In Rhode Island, there are four general categories of issues that are dealt with in a divorce, namely: Children, Division of Marital Estate, Alimony, and Temporary Issues. Understanding these categories will help break down the process, and help you understand where things you think are important fit in.

Children: There are several sub-parts to the children category and they are: Custody, placement, visitation, support, and medical coverage. A primer on what the court considers in solving child issues may be found in the FAQS section.

Division of Marital Estate: The first step is to identify the marital assets and/or debt. Issues such as inheritance, pre-marital assets, are relevant here. In the next step, the assets and/or debt must be valued. Bank statements, appraisals, credit card statements, and the like help here. Finally, after determining what is divided, and its value (positive or negative), the assets must be divided. The rule of thumb is to assume a 50/50 division and vary off of that based on certain factors that may apply, such as fault (i.e. affairs, abuse, etc.) The statutory factors used in determining division of assets may be found in the FAQS section.

Alimony: Factors such as length of marriage, ability of each party to pay support, and the needs of each party are relevant here, amongst other factors. The court makes a decision regarding alimony only after making its decision regarding the division of the marital estate first. In RI, alimony is considered “rehabilitative,” and thus, it is not awarded simply due to unequal incomes. The person seeking alimony must have a plan to use the funds to “rehabilitate” themselves. As an example: completing an education, or time in employment to get a promotion.

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

Jurisdiction determines which states court can hear the case. If a parent from RI moved to Florida, nobody would think its right to file a case in Colorado. Could they file in Florida? It depends.

To solve these issues, each state has adopted their own set of statutes, often referred to as a state’s version of the “Uniform Child Custody Jurisdiction Act” (UCCJA) or “Parental Kidnapping Prevention Act” (PKPA). In Rhode Island, General Laws Chapter 15-14.1 deals with these issues.

There are three general types of jurisdiction types which determine if Rhode Island is the appropriate state to hear child issues in family court. They are “home state” jurisdiction, “emergency” jurisdiction, and “convenient forum” jurisdiction. Below are abbreviated descriptions of each type of jurisdiction. As such, they are not comprehensive, and you should consult an attorney before making a decision on your own as to where jurisdiction may exists for children in your particular case.

Home State Jurisdiction

In general, Home State jurisdiction arises in the state where a child has most recently resided for a six month consecutive period. Examples:

• Joe and Jane and their son live in Rhode Island and have lived in RI for years. Jane moves to Massachusetts four months ago with their son. RI has home state jurisdiction.
• Same as above but Jane moved 9 months ago. Rhode Island does not have home state jurisdiction.

Emergency Jurisdiction

Emergency jurisdiction arises temporarily if the child is physically in Rhode Island and has been abandoned or it is necessary when a child, or their parent or sibling, has been subjected to actual or threatened mistreatment or abuse. The child must be in Rhode Island. Example:

• Mom and child have lived out of state for years. Child visits dad in Rhode Island and discloses, and dad believes, that child has been subjected to routine physical abuse by mom or her boyfriend. Assuming the allegations are credible, Rhode Island courts may exercise temporary emergency jurisdiction.

Convenient Forum Jurisdiction

Convenient forum jurisdiction arises, generally, when no other state has exercised “home state” or “emergency” jurisdiction, the child is in Rhode Island, and the court determined that Rhode Island is the most appropriate forum for jurisdiction. Example:

• If mom and child have lived out of state for years but have never actually stayed in one place for more than a few months, and the child comes to Rhode Island. Dad lives an yet another state. If mom seeks to establish orders relating to the child, Rhode Island would likely be named the most convenient forum for jurisdiction.

For more detailed answers, contact a Rhode Island interstate custody and relocation attorney.

Don P. Moyer, 401 461-7800, Moyer Divorce Law

In a divorce from bed and board, aka legal separation, the RI courts can only deal with three of these issues, namely (1) child issues, such as custody, possession, child support, etc., (2) alimony, and (3) “temporary issues.”

So the first major difference is that the courts will not assign assets and debt between the parties. If one party wins the lottery, its still a marital asset. If a party racks up debt, its still marital debt.

The next major difference, which is obvious, is that with a legal separation, you are still married. The theory is that parties may need room to breath and figure out if there can be any solutions to the problems in the marriage. For this reason, the courts will not penalize a party who is legally separated for things that usually get punished if such behavior occurs after the separation. This would include issues surrounding abandonment, affairs, or the like. This limbo last until the parties either reconcile and dismiss the separation case or decide to move on with a full divorce.

The process for a legal separation is essentially the same as a divorce, with the same timetable as a divorce, however, in the end, you merely receive an order granting the divorce from bed and board, as opposed to a final decree of divorce.

Don P. Moyer, 401 461-7800, Moyer Divorce Law

The first grouping, gross income and income deductions, is essentially a persons pay stub if they are typical wage earners. Section 1-10 is for a listing of incoming money sources, as in gross income (before taxes), social security income, etc. Section 6 and 9 are somewhat complex to describe, so consult with an attorney if you think they apply. Do not list child support PAID, or your rent EXPENSE here. THey are outflows and go on the next page.

The income deductions section is a listing of things coming out of your check before you get it, or, if self-employed, it is a place to list the money set aside or sent in for anticipated taxes, self employment taxes, etc. Section 23 is your “take home” income.

Section 24 related to your tax status and is self explanatory. Section 25 deals with insurances of a variety of type. Ensure you are familiar with the difference between whole and term life insurance for this section.

Section 26 is a listing of cash and intangible bank accounts.

