If you are going through a divorce, there will be many important processes that you will have to go through. For example, you may need to establish child custody, child support and alimony. In addition, you will need to divide all marital property, which can be a stressful task.
You should make sure that you have a good understanding of issues that impact the way that property is divided during divorce as early as possible. This will help you make the most beneficial actions to protect your rights to your assets. The following are some important questions to consider in the property division process.
Is a prenuptial agreement in place?
If you signed a prenuptial agreement when you got married, the divorce may not be subject to predefined asset division procedures, but instead, to the procedures set out in the agreement. Prenuptial agreements should be enforced to make the process simpler, not to oppress one of the spouses. Therefore, you may be able to contest the prenuptial agreement if you are unhappy with it.
Is the divorce subject to community property law?
If you are divorcing in Rhode Island, your divorce will not be subject to community property law. This means that as standard, marital assets will be divided in accordance with what is deemed to be fair by the courts.
What was the date of separation?
The date of the separation is that date that helps the courts to determine the status of property and debts; therefore, it is important that you work to establish this.
If you are facing a divorce, you must understand the laws that you will be subject to so that you can make the best decisions for you.