What is an uncontested divorce in Rhode Island? That can be a difficult question for a divorce lawyer to answer, especially over the phone. When a potential client contacts our divorce and family law attorney, and want to know how much an “uncontested divorce” will cost, often the issue is whether the potential client’s case is really uncontested at all.
If you and your spouse have gone over all the issues in a case and have come to an agreement, then the case is, in a sense, uncontested. Often, however, there are many other things an attorney must deal with beyond the agreement and getting the agreement through the Rhode Island Family Court system. Below is a list of “budget busters” that can cause a simple, uncontested RI divorce to take a bit more time and money than planned:
Do you need deeds for house transfers?
Is there a foreclosure, refinance or sale of the real estate?
Will there be a division of a retirement account or pension?
Is the pension military, state, or local in nature?
Marital Settlement Agreements
Often, a MSA is needed if there are complex financial arrangements.
Often, when parties have “an agreement,” the agreement may not have touched on all the actual details that the court, and your lawyers need to consider. Until these details have been covered and agreed to, divorce lawyers will still not consider the case to be an uncontested RI divorce.
So, if you are looking to make your divorce simple, ensure you and your spouse has considered the above issues and that you have had an opportunity to sit down with a divorce attorney, who is an expert in Rhode Island divorce law, to go over all the potential issues. Then, and only then, and assuming neither you nor your spouse change your minds, you may have an “uncontested RI divorce.”