Rhode Island
Divorce Lawyer

At Moyer Law, PC, our Rhode Island divorce attorneys know that filing for divorce can be stressful, emotional, and overwhelming. Our goal is to bear the legal burden on your behalf so that you can focus on your family. You deserve comprehensive, high-quality representation that keeps your needs and goals in mind. Our Rhode Island divorce lawyers take the time to really get to know our clients so that we can provide personalized service and help them make informed decisions that are best-suited for their unique situations. To put it simply: we make your family’s well-being a priority.

RI Basic Divorce Issues Overview

In an RI divorce, there are four general categories of issues that your lawyer will deal with, namely: Children, Division of Marital Estate, Alimony, and Temporary Issues. Understanding these categories will help break down the process.

Four Major Issues in a Divorce

Children: There are several sub-parts to the children category and they are: Custody, placement, visitation, support, and medical coverage.

Division of Marital Estate: The first step is to identify the marital assets and/or debt. Issues such as inheritance or pre-marital assets are relevant here. Next, you must value the assets and/or debt. Bank statements, appraisals, credit card statements, and the like help here, for example. Finally, after you determine what to divide, and its value (positive or negative), you must divide the assets. The rule of thumb is to assume a 50/50 division and vary off of that based on certain factors that may apply. As an example, the issue of fault (i.e. affairs, abuse, etc.).

Alimony: Factors such as the length of the marriage, the ability of each party to pay support, and the needs of each party are relevant here. Also, the court makes a decision regarding alimony only after making its division of the marital estate first. In an RI divorce, the courts consider alimony as “rehabilitative,” as well. Because of this, the courts will not award alimony simply due to unequal incomes. Any lawyer seeking alimony, therefore, must have a plan for their client to use the funds to “rehabilitate” themselves. For example: completing an education, or time in employment to get a promotion.

Temporary issues: Often, you will need to deal with issues such as placement of children, support, restraining orders, and use of assets (who lives in the home) prior to the final hearing on divorce. These are “temporary” issues.

How Long Does a Simple Divorce Take?

Uncontested Divorce in RI

Rhode Island has a “track” system for divorces. As a result, a divorce is either on the “Nominal Track” (such as simple divorce) or the “Contested Track.” The party filing the divorce first may choose either track from the beginning. If they choose the nominal track, the initial (hopefully only) hearing date will be about 11 weeks from filing.

Divorce Timeline in Rhode Island

If they choose contested divorce, then they will get a case status hearing date that will typically be 13 to 16 weeks from the date of filing. On the other hand, for nominal track cases, and if the Defendant has no disputes, the case may go forward as a “Nominal Hearing.” If so, you are finished with court, unless something else comes up before the Final Decree enters. However, if there is a dispute at the 11 week date, the case becomes “Contested”. And if this happens, the court will assign you a case status hearing date several weeks out.

So, assuming a nominal hearing, then the parties must then wait 90 days for the Final Decree to enter. Of course this occurs only if you filed your case under the grounds of “irreconcilable differences.” The other common grounds for divorce is “living separate and apart for the space of at least 3 years.” If you file this way, however, you will only need 20 days from the nominal date to enter the Final Decree.

Managing Expectation in Rhode Island Divorce

Although you may hope and believe your divorce is a simple divorce, it takes two to make it happen. Are you on the sample page as your spouse? Even the parties who want an uncontested divorce can run into issues along the way.

Experts You Might Need During the Divorce Process

Divorce can be a complex legal process and, much like in a personal injury or criminal case, expert witness testimony is necessary for resolving disputes. A vast range of experts, such as child psychologists or accountants, can have a profound impact on the outcome of a divorce settlement. Therefore, it is crucial to work with a law firm that has access to these invaluable resources, so you can have the best possible chance of success.

Different Types of Experts Who Can Assist You

Generally, expert witnesses are only necessary when spouses cannot reach an agreement on their own and must go through the litigation process. For example, if you cannot agree on child custody, a child therapist might provide the testimony you need to support the arrangement you are seeking.

Below are some of the various experts you might need during divorce litigation:

• Child therapists or psychologists: If you are involved in a highly contested child custody case, a child psychologist can evaluate your children and provide testimony regarding the living environment that would best support their best interests.
• Real estate or property experts: Determining the value of property can be tricky, especially in a high-asset case. Whether you need to assess the value of antique furniture or your home, these experts can help ensure the value of your assets is as accurate as possible.
• Accountants: Divorce can get a little ugly at times. If you suspect your spouse is hiding assets, an accountant can help uncover the truth and ensure you secure your fair share of marital assets. Accountants and other financial experts are especially helpful for those who were not involved in managing their household’s finances.
• Vocational experts: These experts are generally used in cases when a spouse remained in the home to care for a family while the other pursued a career. The testimony of a vocational expert can impact the length and amount of alimony a spouse should receive.

If you have a particularly contentious or complex divorce case, you might need the assistance of one or all of these experts.

Our Approach to Divorce Representation in Rhode Island

At your initial meeting, we will walk you through the issues that often arise in divorce, ensuring you know where you stand and what to expect in your divorce. During your case, your attorney will actively ensure that you are kept informed at each stage of the legal process. To this end, our Rhode Island divorce lawyer will continually conduct cost-benefit analysis assessments of various options you face in your divorce. We want you to make smart decisions – not costly, emotional ones. Because of this, we constantly assess your goals and the cost of trying to reach them.

Our Rhode Island divorce lawyer is prepared to aggressively and diligently represent you at trial – however, we will also take the time to see if a favorable negotiated settlement is possible. You are in charge of whether your path is one of settlement or litigation.

Our divorce attorney in Rhode Island is here to provide sensitive counsel and fight for your best interests. We are passionate about finding creative solutions that are tailored to your unique needs. Whether we negotiate a settlement out of court or take the route of litigation, you can rest assured that our dedicated legal team is here for you. Through every legal document, motion, or pleading we prepare, we are aggressively advocating for our clients’ best interests. Find out how Moyer Law, PC can assist you by giving us a call today.

We know that filing for divorce or working through a difficult family matter is never easy, which is why we work closely with our clients to guide them through the process from start to finish. Our Rhode Island divorce attorney can answer your questions and protect your rights during this difficult time, so please don't wait to call.