Rhode Island is a "no fault state". Does that mean the assets are always divided 50% to the wife and 50% to the husband in a divorce?
No. A no fault divorce in Rhode Island simply means that a fault grounds are not necessary in order to obtain a divorce in Rhode Island. In other words, all the parties have to prove to obtain a divorce in Rhode Island is irreconcilable differences that led to the breakdown of the marriage. However, the parties are free to allege other various fault grounds as a cause of the break up of the marriage. Even if a divorce is a "no fault " divorce it does not necessarily mean that it will be an uncontested divorce.
"No fault divorce" does not mean that fault is not significant! Fault can be extremely significant in Rhode Island. If a party can prove that the other party is at fault for the breakup of the marriage, then they can seek a disproportionate share of the marital assets. Fault may also be a small factor to determine whether or not a party is entitled to alimony.
The following types of behavior could be grounds to obtain more than fifty percent of the marital assets: alcoholism, drug addiction, domestic violence, criminal history, incarceration, extra marital affairs (cheating), abusive behavior, gambling, emotional abuse, sexual abuse, financial mismanagement, criminal activity, abandonment, etc. You should consult with a Rhode Island lawyer / attorney concerning the circumstances of your case and how they will affect your divorce.
What is an Uncontested divorce in Rhode Island?
An uncontested divorce is a divorce in which the parties agree to all issues involved in the case including child custody, child support, visitation, equitable division of the marital domicile (real estate) etc.
What does a "no fault" divorce mean in Rhode Island?
In some states, it is necessary to prove fault grounds in order to obtain a divorce. Under Rhode Island divorce and family law, it is not necessary to prove fault grounds in order to obtain an absolute divorce. All you need to do is prove irreconcilable differences in order to get a divorce. Irreconcilable differences can be anything from lack of communication, different goals and aspirations, affairs, domestic violence, arguing, fell out of love or actually anything. In other words, if either party wants to terminate the marriage, then that party can get a divorce in Rhode Island so long as the other jurisdictional requirements in Rhode Island are met.
How does fault affect a Rhode Island (RI) divorce?
Even though Rhode Island is a no fault state, fault can play a very important role in how the court equitably divides the assets and debts of the parties. After the family court has determined what assets are in fact marital assets, then the court will look at various factors to determine the equitable division of assets. The court may consider the following factors in determining equitable assignment of the property.
a) The length of the marriage;
b) The conduct of the parties during the marriage;
c) The contribution of each of the parties during the marriage in the acquisition, preservation or appreciation in value of their respective estates;
d) The contribution and services of either party as a homemaker;
e) The health and age of the parties;
f) The amount and sources of income of each of the parties
g) The occupation and employability of each of the parties;
h) The opportunity of each party for future acquisition of capital assets and income;
among other factors which are set forth in R.I.G.L. 15-5-16.1. That statute specifically states that the court can consider any factor which the court so expressly finds to be just and proper.
Please note that in many cases the parties decide to divide the property 50% to the wife and 50% to the husband. One of the most important factors the Rhode Island Family Court judge will look at in granting the husband or wife a disproportionate share of the marital assets is if the other party had an affair, was emotionally or physically abusive or had substantial drug and alcohol problems. The court will also look at other negative conduct in awarding a disproportionate share of the marital assets.
It is not uncommon for a judge to award a 60/40 or 55/45 distribution of marital assets in a divorce if the Family Court finds that one party had an extra marital affair and that affair led to the breakdown of the marriage. Rhode Island Attorneys legal Notice per RI Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.
PC 243 d arrest 7/31/2010 Warrant 11/10/2010 I turned myself in on 11/10/2010 after finding out about my warrant..
I was never arrested on 7/31/2010. I was never arrested at all. I did have police contact on 7/21 but no charges were made nor was I ever read my rights.
A group of friend and I went to celebrate my brothrs birthday on 7/31/2010. We were walkin in Old Town Temecula to have dinner at the bank. A african American Male and a freind exchanged words. They began to fight. My friends and I attempted to break it up. The black male punched me in the face several times and got a black eye and a broken nose. The Black male had a slit eye which later required stiches. I did not hit him. Everyone that was envolved fleed the sence I stayed behind because I did not want to get in trouble for leaving a crime sense. The male attempted to attack me again so I walked away. The police stopped me about 30 feet from the incident. They talked to both parties and explained that if I did not press charges than they would let both of us go because he did not want to press charges. I asked the officer to take a report. I agreed not to press charge since I am a special education austism teacher 1st and 2nd grade and any arrest or police contact would be reported to the commesion and my district. This may cause me to lose my job so I agreed not to press charges and went home. On 11/10/2010, a 6 officers showed up at my house with a warrant and went into my house and searched my entire house. My parents did not give them permission to search but they did anyways. They went throw my entire house and my mail. They also questioned my 8 yr old son. My son cries at night because he thinks the police will come in again and take me away. I do not think that was right for them to question my son about me. I turned myself in after work on 11/10/2010 at the southwest jail. I was never read my rights. I was booked and arrested. I was bailed out the following day. I am a school teacher with a family and this incident can ruin everything I worked for. I dont know what to do. I do not know anything about ca laws but I feel like this is not right. Please help
Custody and Divorce
i am japanese citizen and was married to an american. We had a child that has both japanese and U.S. citizenship. We were married in nevada in 2000 and then divorced in Japan in 2004. Ilive in Japan from 2004 until 2007. i moved to virginia in 2007. Japan awarded me full custody. The father has never made an attempt to contact us since 2004. Yesterday my mom calls me from Japan and siads my ex sent divorce papers to Japan and wants physical child custody. They were filed from the state of california. Do i have to sign these. If i dont, will he get custody even though Japan saids I have full custody. Will california even hear a custody case because i now live in Virginia and our child only lived in California from birth to age 5 months. I appreciate the help
Thank You
squatters rights (Monroe County)
Person living and working on property- 2yrs.,with supervision from owner. Renovations being done. Mentioned squatters rights. I just want to know if he has any rights at all and what we can do to prevent such a battle.
police report
i had a car stolen from me and when picked up the police report the year and lisence number was not right. i wanted to know where i stood on what actions i can go against the police dept.