One worry that often weighs on the minds of those facing a divorce is how their marital property will be divided. The process of separating assets acquired during a marriage can be as complicated and unique as the couples themselves. At Moyer Law, PC, our property division lawyers can help you navigate this complex facet of divorce. Based in Warwick, our law firm represents individuals and families throughout Rhode Island.
Call us today at (401) 305-2934 to schedule a confidential consultation.
Rhode Island courts define marital property as property acquired after marriage. Property obtained before marriage, through inheritance, or as a gift is typically considered separate property and is, thus, not subject to division in a divorce. While this may seem simple, it is subjective in practice, which is why you need a RI property division attorney who is familiar with the letter of the law – like the one at Moyer Law, PC.
We will work closely with you and your accountants to make sure no stone remains unturned throughout your settlement or trial. You can count on us to advocate for and protect your best interests.
Assets that require careful division include:
- Real estate
- Stock portfolios and other investments
- Bank accounts
- Retirement plans
- Personal property with intrinsic value
Factors the Court Will Consider When Dividing Assets
Family courts in Rhode Island consider certain factors set out in R.I.G.L. 15-5-16.1 when dividing assets in divorce, including:
- The length of the marriage
- The conduct of the parties during the marriage
- The contribution of each of the parties during the marriage in the acquisition, preservation, or appreciation in value of their respective estates
- The contribution and services of either party as a homemaker
- The health and age of the parties
- The amount and sources of income of each of the parties
- The occupation and employability of each of the parties
- The opportunity of each party for future acquisition of capital assets and income
- The contribution by one party to the education, training, licensure, business, or increased earning power of the other
- The need of the custodial parent to occupy or own the marital residence and to use or own its household effects taking into account the best interests of the children of the marriage
- Either party’s wasteful dissipation of assets or any transfer or encumbrance of assets made in contemplation of divorce without fair consideration
- Any factor which the court shall expressly find to be just and proper
Whether presenting these issues to the court, or working through an uncontested divorce, the same basic steps will apply. First, you will need to determine which assets and debts are, in fact, marital. Next, you will need to determine the value of these assets. Lastly, you will need to divide and distribute the assets.
Remember, the issues surrounding marital property division will vary from case to case. Military divorces, for example, will have their own unique challenges. To help get through all of this, while also protecting your personal and financial interests, enlist the services of our property division attorney in Rhode Island.
You Can Depend on Our 20 Years of Experience
The attorneys at Moyer Law, PC can deftly disentangle your complicated assets. We can diligently trace the source of funds used to purchase your items so they can be fairly distributed to each spouse. We understand the importance of protecting your businesses, pensions, residential and commercial real estate, household furnishings, jewelry, and more. Learn more about our firm's qualifications by giving us a call today.
Contact Moyer Law, PC today at (401) 305-2934 to discuss your situation.
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