In states where the legal theory of community property is recognized, all marital assets in a divorce are divided equally between spouses. However, Rhode Island does not recognize community property, and therefore, the asset division process is significantly more complex.
If you want to achieve a favorable result in the asset division process, you should ensure that you understand the factors Rhode Island courts take into consideration. By doing so, you will be able to highlight relevant issues to help you get the result that you deserve.
The quality of the marriage
The courts will assess the length of the marriage and the reason why the marriage deteriorated. They will also look into the general conduct of each spouse during the relationship.
Individual financial circumstances and contributions
As well as looking at the financial contributions that each spouse made to the marriage, they will also be interested in their current employability. In general, the courts will want to ensure that each spouse will not suffer excessive financial hardships as a result of the divorce.
Misconduct or poor treatment during the marriage
Marriages often break down due to financial conflicts. For example, the spouse of a gambling addict who spends all of the household income may decide to file for a divorce as a result. The wasteful or reckless dissipation of assets will be noted by the courts, and they will use this information to inform their decision.
If you are going through a divorce and want to make sure that assets are divided fairly, it is important to make sure that you are proactive in asserting your rights.