Frequently Asked Questions
Common Concerns Regarding Divorce & Family Law in Providence, RI
Are you considering filing for a divorce from your spouse? Perhaps you
are searching to have more time with your children then your custody arrangement
allows? Whatever the case may be, obtaining the help of a skilled
Providence family law attorney is in your best interest if you wish to see results in your case. With
years of experience, I, Steven G. Wright, Esq. have helped countless individuals
and families, protecting their rights and fighting for what is in their
best interest. Below are some common questions and concerns that individuals
may have regarding divorce and family law in the state of Rhode Island.
If you have any further questions, do not hesitate to reach out to my
firm! We offer free initial consultations to all clients.
How is child support determined?
When a couple decides to end their marriage, it is their responsibility
to determine what is in the best interest of the child. If the spouses
cannot come to an agreement on their own, then the court will determine
what is best for the children. Once
custody is decided upon, then
support will be determined based on the factors and needs of each family. Factors
the court will consider include each spouses' income and the amount
of time they will spend with the child. This process may take time because
of the many details associated with the children and their best interest.
If my spouse and I are on good terms for our divorce, do we still need
an attorney?
Though television often portrays divorces as a war-zone of conflict, families
often go through a
divorce on much simpler terms. It is common for two people to agree that they
are ready to move on and want to make the process as pain free as possible.
Though it is possible to do on your own, enlisting the help of a divorce
attorney is still encouraged. In matters of an uncontested divorce, I
can still help you and your spouse draft the agreements for your divorce
to make sure every topic is covered. Meditation is a common option for
couples who are willing to compromise and work together in a divorce.
How does domestic violence affect a divorce?
Rhode Island law encourages the court to always put the best interests
of the child first. If there is any evidence of domestic violence, the
judge will use discretion when determining child custody arrangements.
If there is a repeated pattern of domestic violence, the abusive parent
may lose all parental rights.
Why would divorce mediation be beneficial for me and my spouse?
Mediation can be an incredibly effective way to negotiate the terms of
a divorce without unnecessary conflict and court litigation. The process
puts you in control, rather than leaving the terms and conditions up to
a judge. Mediation is also advantageous for couples looking to resolve
their differences and part on good terms, especially if children are involved.
Will I have to pay alimony?
Alimony, also called spousal support, is not required in Rhode Island.
However, depending on your circumstances, the court may order spousal
support for a certain length of time. They will consider things like the
length of your marriage, the employment of you and your spouse, your standard
of living, children, and the ability to pay alimony.
My spouse and I saved a lot in our retirement fund. How will that be divided?
During your divorce, anything that is considered marital property will
be divided equitably by the court. Equitably does not always mean fairly,
however. Retirement accounts are considered marital property and the court
will take into account the age and health of both parties, your occupations,
and the contributions made to the retirement fund.
What is legal separation?
Rhode Island refers to legal separation as "a divorce from bed and
board." This means that both spouses are technically still married,
but are not living together. Legal separations typically last for one
year and are a way for spouses to consider divorce without the influence
of each other.
For more information on how a Providence family and divorce lawyer can
help you,
contact my office!