Sections 27 (A) itemizes things such as 401(k)s, IRAs, brokerage accounts, etc. Section (B) lists significant tangible assets, such as vehicles, collections, things that people might argue over. Section (C) lists real estate. For each part of Section 27, only list values that you have evidence for. Don’t guess.

Page two is for expenses. Put each of your expenses in the appropriate column depending on the frequency with which you expend the money. Food (#30) is typically weekly, while rent, mortgage, utilities, etc. are typically monthly. Work your way down the list and use the blank spaces for unlisted expenses and for debt repayment, such as credit cards, etc. DO NOT list expenses that have already come out of your paycheck, as often may be the case with thinks such as Dental, Union Dues, or Blue Cross (meaning health insurance – you have to wonder who prepares these forms.) Please note that you need not break down your grocery expense from your dairy product expense as requested in Sections 29 and 30. Just group them together.

Ensure that you fill out the additional “Exhibit A” form, or the like, if you are provided with one. Ensure that the totals from that Exhibit are carried over to page two of the DR-6 (Section 55 for Moyer Law Office’s form) so the totals are accurate.

Now, some big picture answers. The form is officially designed to reflect the current reality of a person’s financial position. If you are working, but expect to be laid off in three weeks, put your present income on the form. If you will be moving out of the house after filing for divorce, put your current expense liability on the form, not whet you expect to pay in three weeks. You are always encouraged (and required) to update the form as the changes occur.

Don P. Moyer, 401 461-7800, Moyer Divorce Law

Everything. Maybe.

In Rhode Island, most judges, if asked to make a ruling on the issue, will not allow a significant other to be in the presence of minor children during the divorce, never mind overnight, and forget about living together.

The key is: “if asked.” Most judges will only rule on a particular issue if a party asks them to. Some judges, though, will issue an order dealing with this issue on their own, or “sua-sponte,” if they find out that there is a significant other around the children.

So, for most circumstances, if the judge finds out, and if a party asks the judge to rule on the issue, you will generally get hit with the following order: “Each party is restrained and enjoined from allowing the minor children to be in the presence of their significant other [or any unrelated members of the opposite sex] at any time.” If you violate the order, there could be significant penalties, such as payment of attorney’s fees to the other side, loss of your children, or jail time.

If you are in the circumstance described at the beginning of this article, your life could be turned upside down.

There are a lot of ifs here. Some judges are more lenient, and some are incredibly strict. I have heard the following: “Your boyfriend must move out, and there cannot be so much as a shoe of his in the apartment, or you will be having visitation supervised at the Family Court building.”

After the divorce, the courts tend not to have a problem with significant others being around children, but many will still prevent overnights around them. In a sense, people who have at one time been married have a greater level of restriction on them regarding this issue, as parties who were never married often do not have the same restrictions placed on them.

So, what should you get out of this? Know what you are in for before you go in front of a judge, regardless of which side of the issue you are on. If you are the non-possessory parent, you may have a tremendous amount of leverage to be used (or abused) as needed (think of blackmail.) On the other hand, you could be exposes to a tremendous amount of risk if you are the possessory parent.

Ensure when choosing an RI divorce lawyer for your divorce that he or she knows the tendencies of each judge in the county that your case is to be heard. Does the lawyer knows which judge will hear the case? Find out what to expect on this issue. In essence, make sure you and your attorney are not blindsided.

Don P. Moyer, 401 461-7800, Moyer Divorce Law

As an example, if the kids are living with dad primarily, and the parties have joint custody, then dad would need to communicate with mom about major issues, such as health, education, or religious affairs. Dad does not need to comply with mom’s wishes: mom does not have a veto ability. Mom simple must be kept in the loop. Mom on the other hand, would have the ability to, say, go to the school to speak with the teacher, or get copies of medical records, which she would not be able to do if dad had sole custody.

Physical custody, in Rhode Island, is generally described as “possession” or “physical possession.” This term described which parent is the primary caretaker of the children. The “non-custodial” parent would pay child support to the parent with “possession,” and their time with the children would be described as visitation.

Don P. Moyer, 401 461-7800, Moyer Divorce Law

If they choose contested, they will get a case status hearing date that will typically be 13 to 16 weeks from the date of filing. If the case is on the nominal track, and the Defendant is not actively disputing and issues, the case may go forward as a “Nominal Hearing” on the 11 week date. If so, you will be finished with court, unless something else comes up before the Final Decree is entered. If there is a dispute at the 11 week date, the case becomes “Contested” automatically, and you will be given a case status hearing date several weeks out.

Assuming a nominal hearing, then the parties must then wait 90 days for the Final Decree to enter, assuming the case was filed under “irreconcilable differences.” The other common grounds for divorce is “living separate and apart for the space of at least 3 years.” If you file under this statute, you will need to wait only 20 days from the nominal hearing date to enter the final decree.

Don P. Moyer, 401 461-7800, Moyer Divorce Law

1. The wishes of the child’s parent or parents regarding the child’s custody.
2. The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
3. The interaction and interrelationship of the child with the child’s parent or parents, the child’s siblings, and any other person who may significantly affect the child’s best interest.
4. The child’s adjustment to the child’s home, school, and community.
5. The mental and physical health of all individuals involved.
6. The stability of the child’s home environment.
7. The moral fitness of the child’s parents.
8. The willingness and ability of each parent to facilitate a close and continuous parent-child relationship between the child and the other parent.

Don P. Moyer, 401 461-7800, Moyer Divorce Law