin and other cryptocurrencies are ethereal and anonymous. They're bought and sold through the internet and don't belong to financial institutions. Bitcoin accounts don't have the owner's name on them, so it can be difficult to determine whether someone holds the digital currency and how much.

Things you can do to speed up your divorce

No reasonable person wants a long, drawn-out divorce. The longer the process takes, the more money it costs, the more time it takes out of your life and the greater chance there is that disagreements with your spouse will grow into serious conflicts. If you have kids, you also increase the stress on them.

As with any legal proceeding, some delays can't be avoided. However, there are things that you can do, particularly if your spouse is agreeable, to speed up your divorce.

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Rioles Law Offices
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Providence, RI 02909

Toll Free: 800-836-8278
Phone: 401-680-9686
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